bee k SERRE mE re Tenet i i. STATE OF FLORIDA O1AUG~7 ANTI: 50 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO CONSTRUCTION INDUSTRY LICENSING BOARD, Bi sisi DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, “vs. . Case No. 99-01756 O13 1IOIPL TIMOTHY BYRON O'BRIEN, Respondent. / . ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative ‘Complaint before the Construction Industry Licensing Board, against TIMOTHY BYRON O'BRIEN, ("Respondent"), and says: - 1 Petitioner i is the state agency charged with regulating the practice of contracting pursuant tc to Section 120. 165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. is and has been at al times material hereto, a Certified Building Contractor, f Florida, having been issued license number CB C050028.. ee 30 Respondent's last known address is 2339 Lincoln Street, Hollywood, Florida ge “At all times material hereto, Respondent was the licensed qualifier for R&R Designer Cabinets, Inc. ("Designer Cabinets"). pinpoints wei i: 5. Section 489.1195(1)(a), Florida Statutes, provides that all primary qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job. 6. On or about December 12, 1997, the Respondent entered into a contract with Bertha Cooper to build an addition onto her home and to remodel the interior of her home located at 258 SW 1st Court, Deerfield Beach , Florida. 7. The total contract price was $48, 793.00. 8. The contract did not contain a written statement explaining the consumer's rights "under the Construction Industries Recovery Fund as required by Section 489.1425( 1), Florida Statutes. 9. ‘The Respondent was paid a total of $38, 795.50 by Cooper. 10. Inor around July of 1998, the Respondent ceased work on the project. 11. At the time the Respondent ceased work on the project, the project was not complete and much of the work was substandard. | 12. At the time the Respondent ceased work on the proj ect, the percentage of - completion of the PTO} ject ‘was s less than the percentage paid to the Respondent by Cooper. ~ 13, “Ono or r about November 10, 1998, Cooper terminated her contract with the ; Respondent. 14. "Cooper contracted with Daniel L Mahoney, doing business as / Seawood Builders, Inc., to repair substandard work and to complete the home. 15. The total contract price between Cooper and Seawood ‘Builders was $65, 983.00. 2 vrere ce agree see gre eR | COUNT I 16. __ Petitioner realleges and incorporates the allegations set forth in Paragraphs ‘One through Thirteen as though fully set forth herein. 17. Based on the foregoing, the Respondent has violated 489. 129(1)(k), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days if the contractor — terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT II “18. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Thirteen as though fully set forth herein. 19, Based on the foregoing, the Respondent has violated 489.129(1)(h)(2), Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when: the contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract Price paid to the contractor as of the time of ‘abandonment, unless the contractor is entitled to retain such funds under the terms of the eontract or refunds the excess funds within 30 days after the date the job is abandoned; or ” | . COUNT III 20. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Thirteen as ‘hough fully set forth herein. 21. “Based | on ‘the foregoing, the Respondent has violated 489. 129(1)(n), Florida 3 RB oRaRBT Statutes, by committing incompetency or misconduct in the practice of contracting. COUNT IV 22. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Thirteen as though fully set forth herein. 23. Section 489.142(5)(1), Florida Statutes, provides that any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer's rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500. 24, Based on foregoing, the Respondent violated Section 489.129(1)@), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. | WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to a consumer, impose an administrative fine not to exceed $5,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), i | ~~ Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to - Chapters 489, 455, Fi Torida Statutes, and/or the rules promulgated thereunder. Signed this 7 day of (brah) , 2000. FILED pnt of Business and Professional DEPUTY CLERK COUNSEL FOR DEPARTMENT: Patrick F. Creehan Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 PEC/km Case # 99-01756 NC

Docket for Case No: 01-003101PL