Division of Administrative Hearings . Date 7 [ ar STATE OF FLORIDA ° DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2000-08775, 2001-00663 72-7637 PL GRAIG ARCURI, O L é Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against GRAIG ARCURL ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a Certified General Contractor in the State of Florida, having been issued license number CG C059991 by the Florida Construction Industry Licensing Board. 3. Respondent's last known addresses are: 5 Michael Court, Hudson, New York, 12534-1414; 1232 Market Gircle, 7-G Box #11, Port Charlotte, Florida, 33953; and 2431 Old Coach Drive, Castleton On Hudson, New York, 12033-9501. ; 4. At all times material hereto, Respondent was licensed as qualifying agent for Mel Lockhart Construction under his Certified General Contractor’s license number CG C059991. 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. FACTS PERTAINING TO CASE NO. 2000-08775 6. On or about March 24, 2000, Respondent, doing business as Basum Corporation, entered into a contract with Gilbert Frederick (hereinafter “Frederick”), to construct a new home for Frederick on 5005 Captiva Court, Lot 2, Block 144, Section 12 of Punta Gorda Isles, Punta Gorda, Florida. 7. The total price of the aforementioned contract was $312,000.00 and Respondent ‘was paid a deposit of $3 1,245.00 by checks made payable to Basum Corporation. 8. Respondent failed to provide notification of the Construction Industries Recovery Fund. 9. Respondent excavated the lot, then failed to return to complete any further work on the project after September 22, 2000. 10. On October 6, 2000, a lien in the amount of $6,450.00 was recorded against the property for excavation services performed and materials provided. 11. Respondent failed to satisfy the lien and failed to refund any of the deposit 2 money. 12. At no time material hereto was Respondent licensed to engage in the practice of contracting under the business name Basum Corporation. ) COUNT I 13. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Twelve as though fully set forth herein. 14, _ Based on the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes (1999), by acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificateholder or registrant as set forth on the issued certificate or registration, or in accordance with the personnel of the certificateholder or registrant as set forth in the application for the certificate or registration, or as later changed as provided in this part. COUNT 15. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Twelve as though fully set forth herein. 16. Based on the foregoing, the Respondent violated Section 489.129(1)(g)1, Florida Statutes (1999), by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when valid liens have been recorded against the property of a contractor’s customer for supplies or services ordered by the contractor for the customer’s job; the contractor has received funds from the customer to pay for the supplies or services, and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens. COUNT If 17. Petitioner reafteges and incorporates the allegations set forth in Paragraphs One through Twelve as though fully set forth herein. 18. Based on the foregoing, the Respondent violated Section 489.129(1)(g)2, Florida Statutes (1999), 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 contract or refunds the excess funds within 30 days after the date the job is abandoned. COUNT IV 19. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Twelve as though fully set forth herein. 20. Based on the foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes (1999), 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 V 21. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Twelve as though fully set forth herein. 22. Based on the foregoing, the Respondent violated Section 489.129(1)(m), Florida 4 Statutes (1999), by committing incompetency or misconduct in the practice of contracting. _ COUNT VI 23. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Twelve as though fully set forth herein. 24. Section 489.1425(1), Florida Statutes (1999), 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. 25. Based on the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (1999), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board, to wit; Section 489.1425(1), Florida Statutes. FACTS PERTAINING TO CASE NO. 2001-00663 26. _ Onor about June 8, 1999, Respondent, doing business as Basum Corporation, Contracted with Wayne Spencer (hereinafter “Spencer”), to construct a single-family home to be located at 6500 Blueberry Drive, Englewood, Florida. 27. The total price of the aforementioned contract was $185,260.00. 28. Respondent was paid $59,293.50 by disbursements from First Community Bank of America to Basum Homes. 29. Spencer also paid Respondent $500.00 as a deposit. 30. Respondent failed to provide notification of the Construction Industries Recovery Fund. 31. Respondent began construction on the project, however, the construction ceased on or about September 17, 2000, and Respondent did not return to complete the project. 5 32. A review of Charlotte County Public Records revealed that $15,298.74 in outstanding liens had been filed against Spencer’s property, 33. Respondent has failed to satisfy the liens, 34. At no time material hereto was Respondent licensed to engage in the practice of contracting under the business name Basum Corporation. COUNT Vu 35. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Five and Paragraphs Twenty-Six through Thirty-Four as though fully set forth herein, 36. Based on the foregoing, the Respondent violated Section 489. 129(1)(f, Florida Statutes (1999), by acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificateholder or registrant as set forth on the issued certificate or registration, or in accordance with the personnel of the certificateholder or registrant as set forth in the application for the certificate or registration, or as later changed as provided in this part. COUNT VII 37. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Five and Paragraphs Twenty-Six through Thirty-Four as though fully set forth herein. 38. Based on the foregoing, the Respondent violated Section 489. 129(1)(g)1, Florida Statutes (1999), by committing mismanagement or misconduct in the Practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when valid liens have been recorded against the Property of a contractor’s customer for supplies or services ordered by the contractor for the customer’s job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens. ~ COUNT IX 39. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Five and Paragraphs Twenty-Six throughThirty-Four as though fully set forth herein. 40. Based on the foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes (1999), 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 X 41. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Five and Paragraphs Twenty-Six through Thirty-Four as though fully set forth herein. 42. Based on the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes (1999), by committing incompetency or misconduct in the practice of contracting. COUNT XI 43. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Five and Paragraphs Twenty-Six through Thirty-Four as though fully set forth herein. 44. Section 489.1425(1), Florida Statutes (1999), 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. 7 45. Based on the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (1999), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board, to wit; Section 489.1425(1), Florida Statutes (1999). ° WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, teprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or fegistration, 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), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. FILED Department of Business and Professional Raguiation DEPUTY CLERK coer tardint Michele DATE Viab) \-2C0\ red LN ‘abil COUNSEL FOR DEPARTMENT: Robert A. Crabill _ Chief Construction Attorney Florida Bar No. 0134473 Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street, Suite 60 Tallahassee, FL 32399-2202 RAC/acd 2000-08775 2001-00663 oe MC DY: SI fot Hus bard & Kacpt

Docket for Case No: 02-002637PL