STATE OF FLORIDA OT DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION _ CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Ol ~ 2 3 1 pe vs. Case No. 2001-02148 GRAIG ARCURI, Respondent. / ADMINISTRATIVE COMPLAINT eee ee YE COMPLAINT ("Petitioner"), files this Administrative Complaint before the Constructi Board, against GRAIG ARCURI, ("Respondent"), and says: | 3. Respondent's last known addresses are: 5 Michael Court, Hudson, New York, 12534-1414; 1232 Market Circle, 7-G Box #1 1, 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 C05999]. 5. Section 489 1 195(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 June 25, 1999, Respondent, doing business as Basum Corporation, entered into a contract with Robert Combs (hereinafter “Combs”), to construct a new, single- family home for Combs at 11552 Southwest Courtly Manor, Lake Suzy, Florida, 7. The total price of the aforementioned contract was $197,570.00, 8. Combs paid Respondent $125,349.00 in the form of draw payments to Basum Custom Homes, and $14,191.00 by personal checks made out to Basum and Basum Homes, 9. Respondent failed to provide notification of the Construction Industries Recovery Fund. . 10. Respondent began work on the project in or around June of 2000, however Respondent ceased work on the Project when it was approximately eighty percent (80%) complete and did not return to the job site, Il. The public records for Charlotte County reveal that approximately $20,000.00 in liens have been recorded against Combs’ Property and have not been Satisfied by the Respondent. } 12. At no time material hereto was Respondent licensed to engage in the practice of contracting under the business name Basum Corporation. COUNT I 3. 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)(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 Tegistration, or as later changed as provided in this part. COUNT It 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, F imancial 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 Teceived 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 It 17, Petitioner Tealleges and incorporates the allegations set forth in paragraphs one 3 ee through twelve as though fully set forth herein. 18. Based on the foregoing, the Respondent violated Section 489. 129(1)(), 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 99 days if the consecutive days, 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)(m), Florida Statutes (1999), by committing incompetency or misconduct in the practice of contracting, 21. Petitioner realleges and incorporates the allegations set forth in patagraphs one through twelve as though fully set forth herein. 22. Section 489, 1425(1), Florida Statutes (1999), Provides that any agreement or 23. 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), by failing to Provide notification of the Construction Industries Recovery Fund, 4 | 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, Tevoke, suspend, deny the issuance or Tenewal of the certificate or Robert A’ Crabill Chief Construction Attormey COUNSEL FOR DEPARTMENT: F | L E D Department of Business and Professional Regulation Robert A. Crabill DEPUTY CLERK Assistant General Counsel Florida Bar No. 0134473 re. s WY Vhichely Department of Business and CLERK ° Professional Regulation OATE 10 ~- 1l0- ACOl A Northwood Centre 1940 North Monroe Street, Suite 60 Tallahassee, FL 32399-2202 RAC/acd 2001-02148

Docket for Case No: 02-002639PL