04 JUL 14 PH 2:29 Dj eisigolgd ADMINISTRA o HEARINGS * STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Aart y ry L- Case No. oY ou vs. BARCLAY ALAN MAVIS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against BARCLAY ALAN MAVIS, ("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 Building Contractor, in the State of Florida, having been issued license number CB C052115. 3. Respondent's last known address is 4836 NE 10° Avenue, Oakland Park, Florida 33334. 4. At all times material hereto, Respondent was licensed as the qualifying agent for Homeco Unlimited, Inc. (hereinafter referred to as "Contractor"). Homeco Unlimited, Inc. has a certificate of authority having been issued license number QB0012279. 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 May 15, 2003, the Contractor entered into a written contract with Richard and Eugenia Derespina (“Derespinas”) to perform interior remodeling work at the Derespinas’ residence located at 6431 Hitchin Post Way, Delray Beach, Florida. The Contractor induced the Derespinas to enter into the contract by representing to the Derespinas that the Contractor would complete the project in no more than four to six weeks. 7. The contract price was Seven Thousand Five Hundred Seventy Five dollars ($7,575.00). On or about June 5, 2003, a change order increased the contract price by Two ‘Thousand Nine Hundred Seventy Nine dollars ($2,979.00) to Ten Thousand Five Hundred Fifty Four dollars ($10,554.00). 8. Pursuant to the contract, the Derespinas made payments to the Contractor on or about the following dates and in the following amounts: May 8, 2003, Six Hundred dollars ($600.00); May 15, 2003, Three Thousand One Hundred Eighty Seven dollars ($3,187.00); May 23, 2003, One Thousand Five Hundred Sixteen dollars ($1,516.00); and June 7, 2003, Four Thousand Four Hundred Ninety Five dollars ($4,495.00), for a total of Nine Thousand Seven Hundred Ninety Eight dollars ($9,798.00). The Contractor induced the Derespinas to pay the Four Thousand Four Hundred Ninety Five dollars ($4,495.00) by representing to the Derespinas in a two-page “anticipated schedule” that the Contractor would complete the project by July 16, 2003. 9. Thereafter the Contractor’s progress toward completion was so unreasonably slow as to constitute the termination of the project without just cause, thereby abandoning the project. 10. As aresult of the Contractor’s abandonment of the project, in December 2003 the Derespinas terminated the contract and subsequently had the project completed by others. 11. The Contractor failed to refund any money to the Derespinas. COUNT I 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count I. 13. Based upon the foregoing, the Respondent violated Section 489.129(1)(1), Florida Statutes (2002), by committing fraud or deceit in the practice of contracting. COUNT 14. _ Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count II. 15. Based upon the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes (2002), by committing incompetency or misconduct in the practice of contracting. COUNT HI 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count I. 17. Section 455.227(1})(m), Florida Statutes, provides that the following shall constitute grounds for disciplinary action: Making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession. 18. Based on the foregoing, the Respondent violated Section 489.129(1)(c), Florida Statutes (2002), by violating any provision of Chapter 455, Florida Statutes. COUNT IV 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count IV. 20. Based upon the foregoing, the Respondent violated Section 489.129(1)G), Florida Statutes (2002), 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 eleven as though fully set forth in this Count V. 22. Based upon the foregoing, the Respondent violated Section 489.129(1)(g)2., Florida Statutes (2002), 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 the 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. 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), 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. Signed this 2S sey of Poy LAA Q , 2004. THEODORE R. GAY ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: otessional Regulation ness and Pr Department of BS LERK Theodore R. Gay DEPUTY id Assistant General Counsel /y. Department of Business and Pyarden Professional Regulation CLERK 5-10-2007 8685 NW 53" Terrace, #100 DATE Miami, FL 33166 (305) 470-6783 Ext. 2225 TRG/sb Case #2063-079085 PC Found: April 27, 2004 Div |: Kaimanson / Del Vecchio 5

Docket for Case No: 04-002444PL