04 Jul 14 PH 2:29 OVS iuk AOMINIST RA ie HEARINGS STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, na fare Pe ou: 34 YS PL Case No. 2003-092728 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 July 21, 2003 the Contractor entered into a written contract with Chudhry Mustasam (hereinafter referred to as “Mustasam”) to perform kitchen and other remodeling work at Mustasam’s residence located at 4270 NW 53 Court, Coconut Creek, Florida. 7. The contract price was Eighteen Thousand dollars ($18,000.00). 8. On or before November 4, 2003 Mustasam paid the Contractor a total of Sixteen Thousand Two Hundred dollars ($16,200.00). 9. By on or about July 22, 2003, the Contractor had received, as initial payment, money totaling more than 10 percent of the contract price. The Contractor failed to apply for a building permit within thirty (30) days thereafter, and the Coconut Creek building department required one or more building permits for the project. 10. Onor about September 2003 the Contractor commenced performance of work pursuant to the contract without obtaining a building permit. | 11. The Contractor failed to complete the project by three different anticipated completion dates of October 17, 2003, October 31, 2003, and November 21, 2003, which the Contractor gave to Mustasam in writing. 12. Subsequently Mustasam hired other contractors to complete the project. 13. The Contractor agreed to give Mustasam a credit for amounts paid by Mustasam to others to complete the project, however the total of those amounts exceeded the unpaid balance of the contract price. As a result, the Contractor owed Mustasam a refund. 14. The Contractor calculated the amount of the refund to be Two Thousand Two Hundred Seventy Six dollars and Twenty Seven cents ($2,276.27), but the Contractor failed to refund any money to Mustasam. COUNTI 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count I. 16. Section 489.126(2)(a), Florida Statutes, states: “A contractor who receives, as initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement, or construction to residential real property must apply for permits necessary to do work within 30 days after the date payment is made, except where the work does not require a permit under the applicable codes and ordinances.” 17. Based upon the foregoing, the Respondent violated Section 489.129(1)@), Florida Statutes (2002), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT HL 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count I. 19. Based upon the foregoing, the Respondent violated Section 489. 129(1)(o), Florida Statutes (2002), by proceeding on any job without obtaining applicable local building department permits and inspections. COUNT it 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count Il. 21. 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. 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 ao dey of Ppl , 2004. T keeweoe. B.C. FILED d f Business and Professional Regulation THEODORE R. GAY Deparuman® DEPUTY CLERK ASSISTANT GENERAL COUNSEL mae oor Sad DATE sd 4 COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel Department of Business and Professional Regulation 8685 NW 53™ Terrace, #100 Miami, FL 33166 (305) 470-6783 Ext. 2225 TRG/sb Case #2003-092728 PC Found: April 27, 2004 Div |: Kalmanson / Del Vecchio

Docket for Case No: 04-002445PL