Mar 1? 2006 10:10 @a/17/ 28686 11:44 8589219186 DEPR PAGE @2/a7 ) j STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. : Case No. 2004-007615 ERIC 1. WILD, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ERIC I. WILD, ("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 C060537. 3. Respondent's last known address of record is 209 Giotto Drive, Nokomis, Florida 34275. 4, On or about September 5, 2002, Respondent entered into a contract with James Edward Hird (“Hird”) to remodel his home located at 1217 8" Street West, Palmetto, Florida 34221. aa/17/ 2086 Mar 1? 2006 10:11 ) ) 5. The total contract price was $31,050.00. Hird paid Respondent a total amount of $35,495.00 because he had to pay additional costs for windows, blueprints, and an engineer. 6. Hird had to pay additional costs to Goodson Electric and Sun Coast Sanitation in the amount of $2,200.00 and $400.00, consecutively. 7, The contract did not contain information regarding the Construction Industries Recovery Fund. 8. The Respondent’s registration or certification number did not appear on each offer of service, business proposal, bid, or contract as required, 9, Onor about November 5, 2002, construction on the project commenced. 10. Respondent obtained three permits to complete work on the contracted project. The first permit numbered 030059 was obtained to demolish the carport. The second permit numbered 0302347 was obtained to remove the existing carport and replace it with a block garage. The third permit numbered 040267 was obtained to hang drywall in the garage. 11. Respondent performed work on the project on two occasions before he abandoned the contracted project in May 2004. 12. When Respondent abandoned the contracted project, he. failed to drywall, compléte the garage, complete metal soffit and fascia items, trim the kitchen, and complete the windows. 13. Respondent and Hird entered into a mediation agreement on April 27, 2004 where the Respondent agreed to finish the contracted project without any additional costs to Hird, 14. Respondent failed to comply with the mediation agreement by failing to complete the contracted work by the agreed deadline, including extensions. 11:44 8589219186 DEPR PAGE 83/87 Mar 1? 2006 10:11 @a/17/ 28686 11:44 8589219186 DEPR PAGE @4/a7 ) ) 15, Estimates reveal that it will cost Hird an additional $13,000.00 to $16,000.00 to complete the contracted project. COUNTI 16. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 15 as though fully set forth herein. 17. Section 489.1425(1), Florida Statutes, states 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 $2,500.00, 18. Based on the foregoing, Respondent violated section 489.129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489.1425(1), Florida Statutes. 19. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 15 as though fully set forth herein. 20, Based on the foregoing, Respondent violated section 489.129(1)(g)(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 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. @a/17/ 28686 11:44 8589219186 Mar 1? 2006 10:11 DEPR PAGE 85/87 } } COUNT IT 24]. ‘Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 15 as though fully set forth herein. 22. Section 489.119(6)(b), Florida Statutes, requires that the registration or certification number of each contractor appear on each offer of service, business proposal, bid, contract, or advertisement used by that contractor or business organization in the practice of contracting. 23. Based on the foregoing, Respondent violated Section 489.1290), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part J, Florida Statues, by violating Section 489.119(6)(b), Florida Statutes. COUNT IV 24, ‘Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 15 as though fully set forth herein, 23. Based on the foregoing, Respondent violated section 489. 129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. COUNT V 26. ‘Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 15 as though fully set forth therein, 27, Based on foregoing, Respondent violated Section 489.129(1)(j), Florida Statutes, by abandoning a construction project in which the contractor js engaged or under contract as a contractor. A project may be presumed to be 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. @a/17/ 28686 11:44 8589219186 4 Mar 1? 2006 10:12 DEPR PAGE 86/a7 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 QO” day of Fer AMAA 2004 COUNSEL FOR DEPARTMENT: Brian Elzweig Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 Case #: 2004-007615 BE/sh PG Found: February 22, 2005 Division |: Kalmanson / Thornton ZL y . Brian Elzweig Assistant General Counsel FILED Dapartment of Business and Professional Regulation DEPUTY CLERK CLERK MW Michel DATE I-Al-2005

Docket for Case No: 06-000936PL