Jun 22 2006 14:39 66/22/2686 14:29 8589219186 DEPR PAGE 86/18 STATE OF FLORIDA ° DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD , DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No’s: 2006-00572] 2006-007034 THOMAS ROY BUCKLEY, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against THOMAS ROY BUCKLEY, d/b/a Great Bay Homes, Inc., ("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 C26791. 3. Respondent's address of record is 17694 Crooked Oak Ave, Boca Raton, Florida 33487. FACTS RELATED TO CASE NO. 2006-005721 4. On or about February 9, 2004, Gary and Phyllis Maheu (“Maheu”) contracted with Respondent for the construction of a residence to be located at 1366 SW Paar Drive, Port Jun 22 2006 14:39 66/22/2686 14:29 8589219186 DEPR PAGE 87/18 St. Lucie, Florida. 5. The contract price for the aforementioned project was $140,892.00, of which Respondent was paid $104,934.24, 6, On or about October 5, 2004, the City of Port St. Lucie Building Department issued Respondent a permit for the project (Permit No. 04-31279). 7, Respondent performed work on the project from approximately December 2004 through November 2005. 8. Respondent ceased working on the project when it was approximately 95% complete. 9. Respondent failed to perform work on the project without notification to the owner, or just cause for a period of 90 consecutive days. COUNT I 10. Petitioner realleges and incorporates the allegations set forth in paragraphs one through three and four through nine above as though fully set forth therein. 11. Based upon the foregoing, Respondent violated Section 489.129(1)(j), Florida Statutes, by abandoning a construction project in which the contractor is 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. FACTS RELATED TO CASE NO. 2006-007034 12. On or about March 27, 2004, John and Lisa Dyer (“Dyer”) contracted with Respondent to construct a residence located at 1344 SB Buckingham Terrace, Port St. Lucie, FL Jun 22 2006 14:40 B6/22/ 2086 14:29 8589219186 DEPR PAGE 88/18 34952. 13, The contract price for the aforementioned project was $200,043.00, of which Respondent was paid $106,336.00 in lender disbursements and $22,216.00 from Dyer for change orders, for a total of $128,552.00. 14, On or about June 20, 2005, the City of Port St, Lucie Building Department issued Respondent a permit for the project (Permit No. 0518264). 15, Respondent commenced work on the project on or about July 11, 2005. 16, Respondent ceased work on the project in or about November 2005. 17. At the time the project was abandoned, approximately 62% of the work was complete. 18. Respondent failed to perform work on the project for a period greater than 90 days. 19, Respondent has failed to return any money paid to him in excess of the amount of work completed. 20. On or about December 9, 2005, Gulf Stream Lumber Company, filed a valid claim of lien in the amount of $6,793.05 against the Dyer property. 21. On or about December 19, 2005, Advanced Surfaces of the Treasure Coast, Inc., filed a valid claim of lien in the amount of $4,433.45 against the Dyer property. 22, On or about January 3, 2006, Masco Contractor Services Central, Inc, d/b/a Gale Insulation, filed a valid claim of lien in the amount of $6,688.86 against the Dyer property. 23. Respondent failed to have the claims of lien removed from the property within seventy-five.(75) days of the dates of the respective liens. Jun 22 2006 14:40 B6/22/ 2086 14:29 8589219186 DEPR PAGE 89/14 COUNT II 24, Petitioner realleges and incorporates the allegations set forth in paragraphs one through three and twelve through twenty three above as though fully set forth therein. 23. Based upon the foregoing, Respondent violated Section 489.129(1)(), Florida Statutes, by abandoning a construction project in which the contractor is 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 owncr, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT Tir 26. Petitioner realleges and incorporates the allegations set forth in paragraphs one through three and twelve through twenty three above as though fully set forth therein. 27, Based on the foregoing, Respondent violated Section 489.129(1)(g)1, 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 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 IV 28. Petitioner realleges and incorporates the allegations sct forth in paragraphs one through three and twelve through twenty three above as though fully set forth there in. 29. Based upon the foregoing, Respondent violated Section 489, 129(1)(¢)2, Florida Jun 22 2006 14:40 B6/22/ 2086 14:29 8589219186 DEPR PAGE 18/14 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 Jess 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 V 30. Petitioner realleges and incorporates the allegations set forth in paragraphs one through three and twelve through twenty three above as though fully set forth therein. 31. Based upon the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or more of the following penalties: an administrative fine not to exceed $10,000.00 per incident; assessment of costs related to the investigation and prosecution of the case excluding costs associated with an attomey’s time; refusal to certify, or to certify with restrictions, and application for licensure; restriction of practice: issuance of a reprimand; corrective action and/or any other relief the Department of Business and Professional Regulation is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the mules promulgated thereunder. Signed this Aur aay of aan 1 pat » 2006. Patr Ges F. Creehan Chief Construction Attomey /PEG/amm | F | L F p Department of Busthess.and Professional Regulation 2006-00572 1 2006-007034 AGENCY CLERK PC Found: April 25, 2006 Division |: Kane& Husband CLERK Su wh f. (J | on 5 oate_5- 5 -2006

Docket for Case No: 06-002236