Jan 11 2007 13:53 Fax sent by : 9585218521 FL BOARD 41-11-87 14:45 Pg: s e | STATE OF FLORIDA : FLORIDA BOARD OF PROFESSIONAL ENGINEERS | FLORIDA ENGINEERS | MANAGEMENT CORPORATION, Petitioner, v. FEMC Case Nos. 200403348 2004006472, 2004006473,; 2005011460, 2005031755 | RODRIGO HERNAN CADAVID, P.E., Respondent, © i / : AD FRAT OMPLAINT Petitioner, Florida Engineers. Management Corporation, files engineering pursuant to. Cheaper 455, Florida Stanites, 2. . Responident is and has been at all time material hereto a licen cdpofesionl engineer in the State of Florida, having been issued license number PE 39415. 3 2/29 Jan 11 2007 13:53 Fax sent by : 9585218521 FL BOARD 61-11-87 14:45 Pg: 3/29 oe o known address is 10901 SW 142" Ave., Miami, Florida 33186. 3 At all tines relevant to'this complaint, Respondent also had. ati ‘ : Sunny Dreams Pools & Spas, Inc. 4. At all-timeés relevant to this complaint, Sunny Dreams Pools & § have a Certificate of Authotization to allow an engineer to provide engineering services through | i . yo ; 5. Atal times relevant to this complaint, Respondent also had a lidbuse as 4 certified’ general contractor, atid ‘did business uridér'a corporation owned by Respo dertt named Roherca General Contractors Corporation, 6. At all times relevant to this complaint, Roherca General Contra did not have a Certificate: of Authorization to allow an engineer to provide se COUNT ONE i ROSE -- NEGLIGENCE - STRUCTURAL 7. Péfitioniet realleges and incorporates paragraphs 1 through 4, as i fulky set forth in this Count One. 8. . On-or about December 19, 2002, Respondent submitted a penfit application for’ construction of a pool ‘for a: property owner named Rose. The. permit application signed by Respondent identified Respondent as the engizicer. 1 a 9. As patt of the application for the Rose pool permit, Reg#h ident submitted: engineerinig plans signed’ aid scaléd by Respondent. ; a 10, Resputident failed to utilize due care or have due regard for engine in the preparation of the Rose pool structural design in one or more of the following ways: FEMC y, Cadavid, PLE. Casew 200033401 | 2 JSPR Clerc: Jan 11 200? 13:54 Fax sent by : 9585218521 FL BOARD 61-11-87 14:46 Pg: 4/29 e oe 11, Based oni the foregoing, Respondent violated Seotion 471.6 Statutes, by engaging in negligence in the practice of engineering. COUNT TWO ROSE — (NEGLIGENCE — ELECTRICAL 12. Petitioner realleges and incorporates paragraphs 1 through’ 4, § set forth in this Count One. 13... Responidett failed to utilize due care ot have due regard for in the preparation of the Rose pool electrical ‘design in one ot more ‘of the follo’ A a. The pool pump size is not provided in the plans: b. The witing, specified does not comply with the Nati ‘el requirement rex to: mate ch'the 200 Amp panel; c. No wiring is specified to demonstrate that service to the D Amp sub-pane i complies with the National Electric Code. 14. Based on the forggoitig, Respondent violated Section 471.8 3(1\(g), Florida ~ Statutes, by nears negligence in thé practice of engineering. r COUNT THREE | ROSE — LACK OF CERTIFICATE OF AUTHORIZATION) 15. Petitioner'realleges and incorjorates paragraphs 1 through 4, 8 a 9, asif fully”. | set forth in this Count Thee. | 16. ReSpondiett provided the engineering services for the Rose poolpursuant to'a contract between’ the ownerand Suny Dream Poots and Spas, Inc FEMC v. Cadavid, PE. Cae # 2004033434 3 Jan 11 200? 13:54 Fax sent by |: 9585218521 FL BOARD 41-11-87 14:46 Pg: 5/29 ee 17. Based oa ‘the ‘Toregoing, Respondent violated Sections 471. 033(8\(a) and 471 023,. Florida Statutes, by practicing cnginecring through a business organization thatidoes ndt hive a. Certificate of Authorization. a : | COUNT FOUR ' - CHEN NEGLIGENCE - STRUCTURAL i } 18. Paionerrealleges and incorporatss paragraphs 1 through 4 asf filly et forth in on this Count Four. 19. On or about “April 9, 2003, Respondent submitted a pemilt application’ for construction of a: ‘pout ‘for a property owner named Chen. The permit application sighed by Respondent identified Respondent as the engineer. ee | 20. ‘As part of ‘the application for the Chen pool permit) Resgonk engineering plans signed and sealed by Respondent. londent “submitted : 2 Rai ety Es doe oreo have due regard for en dineering standards a. The. Structural’ design did not provide adequate: .reinfotbiig thickness of concrete to retuin the pressure from earth backfill abt 22. Based oi the foregoing, Respondent violated Section 471.8 Statutes; by engaging ‘ii wéatisenoe if the practice of engineering. ; CGUNT FIVE CHEN - NEGLIGENCE — ELECTRICAL 23. : Petitions tealleges and incorporates paragraphs 1 through’4, 1 ; and 20;a8if fully set forth in this Count Five. | ‘7 24. Respotideat filed to utilize due cate or have due regard for endineerinig standards in the preparatioit of the Chen pool elecitical design in one or more of the folldjvitig ways: FEMC v. Cadavid, PE. Case# 2000033484 4 Jan 11 200? 13:55 Fax sent by : 9585218521 FL BOARD G1-11-8? 14:47 Pg: 6/29 shy i a : @ x a: The poolpump size is not provided in the plans; b, The electric plans do not have load computations or Fv as required by ot Rule 61G15-33.003, Florida Administrative Code; - eeceetietenann ten This Violates NEC Table 310.16, which requires’ a larger #3 condtictor or, #1 alumiinuiy conductor. 25. | Based: onthe: foregeitig, Respondent violated Section: 471 bore, Florida Statutes, by engaging in négigence i in thé practice of engineering. : i 2 COUNT SIX CHEN + LACK OF CERTIFICATE OF AUTHORIZATIO \ . 26. Petitioner ieallees and incorporates paragraphs!’ ‘trough 4, 1 it, as if fully : set forth in this Count’ Six. : q Fj 27. Respondent provided the engincéring services for the Chen poo! pursuant toa i contract between the owner and Sunny Dream Pools and Spas, Inc 28. Based onthe foregoing, Respondent violated Sections 471 03304 \(a) and 471.023,” Florida Statutes; by: prachiig engiicering through a business organization Certificate of Authorization. i ¥ COUNT SEVEN : ‘CHEN ~ DELINQUENT LICENSE ; 4 29. Petitioner realleges and incorporates paragraphs] through 4, 19 and 20, as'if fully 30. -Respondent’s' Flotida license to practice engineering went delit t on February -: 1, 2003, ‘and Was nit rebewed ‘intl June 30, 2004, FEMC v. Cadavid, PE. Cabe'# 2068053481 5 Jan 11 200? 13:55 Fax sent by : 9585218521 FL BOARD 41-11-87 14:47 Pg: 7/29 oe o. “31 In addition to'the Chen pool design, on or about June 7, 2003, thn sit and sealed a cettification létier to the Miami-Dade County Building Dena een of record fr the Chen pool project 32. Based'é ‘Oni the fregding, Resporident violated Section 471 ossthe Florida. Statutes, by practichig engineering on a delinquent license. | COUNTEIGHT JOA — NEGLIGENCE - STRUCTURAL ageesiqe een ttpeareel 33. Petitioner tealleges and incorporates paragraphs | through 4 as 4 aay set forth in this Count Eight. sesame pen nan 34, On of about May 9, 2003, Respondent submitted a pernfft application for Respondent identified Respondent as the engineer. 35. AS part of the appiition for the Jou pool pei, engineering plans signed and sdaled by Respondent, 36. Respondent failed to ttilize due care or have due regard for neering standards in the preparation of the oa pool structacal design in one or more of the follo ng ways: ‘a. The “sinictoral: design did not provide adequate reinfortin oft nin see fo at bl fe 37. Based’ on the foregoing, Respondent violated Section 471 33(1 tg), Florida" Statutes, by engiiging in vieglipenice in the practice of engineering. - “YOA- NEGLIGENCE - ELECTRICAL 38. Petidioner reallegés and incorpotates paragraphs 1 through 4, 34] and 35, as if fully : : es set forth int this Count Nine. i t i FEMC v. Cadavid, P.&., Case # 2SS481 6 Steel and/or. Jan 11 2007 13:55 Fax sent by : 9585218521 FL BOARD 41-11-87 14:48 Pg: 8/29 @ : @ 39. - Respoindelit failed to utilize due care or have due regard for-en. ieering ‘standards in the propenti@n atte Jed pool electrical design in one or more of the folk ways: a. The pool pimp size is not provided in the plans; : . | b. The electric plans de not have load computations of summaty as required by. Rule 61G1 5-33 003, Florida Administrative Code. 40. Based on the foregoing, Respondent violated’ Section ant 3(1\(g), Florida Statutes, by engaging in negligence in the practice of engineering, COUNT TEN JOA— LACK OF CERTIFICATE OF AUTHORIZATION | 41. Peto lege an icrprtes paris ough 4,435, as if fully set forth in this Coust Teh: outs 42. Respondent provided the engineering services for the Joa pool pt suant to @ contract between the owtier'aiid Sumy Dream Pools and Spas, inc. Pembina 43. Based on the foregoing, Respondent violated Sections 471,033( lo and 471.023, Certificate of Authorization. - CUNT ELEVEN Florida Statutes, by: priickiiieg engineering through a business otganization a snot have'a ; JOA DELINQUENT LICENSE al set forth in this Count Eleven: . : ; . 45, Respondent's Florida license to practice engineering went delingvenit on February - 1, 2003, andi was wo renewed until Yene 30, 2004, . Statutes, by pradtietine casinerng on a delinquent license. FEMC v. Cadavid, P.E.; Case'# 2000053481 7 Jan 11 2007 13:55 Fax sent by : 95852168521 FL BOARD 41-11-87 14:48 Pg: 9/29 | 6 S TWELVE GOMEZ —- NEGLIGENCE ; 47, Petitioner realleges and incorporates paragraphs one (1), two (2) five (5) and six (6) as if fully set forth i in this Count Twelve. 48. On of about February 6, 2002, Respondent submitted an splicaon for permit for a room addition to. an cKisting yenklence of a property owner Gomez. The appli tion, signed by. Respondent identified Respondent as the engineer. | 49, Respondent signed and sealed engineering plans forthe Gomez iti 50. Respondent failed to utilize due care or have duc regard for in the preparation of the Gomez addition design in one or more of the following ways: ° a. In the initial plans, ‘Respondent referred to the wrong ee section for the ct design staadatds, and consequently analyzed the proposed i using ‘the b: Respondent prepared a revised design for tie beams which ishiso inadequate to résist the wind load required by the appropriate code standards ¢. Respondent’s plans do not contain adequate specification fl Hardware to'hold down thé added roof: d. Respondent’s plans do not provide a structural connection bibveen the existing “poof anid the added roof, bo 51. Based on the foregoing Respondent violated Section 471,933(1)(g), Florida Statutes, by engagitig in negligence in the practice of engineering. ‘ COUNT THIRTEEN GOMEZ — LACK: OF CERTIFICATE OF AUTHORIZATIC FEMC v, Cadavid, P.E., Case # 2088033481 8 Jan 11 200? 13:57 Fax sent by : 95852168521 FL BOARD @1-11-@7 14:49 Pg: 18/29 ‘ E ‘ i \ 52, - Petitionet reafleges and incorporates paragraphs 1 2, 5,6, 48 anid. 49, as if fully set forth in this Couit Thirteen. i 53. Respondeint provided the engineering services for the Gomez adicin pursuant to a contract betwee the owner and Roherca General Contractors Corp.. 54. Based on the foregoing, Respondent violated Sections 471.033(4 a) and 471.023, Florida Statutes, by practicing engineering through a business organization that Certificate of Authorization. des not have a COUNT FOURTEEN PARRA — NEGLIGENCE : | 55. Petitioner ealleges and ecromies paar ove (1) Heo (4) a8 if E ui fully set forth in this Const Fourteen. 56. On'or: P about ‘February 28; 2005, Respondent submitted a seins to the sity of Pembroke Pines for cousttuction of a pool for a property owner named Para (incorrectly identified on: the. “initial-application as Torres). The permit application sen by Resporident identified Respondent ‘a8 the: engineer. 57. As ‘part ‘of the application for the Parra pool permit, Resfpadent submitted engineéring plans signed and’ sealed by Respondent. 58, Respondent failed to wtilize due care or have due regard for’ eering standards thickhéss of concrete to rétain the pressure from earth backfill di the pool wall; 59, Based’ on ‘the’ foregoing, Respondent violated Section 471.033(1)(g), Florida Stanites, by etigaging in Negligence in the practice of engineering. ge openers FEMC v. Caduvid, P.E., Case# 2000a3887 9 Jan 11 200? 13:57 Fax sent by : 9585218521 FL BOARD 41-11-87 14:49 Py: 11/29 i COUNT FIFTEEN PARRA - NEGLIGENCE - ELECTRICAL if tT 60. Petitioner realleges and incorpotates paragraphs! through 4, S67, aviffully set forth in this Count Fifteen. 61. Respoidesit failed to utilize due care or have due regard for.en in the preparation of the Parra pool electrical design in one or more of the follo : F @ Ways: a. The’ design is atibiguous a8 to how to provide a disconnect oe fused ‘switch for the motor; ql b. The electric plans do not have load computations or sumumdky as required by Rule 61G15-33:003, Florida Administrative Code. fi s 62 Based oui the foregoing, Respondent violated Section 471.033(1\@)} Florida Statutes, by engaging in negtigerite in thé practice of engineering. COUNT PARRA — LACK OF CERTIFICATE OF AUTHORIZATIO4 i : $ 63. Pétiionér realleges arid incorporates paragraphs] through 4, S6tind 57, as if fully: set forth in this Cotas Sixteen. & 64. Respondeat povided the engineering services forthe Para poulfprsunt to contract between the owner and Sunny Dreany Pools and Spas, Inc., and listed Pools and Spas, lnc: ‘as the contractor ‘on the permit application. Sunny Dream 65. ‘Based on the foregoing, Respondent violated Sections 471. esha and 471. 023, Florida Statutes, by: practicing ‘e@tigineering through a business organization thaildoes nothave a Certificate of Authorization. WHEREFORE, te ‘Pétitioner respectfully requests the Board of Prof yo sronal. Engineers to ‘enter an order imposing” ‘One or more of the following penalties: permaden tevocation or FEMC ¥. Cadavid, PLE: Ciel 2008033481 10 i: t : Jan 11 200? 13:58 5 -11- : : f Fax sent by : 9585218521 FL BOARD 41-11 G7 14:49 Py: 12/2 ‘ i suspension of thé Respondent's license, restriction of the Respoadent’s practiod i imposition of an administrative: fine, issuance’ ‘of a reptitnand, placement of the Respondent bn probation, the assessment of costs rehated to the investigation and prosecution of this ca other than costs associated with an attotney’s time, 'as provided for in Section 455 2273), Flori Statutes; ‘and/or any other relief that the. Board deems appropriate, y, SIGNED this 3 day of Paul J. Martin Executive Director! COUNSEL FOR FEMC: Bruce A, Campbell Prosecuting Attorney Florida Engineers ‘Management 2507 Callaway Road, Suite 200 Tallahassee, Florida 32303 Florida Bar No: 191163 BAC/ . PCP: May 18, 2006 PCP Metnbers: ‘Matthews, Burke, Seckinger FEMC v. Cadavid, PE; Cate 2002033481 alain NG TRE i?

Docket for Case No: 07-000164PL