Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: PHIL PERRY
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: Fort Pierce, Florida
Filed: May 21, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 18, 2007.
Latest Update: Jan. 11, 2025
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) I
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
DIVISION I
DEPARTMENT OF BUSINESS AND «~
PROFESSIONAL REGULATION,
Petitioner, —
. vs. ) Case No. 2005-053749
PHIL PERRY,
Respondent, .
/
ADMINISTRATIVE COMPLAINT
Petitioner, “DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, ("Petitioner"), files this Administrative Complaint before the
Construction Industry Licensing Board, against PHIL PERRY, ("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 Licensed
Certified General Contractor, in the State of Florida, having been issued license number
CGC 000637, which is currently active.
3. Respondent's last known mailing addresses are 1562 Village Green Drive,
Suite #5, Port St. Lucie, Florida 34952, 9595 North Kendall Drive, Suite 205, South
Florida, Florida 33027, and P.O. Box 3178, Stuart, Florida, 34995,
4, At all times material hereto, Respondent was licensed as an individual,
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) }
5. At all times material hereto, Respondent was not licensed as a qualifying
agent for Construction Services of Florida USA, Inc. .
6. At all times material hereto, Respondent was acting ag an officer/director
and registered agent of Construction Services of Florida USA, Inc.
7. tall times material hereto, Construction Services of Flotida USA, Inc., .
was not registered as a qualified business.
8. 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 organization in general and for each specific job.
9. On or about December 27°, 2004, Respondent, doing business as
Construction Services of Florida USA, Inc., entered into a-written contractual agreement
with Monroe Van Valkenburgh to repair storm damage to the Florida room, shed and
catport of Mr. Van Valkenburgh’s residence located at 1701 Golden Ponds Drive, Fort
Pierce, Florida.
10, . The-contract did not include notification of the Florida Homeowner’s —
Construction Recovery Fund.
11. — The contract price was $14,900.00.
12. On of about April 1°, 2005, Mr. Van Valkenburgh paid the Respondent
$7,500, or approximately fifty percent (50%) of the contract price.
| 13. At all times material hereto, Respondent did not obtain a permit for the
project.
14, On or about April 4,'2005, Respondent commenced work on the carport.
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15. On or about July 1, 2005, Respondent abandoned the original contract
with Mr. Van Valkenburgh by informing Mr. Van Valkenburgh that he needed more
money and that a new contract would have to be written.
16. Respondent failed to perform any more work on the project.
17, On or about August 30, 2005, Mr. Van Valkenburgh terminated
Respondent from the project.
18, At all times material hereto, Respondent failed to refund any money to Mr.
Van Valkenburgh.
19. On or about September 19, 2005, Mr. Van Valkenburgh, hired Robert
Stein, a Certified General Contractor doing business as Stein & Co. Aluminum, Inc., to
complete the project as originally contracted with Respondent, for $16,743.00.
20. Based on the cost of completion by Stein & C, Aluminum, Inc., which,
exceeds the original contract price with Respondent, Respondent failed to satisfactorily
complete any of the project despite being paid fifty percent (50%) of the contract price.
21. At the time of Respondent’s abandonment, the percentage of completion
exceeded the percentage of the contractual work done by Respondent. .
22, As aresult of Respondent’s abandonment, Mr. Van Valkenburgh has
sustained financial harm amounting to at least $7,500.00,
COUNT I
23. Petitioner re-alleges and incorporates the allegations set forth in
patagraphs one through twenty-two as fully set forth herein,
24. Section 489.119(2), Florida Statutes, provides in part that if an applicant
proposes to engage in contracting as business organization, inchiding any partnership,
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corporation, business trust, or other legal entity, or in any name other than the applicant's
legal name, the business organization must apply for a certificate of authority through a
qualifying agent and under the ficticious name, if any. |
25. 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 this
part or violating a rule or lawful order of the board.
COUNT TI
26, Petitioner re-alleges and incorporates the allegations set forth in
" paragraphs one through twenty-two as fully set forth herein.
27, ‘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 Florida
Homeowner’s Construction Recovery Fund, except where the value of all labor and
materials does not exceed $2500.00. |
, 28. 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 violation a tule of lawful order of the board, by
having violated Section 489,1425(1), Florida Statutes.
co I
29. Petitioner re-alleges and incorporates the allegations set forth in
paragraphs one through twenty-two as fully set forth herein.
30, Based on the foregoing, Respondent violated Section 489.129(1)(f),
Florida Statutes, by acting in the capacity of a contractor under any certificate or
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registration issued hereunder except in the name of a certificate holder or registrant as set
forth on the issued certificate or registration, or in accordance with the personnel of the
certificate holder or registrant as set forth in the application for the certificate or
registration, or as later changed as provided in this part.
OUNT IV
31. Petitioner re-alleges and incorporates the allegations set forth in
' paragraphs one through twenty-two as fully set forth herein.
32, Based on the foregoing, Respondent violated Section 129.(1)q), Florida
Statutes; 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
33. Petitioner re-alleges and incorporates the allegations set forth in
paragraphs one through twenty-two as fully set forth herein,
34, Based on the foregoing, Respondent violated Section 489.129(1\(0),
Florida Statutes, by proceeding on any job without first obtaining applicable local
building permits and inspections.
COUNT VI
35. Petitioner re-alleges and incorporates the allegations set forth in
paragraphs one through twenty-two as fully set forth herein.
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36. According to Section 489.129(1)(g)(2), Florida Statutes, financial
mismanagement occurs when a contractor has abandoned a customat’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 .
37. Based on the foregoing, Respondent has violated Section
489,129(1)(¢)(2), Florida Statutes, by committing mismanagement or misconduct in the
practice of contracting that causes financial harm to a consumer.
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 453.227(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.
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r oo,
Signed this and day of M an elh , 2006.
Department of Business and
Professional Regulation _
1940 North Monroe Street
Northwood Centre
Tallahassee, FL 32399-2202
(850) 488-0062
JWE/IT
Case # 2005-053749 FILED
Pe Found: 2 |as lo to Department of Business and Profassional Regulation
AGENCY: CLERK
Biv Ds Thornton * Cox
CLERK Sig oy A Wau
DATE
Docket for Case No: 07-002271PL
Issue Date |
Proceedings |
Jul. 18, 2007 |
Order Closing File. CASE CLOSED.
|
Jul. 05, 2007 |
Petitioner`s Motion to Cancel Hearing and Relinquish Jurisdiction filed.
|
Jun. 18, 2007 |
Petitioner`s First Request for Admissions to Respondent filed.
|
May 30, 2007 |
Order of Pre-hearing Instructions.
|
May 30, 2007 |
Notice of Hearing (hearing set for July 25, 2007; 9:30 a.m.; Fort Pierce, FL).
|
May 25, 2007 |
Petitioner`s Unilateral Response to Initial Order.
|
May 22, 2007 |
Initial Order.
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May 21, 2007 |
Letter to B. Higgins from D. Perera regarding non-representation of the Respondent filed.
|
May 21, 2007 |
Answer and Affirmative Defenses filed.
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May 21, 2007 |
Administrative Complaint filed.
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May 21, 2007 |
Agency referral filed.
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