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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs PHIL PERRY, 07-002271PL (2007)

Court: Division of Administrative Hearings, Florida Number: 07-002271PL Visitors: 14
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
May 21 200? 14:33 go/21/20ea7 14:28 8589219186 DEPR : PAGE 3/13 ) 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, May 21 200? 14:33 5/21/2687 14:28 8589219186 DEPR PAGE ) } 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. a4/13 May 21 200? 14:33 5/21/2687 14:28 8589219186 DEPR PAGE ) ‘ } 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, @5/13 May 21 200? 14:33 go/21/20ea7 14:28 8589219186 DEPR PAGE 46/13 \ , ; 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 May 21 200? 14:34 AGE 87/13 5/21/2687 14:28 8589219186 DEPR Pi ) } 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. May 21 200? 14:34 go/21/20ea7 14:28 8589219186 DEPR PAGE 8/13 ) } 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. May 21 200? 14:34 go/21/20ea7 14:28 8589219186 DEPR PAGE 89/13 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
Source:  Florida - Division of Administrative Hearings

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