eed O¥- D301 PL STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ... CONSTRUCTION INDUSTRY LICENSING BOARD _ = = aa DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case Nos. 2006-040535 . 2006-057783 vs. 2006-057837 : 2006-058294 STEPHEN R. CORREIA, 2006-059164 2006-061623 Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board; against STEPHEN R. CORREIA, ("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 C003789. 3. Respondent's address of record is 10904 Benttree Place, Tampa, Florida 33618- 4116, ) ; 4. At all times material hereto, Respondent was licensed as the qualifying agent for Greystone Construction Corp. (hereinafter referred to as “Contractor"), a Florida corporation. The Contractor was issued qualified business organization certificate of authority number QB22864, 5. 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 the organization in general and for each specific job. 6. On or about October 4, 2006 the Contractor filed a voluntary Chapter 11 bankruptcy petition in the United States Bankruptcy Court for the Middle District of Florida, Case No. 8:06-bk-05385-PMG. . 7. This is an action or proceeding by a governmental unit to enforce the governmental unit’s police and regulatory power and is exempted by 11 U.S.C. §362(b)(4) from the bankruptcy automatic stay in 11 U.S.C. §362(a). Case No. 2006-040535 8. On or about March 10, 2006, the Contractor entered into a written contract with Gilberto Ramos (hereinafter referred to as. “Ramos’) to re-roof Ramos’s residence located at 10180 S.W. 3rd Street, Plantation, Florida, and to install double doors, repair the chimney, ~ remove and dispose of a solar panel, dispose of the pool cage, repair stucco and paint fascia. 9. The contract price was Twenty Five Thousand One Hundred Forty Nine dollars and Twenty Six cents ($25,149.26). 10. On or about April 11, 2006, Ramos paid the Contractor Eight Thousand Three *y aL ) } f i Hundred Eighty Three dollars and Nine cents (98,3 83.09) toward the contract price. 11. The Contractor applied to the City of Plantation building department for a building permit for the re-roofing work. The application was approved and on or about April 27, 2006 building permit number B06-04281 was issued. 12. The Contractor removed the existing roof and installed a layer of new roofing material on Ramos’s roof, but the Contractor did not deliver or install roof shingles, and the Contractor did not complete the re-roof work or commence any of the other work called for by the contract. On or about May 15, 2006 the Contractor’s work passed the building department’s “tin cap” inspection. Thereafter, and without just cause, the Contractor failed to perform further work, thereby abandoning the project. COUNT I 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count I. 14. _ Based upon the foregoing, the Respondent violated Section 489.129(1)G), Florida Statutes (2005), 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. Case No. 2006-057783 15. On or about April 6, 2006 the Contractor entered into a written contract with Ralph Oko (hereinafter referred to as “Oko”) to re-roof Oko’s residence located at 10205 N.W. 6th Street, Plantation, Florida. 16, The contract price was Thirty One Thousand Eighteen dollars and Eleven cents ($31,018.11). 17. On or about April 27, 2006 and May 18, 2006, Oko made payments to the Contractor toward the contract price totaling Twenty Two Thousand Nine Hundred Fifty One dollars and Forty Eight cents ($22,951.48), 18. The Contractor applied to the City of Plantation building department for a building . ‘permit for the project. The application was approved, and on or about April 27, 2006, building permit number B06-04280 was issued. 19. The Contractor did not complete the project, After approximately April 2006, and without just cause, the Contractor failed to perform work, thereby abandoning the project. COUNT 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one . _ through seven and fifteen through nineteen as though fully set forth in this Count IL. 21. Based upon the foregoing, the Respondent violated Section 489. 129(1)@), Florida Statutes (2005), 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. ' Case No. 2006-057837 22. On or about March 1, 2006 the Contractor entered into a written contract with David LaRoche (hereinafter referred to as “LaRoche”) to re-roof LaRoche’s residence located at 11340 N.W. 35th Place, Sunrise, Florida. 4 23. The contract price was Five Thousand Eight Hundred dollars ($5,800.00). 24. On or about February 28, 2006 and April 4, 2006, LaRoche made payments to the Contractor toward the contract price totaling Three Thousand Eight Hundred dollars. ($3,800.00). 25. Onor about March 27, 2006 the Contractor applied to the City of Sunrise building department for a building permit for the project. The application was. approved, and on or about May 22, 2006, building permit number 06-4161 was issued. 26. The Contractor commenced but did not complete the project. After approximately July 2006, and without just cause, the Contractor failed to perform work, thereby abandoning the project. COUNT HY 27. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seven and twenty two through twenty six as though fally set forth in this Count I. 28. Based upon the foregoing, the Respondent violated Section 439. 129(1)G), Florida Statutes (2005), 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, inchiding the reason for termination, or fails to perform work without just cause for 90 consecutive days. Case No. 2006-058294 29. On or about April 21, 2006, the Contractor entered into a written contiact with Carlos Quevedo (hereinafter referred to as “Quevedo”) to re-roof Quevedo’s residence located at 11330 N.W. 35th Place, Sunrise, Florida, and to perform repairs to the interior of the residence. 30. The contract price was Sixteen Thousand Five Hundred Ninety dollars ($16,590.00). 31. Omor about May 1, 2006, June 6, 2006 and June 13, 2006, Quevedo made payments to the Contractor toward the contract price totaling Eleven Thousand Four Hundred Eighty Nine dollars and Sixty Six cents ($11,489.66). 32. On or about May 18, 2006 the Contractor applied to the City of Sunrise building department for a building permit for the re-roofing work. The application was approved and building permit number 06-6727 was issued. 3 The Contractor removed the existing roof and installed a layer of new roofing material on Quevedo’s roof, but the Contractor did not deliver or install roof shingles, and the Contractor did not complete the re-roof work or commence any of the interior repair work called for by the contract. After approximately June 2006, and without just cause, the Contractor failed to perform further work, thereby abandoning the project. - COUNT IV 4 34. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seven and twenty nine through thirty three as though fully set forth in this Count IV, 35 - Based upon the foregoing, the Respondent violated Section 489. 129(1)@), Florida Statutes (2005), 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. Case No. 2006-059164 36. At all times material hereto, National Roofing of South Florida, Inc. (‘National’) } “was a Florida corporation with qualified business organization certificate of authority number QB0015674 and with Louis Thomas Crispino, holder of certified roofing contractor license number CC C056894, as its qualifying agent. 37. On or about November 8, 2005 National entered into a written contract with Mark Dreyer (hereinafter referred to as “Dreyer”} to re-roof Dreyer’s residence and guest house located at 12250 N.W. 12th Street, Plantation, Florida. 38. The contract price was Fifty Seven Thousand Forty dollars ($57,040.00). 39. Onor about February 16, 2006 National, Dreyer, and the Contractor agreed to assign the contract to the Contractor. 40. During the period from approximately February to August 2006 Dreyer made payments toward the contract price totaling approximately Fifty Thousand Five Hundred dollars ($50, 500.00). 41. The Contractor applied to the City of Plantation building department for a building permit for the project. The application was approved and on or about April 7, 2006 building permit number B06-03501 was issued. 42. The Contractor commenced but did not complete the project. After approximately August 2006, and without just cause, the Contractor failed to perform work, thereby abandoning the project. COUNT V 43. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seven and thirty two through thirty eight as though fally set forth in this Count V. 44. Based upon the foregoing, the Respondent violated Section 489.129(1)(), Florida ) } ’ i Statutes (2005), 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. . Case No. 2006-061623 45. On or about January 14, 2006 the Contractor entered into a written contract with John Millonig (hereinafter referred to as “Millonig”) to re-roof Millonig’s residence located at 6912 N.W. 7th Court, Margate, Florida. 46. The contract price was Seven Thousand Nine Hundred Fifty dollars and Ninety Six cents ($7,950.96). 47. From about January 14, 2006 to August 2, 2006 Millonig made payments to the Contractor totaling the full contract price. 48. Onor about February 23, 2006 the Contractor applied to the City of Margate building department for a building permit for the project. The application was approved and on or ~ about April 11, 2006 building permit number 06-1146 was issued. 49. The Contractor performed or attempted to perform the work called for by the contract. On or about July 25, 2006 the City of Margate building department issued a passing final inspection of the Contractor’s work. 50. The contract ineluded a five-year warranty. 51. On or about September 11, 2006 Millonig notified the Contractor in writing that the roof was leaking, but the Contractor failed to inspect, perform repairs, or otherwise respond. COUNT VI 52. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seven and forty one through forty seven as though fully set forth in this Count VI. 53. Rule 61G4-17.001(1)(m)1., Florida Administrative Code, states: Misconduct or incompetency in the practice of contracting, shall include, but is not limited to...[flailure to honor a warranty. 54. Based upon the foregoing, the Respondent violated Section 489. 129(1)(m), Florida Statutes (2005), by committing incompetency or misconduct in the practice of contracting, by failing to honor a warranty. 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 28%.,, of Asaph , 2007. PC Found: August 28, 2007 THEODORE R. GAY D Div. I: Pietanza & Holloway ASSISTANT GENERAL €OUNSEL sessional pegustion 4 Pro! artment of Bus! SON CLERK pep ' a ; f F COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel Department of Business and Professional Regulation 8240 NW 52nd Terrace, #304 Miami, FL 33166-7847 (305) 470-6783 Ext. 2225 TRG/ Case #2006-040535, 2006-057783, 2006-057837, 2006-058294, 2006-059164, 2006-061623 10

Docket for Case No: 08-003301PL