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STATE OF FLOlUDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA'l'ION
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
Petitioner,
DBPR Case No. 2010-033738
CHRISTOPHER JOHN JONES,
Respondent. /
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL
RE:GULATION, (''Petitioner"), files this Administrative Complaint before Division I of the Construction Industry Licensing Board, against CHRISTOPHER JOHN JONES, ("Respondent"), and says:
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, At all times material to this Complaint, Respondent was licensed to practice as a Certified Building Contractor, within the state of Florida, pursuant to Chapters 455 and 489, having been issued license number CBC 1252335 which is currently in probation, active" status.
Respondent's address of record with the Department is 8340 Pinecone Drive, Lakeland, Florida 33809.
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Respondent was the primary qualifying agent for I and was doing business as, OJC Construction Inc., from November 3, 2004, until November 29, 2010.
Respondent began qualifying Construction 'I'radi tion Group Inc., with the Department, on November 29, 2010.
Respondent is currently the primary qualifying agent for construction Tradition Group Inc.
Section 489.1195(1)(a), Florida statutes, provides
that all primary qualifying agents for a business org·anization 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.
In or around September 2009, Cathy Lerner, ("Complainant"), contracted with Respondent to renovate and add an addition to her residence located at 4315 Inverness Court, Lakeland, Florida 33813 ("Project").
The first contract Complainant entered into with Respondent for the Project was under the business name Paradise General Contracting Inc., ("Paradise Contract•).
The Paradise Contract Designer/Builder on the Project.
listed Respondent as the
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Respondent is not registered with Petitioner as the primary qualifying agent, or any other type of qualifying agent, for Paradise General Contracting Inc,
The Paradise Contract failed to contain a notice of the Florida Homeowners' Construction Recovery Fund.
'I'he Paradise Contr':'-ct failed to contain Respondent's license number.
The Paradise Contract had a contract price of approximately $47,788.00,
Shortly thereafter, in or around October 2009, Complainant entered into a second contract with Respondent, for the Project, which became the controlling contract for the Project.
The second contract Complainant entered into with Respondent was under the business name Construction Tradition Group Inc., ("Construction Tradition Contract").
The Construction Tradition Contract listed Respondent as the Designer/Builder on the Project,
Respondent failed to register Construction Tradition Group with Petitioner before Respondent engaged in business as Construction Tradition Group.
19, The Construction Tradition Contract had a contract price of $51,656.00,
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20, The Construction Tradition Contract failed to contain a notice of the Florida Homeowners' Construction Recovery Fund.
The Construction Tradition Contract failed to contain Respondent's license number,
Over the course of construction, Complainant made payments totaling $19,614.00 to Paradise General Contracting for the Project,
ov·er the course of construction, Complainant made payments totaling $42,599.00 to Construction Tradition Group Inc., for the Project.
Complainant paid a total amount of $62,413.00 for the Project or approximately one hundred and twenty-five percent (125%) of the construction Tradition Contract price.
25, Complainant never agreed to any change orders or contract modifications after work commenced on the Project.
Work commenced on the Project in or around December 2009.
In or around December 2009, a permit was pulled for the Project by both Paradise General Contracting Inc., and OJC Construction Inc.
At the time the permit, (permit no, 10209-3-1), was
pulled for the Project by OJC Construction Inc., Respondent was the primary qualifying agent for OJC Construction Inc.
The Project p ssed two initial inspections.
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The Project passed its Lintel/Column/Tie-Beam inspection on December 16, 2009.
31, The Project passed it$ Foundation/Footer inspection on December 7, 2009.
The Project did not pass its b'raming inspection on June 3, 2010.
The Project did not pass its Sheathing-Exterior inspection on June 4, 2010.
The Project has not received a passing final inspection from the local building department.
During the course of construction, Respondent and/or Re1apo11dent' s work crew performed roofing work on Complainant's residence that only a licensed roofing contractor is allowed to perform.
36, Section 489.113(g), Florida Statutes, provides that no general, building, or residential contractor certified after 1973 shall act as, hold himself or herself out to be, or advertise himself or herself to be a roofing contractor unless he or 1ahe is certified or registered as a roofing contractor.
Respondent is not certified or registered as a roofing contractor with Petitioner.
Neither Respondent nor Respondent's crew could perform
roofing work on Complainant'$ residence without a licensed roofer pulling the permit and supervising the work.
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A licensed roofing contractor did not pull a roofing permit for the roofing work i:;tarted at Complainant's residence.
A licensed roofing contractor did not supervise or perform any of the roofing work at Complainant's residence.
The roofing work completed on the Project was substandard and resulted in significant damage to Complainant's residence and property which included water damage to the interior walls and floors of Complainant's residence. The water damage also included damage to Complainant's personal furniture.
42, Work ceased on the Project in or around July 2010, and Respondent did not provide just cause as to why work ceased on the Project.
At the time work ceased on the Project the percentage completed was less than the amount paid by Complainant to Respondent.
To date, Respondent failed to return any money to Complainant which Respondent received above the amount completed on the contract.
COUNT ONE
45, Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through forty-four
(44) as though fully set forth herein.
Section 489.129(1)(i), Florida Statutes, provides disciplinary action for failing in any material respect to
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comply with the provisions of Chapte.- 489, Florida statutes or violating a rule or lawful order of the board.
Section 489.119(2), Florida Statutes, requires that if the applicant proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other leg·al entity, or in any name other than the applicant's legal name or a fictitious name where the applicant is doing business as a sole proprietorship, the applicant must apply for registration or certification as the qualifying agent of the business organization.
Based upon the facts set forth above, Respondant violated Section 489.119(2), Florida Statues, by engaging in contracting activities as Paradise General Contracting Inc., without properly registering himself with the Department as a qualifying agent for Paradise General Contracting Inc.
Based on the foregoing, Respondent violated Section
489.129 (11 (i), Florida statutes, by failing to comply with Section 489.119(2), Florida Statutes.
COUNT TWO
Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through forty-four (441 as though fully set forth herein.
Section 489.129(1)(il, Florida Statutes, provides
disciplinary action for failing in any material respect to
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comply with the provisions of Chapter 489, F'lorida Statutes or violating a rule or lawful order of the board.
Section 489.119(5) (b), F'lorida Statutes, requires that the registration or certification nUlliber of each contractor shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor business organization in the practice of contracting.
Based upon the facts set forth above, Respondent violated Section 489.119(5)(b)1 Florida Statues, by failing to have Respondent's license number on the Paradise Contract.
Based on the foregoing, Respondent violated Section 489.129(1) (i)1 Florida Statutes, by failing to comply with Section 489 .119(5)(b), 1norida Statutes.
COUNT THREE
Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through forty-four
(44) as though fully set forth herein.
Section 489.129(1) (i), Florida Statutes, provides disciplinary action for failing in any material respect to comply with the provisions of Chapter 4891 Florida Statutes or violating a rule or lawful order of the board.
Section 489.1425, Florida statutes, states that any agreement or contract for repair, restoration, improvement, or
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construction ta residential real property must contain a written statement explaining the consumer's rights under the r.;acovery fund, except where the value of all labor and materials does not exceed $2,500.
violated
Based upon the facts set Section 489.1425, Florida
forth above, Respondent Statues, by failing to
provide adequate notice of the Construction Industry Recovery F'und on the Paradise Contract.
Based on the foregoing, Respondent violated Section 489.129(1) (i), Florida Statutes, by failing to comply with Section 489.1425, Florida Statutes.
COUNT FOUR
Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through forty-four
(44) as though fully set forth herein.
Section 489.129 (1) (i), Florida Statutes, provides disciplinary action for failing in any material respect to comply with the provisions of Chapter 489, Florida Statutes or violating a rule or lawful order of the board.
Section 489.119(2) 1 Florida Statutes, requires that if the applicant proposes to engage in contracting as a business organization, including· any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant's legal name or a fictitious name where the applicant
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is doing business as a sole proprietorship, the applicant must apply for registration or certification as the qualifying agent of the business organization.
Based upon the facts set forth above, Respondent violated section 489.119(2), Florida Statues, by engaging in contracting activities as Construction Tradition Group Inc., without properly registering Construction Tradition Group Inc., with the Department.
Based on the foregoing, Respondent violated section 489.129(1) (i), Florida Statutes, by failing to comply with section 489.119(2), Florida Statutes.
COUNT FIVE
Petitioner realleges and incorporates by reference the
allegations set forth in paragraphs one (1)
(44) as though fully set forth herein.
Section 489.129(11 (ii, F'lorida
through forty-four
statutes, provides
disciplinary action for failing in any material respect to comply with the provisions of Chapter 489, Florida Statutes or violating a rule or lawful order of the board.
Section 489.119(5)(b), Florida Statutes, requires that the registration or certification number of. each contractor shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by
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board rule, used by that contractor business organization in the practice of contracting.
Based upon the facts set forth above, Respondent violated Section 489. 119 ( 5) (b), Florida Statues, by failing to have Respondent's license number on the Construction Tradition Contract.
Based on the foregoing, Respondent violated Section
489.129 (1) (i), Florida Statutes, by failing to comply with Section 489.119(5) (b), Florida Statutes.
COUN'I' SIX
Petitioner realleges and incorporates by reference the allegations set torth in paragraphs one ( 1) through forty-four
(44) as though tully set forth herein.
Section 489.129 (1) (i), Florida Statutes, provides disciplinary action for failing in any material respect to comply with the provisions of Chapter 489, Florida Statutes or violating a rule or lawful or'der of the board.
Section 489.1425, 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 recover y fund, except where the value of all labor and materials does not exceed $2,500.
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Based upon the facts set forth above, Respondent violated Section 489.1425, Florida Statues, by failing to provide adequate notice of the Construction Industry Recovery Fund on the Construction Tradition Contract.
Based on the foregoing, Respondent violated section 489.129(1)(i), Florida Statutes, by failing to comply with Section 489.1425, Florida Statutes.
COUNT SEVEN
Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through forty-four
(44) as though fully set forth herein.
Section 489.129(1)(g)2, Florida Statutes, provides for discipline against a licensee if the contractor has abandoned the customer'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.
Respondent violated Section 489.129(1) (g)2, Florida Statutes, by accepting approximately $62,413.00 from Complainant and failing to complete the Project.
Based on the foregoing, Respondent violated Section 489.129(1)(g)2, Florida Statutes, by accepting approximately
$62,413.00, abandoning Complainant's Project, and thereafter failing to return any money to Complainant for the Project.
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COUNT EIGH'.l'
Petitioner realleges and incorporates th.;. allegations set forth in paragraphs one (1) through forty-four (44) as though fully set forth herein.
Section 489.129 ( 1) (j), Florida Statutes, provides for discipline against a licensee for abandoning a construction Project in which the contractor is engaged or under contract as a contractor.
Statutes,
Respondent violated section by failing· to perform work
489.129(l)(j), Florida on the Complainant's
Project for a period greater than 90 days without just cause.
Based on the foregoing, Respondent violated section 48 9 . 129 (1 ) ( j ) 1 Florida statutes, by abandoning a construction Project in which the contractor is engaged or under contract as
a contractor.
COUNT NINE
Petitioner realleg·es and incorporates the allegations set forth in paragraphs one (1) through forty-four (44) as though fully set forth herein,
Section 489.129 (1) (n), Florida Statutes, provides for discipline against a licensee for committing gross negligence, r@peat@d n@glig@nce, or n@glig@nc@ resulting in a significant
danger to life or property.
Respondent violated section 489.129(1) (n),
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Florida
Statutes, by performing substandard roofing work th<'t resulted in damage to the interior of Compl<'inant' s residence and to Complainant's furniture.
Based on the foregoing, Respondent violated section
489.129 (1) (n)1 Florida Statutes, by committing gross negligence, repeated negligenc;:e, or negligence resulting in a significant danger to life or property.
COUNT TEN
Petitioner res1llegee o111d incorporates the allegations set forth in paragraphs one (l) through forty-four (44) as though fully set forth herein.
86, Section 489.129 (l) (o), Florida Statutes, provide:;; for discipline against a licensee for proceeding on any job without obtaining applicable local building department permits and inspections.
Based on the facts set forth above, Respondent violated Section 489,129(1) (o), Florida Statutes, by allowing the Project to fail twoinitial inspections and not obtaining a final inspection on the Project.
Based on the foreg·oing·, Re:,;pondent violated section 489,129 (1) lo) 1 Florida Statutes, by failing to obtain applicable local building department preliminary inspections and a passing final inspection.
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COUNT ELEVEN
89, Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (l) through forty-four (441 as though fully set forth herein.
Section 489.129 (1) (m) 1 Florida Statutes, provides for discipline against a licensee for committing incompetency or misconduct in the practice of contracting,
Respondent violated Section 489.129(1)(m),
Statues, in one or more of the following ways:
Florida
By violating various provisions of Section 489.129(1) (i), Florida Statutes.
By abandoning a construction Project in violation of Section 48 9 . 129 (1 ) ( j ) 1 Florida Statutes.
C) By committing financial mismanagement or misconduct in the practice of contracting in violation of Section 489.129(1) (g)2, F'lorida statutes.
By committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property.
By failing to obtain proper inspections on a
construction Project in violation of Section 489.129 (1) (o), Florida Statutes.
Based on the foregoing, Respondent violated Section
489. 129 ( l) (m) 1 Florida statutes, by failing to comply with
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section(s) 489.129(1) (i) I 489.129(1) (j) / 489.129(1) (g)2,
489,129(1)(n), and 489,129(1) (o), Florida statutes.
WHERE:li'ORE, Petitioner respiactfully riaquiast1a the Construction Industry Licen1aing Board enter an Order imposing one or more of the following penalties: place on probation, reprimand the licen1a ee1 revoke, suspend, deny thia is1auance or renewal of the certificate or registration, require financial restit11tion to a consumer, impo1ae an administrative fine not to exceed $10,000 per violation, require continuing education,
assess costs associated with investigation and prosec11tion1 impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board is a11thorized to impose pursuant to Chapters 489, 455, b'lorida stat11tes1 <1nd/or the r11les promulgated thereunder.
Signed this 25 th day of January, 2011.
CHARLIE LIEM, Secretary Department of Business and
Professional Reg11lation
Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42
Tallahassee, FL 32399-2202
(850)488-0062 Telephone
(850)921-9186 Facsimile
PC Found 01/25/2011 Wilford/Kalmanson
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NOTICE Ob' RIGHTS
Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57,
to be represented by counsel or other
qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged.
NOTICE REGARDING ASSESSMENT OF' cos·:rs
Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 455.227(3)(a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed.
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| Issue Date | Proceedings |
|---|---|
| Apr. 20, 2011 | Order Relinquishing Jurisdiction and Closing File. CASE CLOSED. |
| Apr. 18, 2011 | Motion to Relinquish Jurisdiction filed. |
| Apr. 15, 2011 | Order of Pre-hearing Instructions. |
| Apr. 15, 2011 | Notice of Hearing by Video Teleconference (hearing set for July 5 and 6, 2011; 9:00 a.m.; Lakeland and Tallahassee, FL). |
| Apr. 13, 2011 | Response to Initial Order filed. |
| Apr. 13, 2011 | Petitioner's Unilateral Response to Initial Order filed. |
| Apr. 06, 2011 | Initial Order. |
| Apr. 06, 2011 | Election of Rights filed. |
| Apr. 06, 2011 | Administrative Complaint filed. |
| Apr. 06, 2011 | Agency referral filed. |
