Deputy Agency Clerk STATE OF FLORIDA CLERK —_Eveltie Lawson-Practor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI pete 9/12/2016 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2015-005421 RICHARD JOSEPH WALSH, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Construction Industry Licensing Board, Divisions I & 1, against Richard Joseph Walsh (“Respondent”) and alleges: 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. At all times material hereto, Respondent was licensed as a Certified General Contractor, Certified Roofing Contractor and Certified Air Conditioning Contractor in the State of Florida, having been issued license numbers CGC060727, CCC 1329144, and CAC1816301. 3. Respondent's address of record is 11440 SW 199" Street, Miami FL 33157. 4. At all times material hereto, Respondent was the primary qualifying agent of R J Walsh Construction, Inc. (“RJ Walsh”). 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 22, 2013, RJ Walsh entered into a written contract with Nicholas S. Jarkesy (“Homeowner”) to build an addition to Homeowner's residence located in Oakland Park, Florida. 7. ‘The contract price was $147,000.00, of which Respondent was paid $146,890.00. 8. Respondent removed the old roof of the home before the replacement trusses were delivered, and as a result, storm rain damaged the internal walls. 9. Respondent charged Complainant an extra $10,000 to replace the damaged walls. 10. Respondent ceased work and failed to perform work under the contract for a period greater than 90 consecutive days without just cause. 1t. At the time Respondent ceased work under the contract, the percentage of completion was less than the percentage of the contract price paid to Respondent by Complainant. 12. Respondent was not entitled under the contract to retain the excess funds paid by Complainant, and to date has not refunded the excess funds. 13. The project was completed by the Complainant as an Owner-contractor. 14. Respondent failed to pay subcontractors for work of supplies ordered by Respondent for Complainant’s project. 15. In order to finish the project, Complainant had to pay $47,875.36 to subcontractors in addition to the $146,890.00 already paid to Respondent. COUNT ONE 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 17. Based upon the foregoing, Respondent violated section 489.129(1)(), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. COUNT TWO 18. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 19. Based upon the foregoing, Respondent violated section 489.129(1)(g)2., Florida Statutes, by abandoning a customer’s job when the percentage of completion was less than the percentage of the total contract price paid to the contractor. COUNT THREE 20. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 21. Based upon the foregoing, Respondent violated section 489.129(1)(g)3., Florida Statutes, by causing the customer, whose job was completed, to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer. 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, evoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to a consumer, impose an administrative fine not to exceed $10,000 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 chaptets 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this 23“ day of August, 2016. Probable Cause Found 08/23/2016 Division TI: Lenois/Moody Division I: Sheehan/Chung KEN LAWSON, Secretary Department of Business and Professional Regulation By: /s/ SORIN ARDELEAN Assistant General Counsel Dept. of Business and Professional Regulation 1940 North Monroe Street, Suite 42 Tallahassee, Florida 32399-2202 (850)717-1226 Telephone (850)921-9186 Facsimile Sorin. Ardelean@myfloridalicense.com Florida Bar No: 734853 NOT! FRIGHT: Please be advised that mediation under section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. Please be further advised that Respondent has the right to request a hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes, 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 het 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 21 days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. Any request for an administrative proceeding to challenge or contest the charges contained in the Administrative Complaint must conform to rule 28-106.2015, Ponda Administrative Code. NOTICE REGARDING ASSESSMENT OF COSTS 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 Respondent in addition to any other discipline imposed.

Docket for Case No: 17-000268PL