12th Avenue, Miami, Florida.
For Respondent: Respondent appeared in his own behalf.
Petitioner, Florida construction Industry Licensing Board (hereafter FCILB) seeks to revoke the building contractors license of Respondent, John N. Lambert (hereafter Lambert), on the ground that Lambert willfully or deliberately disregarded and violated applicable building codes of Metropolitan Dade County in violation of Section 468.112(2)(a), Florida Statutes. Initially, Lambert was also charged with abandonment of a construction project in violation of Section 468.112(2)(h), Florida Statutes. However, at the hearing, FCILB abandoned the charge.
Lambert is the holder of an inactive building contractors license number CBC009927 which legally qualified Lambert to act for Allstate Homecrafts, Inc., a corporation located in Miami, Florida, engaging in contracting work. Lambert was employed by the corporation but was not an officer or shareholder.
On June 10, 1976, Lambert initiated a building permit application for work proposed to be done on the home of Mr. Nelson Tower. Mr. Tower had entered into a contract with Allstate Homecrafts, Inc., on June 4, 1976. The contract reflects that Mr. Neal Phillips acted as a corporate representative and not Lambert. The building permit was issued on August 11, 1976.
On July 24, 1976, Allstate Homecrafts, Inc., contracted with a Mr. William Millman, and once again the contract reflects that Neal Phillips was the corporate representative and not Lambert. On September 13, 1976, and again on September 30, 1976, Lambert made application for a building permit with she City of Coral Gables, Florida, for the Millman job.
Work was commenced on both projects. Work was still in progress on October 26, 1976, when Lambert wrote a letter to FCILB requesting that his qualification as contractor for Allstate Homecrafts, Inc., cease immediately. The reasoning given by Lambert, without further explanation, was that he could "in good conscience no longer comply" with Florida law regarding licensing of construction industry. Lambert further requested in the letter that he be requalified as an individual licensee. On the same date, Lambert terminated his employment with Allstate Homecrafts, Inc.
The Tower project continued on until January, 1977, when it was abandoned by Allstate Homecrafts, Inc. The contract price was $30,000.00 and over $25,000.00 in draws were made. Five thousand dollars ($5,000.00) was drawn on November 2, 1977 $5,000.00 wad drawn on November 24, 1976, and $5,000.00 was drawn on December 16, 1976. These occurred after Lambert terminated his relationship with Allstate Homecrafts, Inc. After the contract was abandoned in January, 1977, Tower spent another $23,000.00 to finish the project.
The Millman job continued until December, 1976, at which Lire it was abandoned at about 60 percent completion. A $10,000.00 draw was made on November 4, 1976, and a $5,000.00 draw was made on December 2, 1976. Millman spent an additional $10,000.00 to finish the project.
Neither Tower nor Millman ever saw Lambert. All monies paid were given to other corporate representatives.
While there was some evidence that violations of applicable building codes did occur, there was a complete absence of evidence to establish that Lambert willfully or deliberately disregarded the South Florida Building Code 4501.2(d)(4); failure to correct an electrical hazard.
On February 2, 1978, the Dade County Construction Trade Qualifying Board reported that it had found that there was a prima facie showing of the charges brought against Lambert.
CONCLUSIONS OF LAW
Lambert is charged with a violation of Section 468.112 (2)(a), the willful or deliberate disregard or violation of the applicable building codes or laws of the State or municipalities, cities or counties thereof. The allegations of the Administrative Complaint charge that Lambert was in violation of Section 10-22(b) of the Code of Metropolitan Dade County by virtue of abandonment of the projects, Section 10-22(g) of the Code of Metropolitan Dade County by virtue of his alleged failure to actually supervise, direct and control the construction covered by the permit and violation of South Florida Building Code 4501.2(d)(4) by virtue of failure to correct and electrical hazard.
There is a complete absence of evidence to establish that Lambert willfully or deliberately failed to correct an electrical hazard. Accordingly, it is concluded that such charges are unsupported by the evidence.
Section 10-22(g) of the Code of Metropolitan Dade County does not relate to the supervision of construction but rather provides:
Failing to fulfill his contractual obligations, including but not limited to the payment of all creditors for material furnished or work or services performed.
Nonetheless, there is a complete absence of evidence to establish that Lambert failed to actually supervise, direct or control the construction covered by the building permits. Accordingly, it is concluded that such charges are unsupported by the evidence.
There remains for consideration the charge of abandonment. Section 10-22(b) of the Code of Metropolitan Dade County provides that it shall be unlawful for any contractor to:
abandon without legal excuse a construction project or operation in which the contractor is engaged or under contract as a contractor.
It is concluded that Lambert's conduct described above does not constitute abandonment. The evidence shows that both projects continued for over two (2) months after Lambert discontinued his employment with Allstate Homecrafts, Inc. It was not Lambert who abandoned the projects, it was the corporation that caused the cessation of work months after Lambert terminated his employment. It is therefore
