ll a a a a ae 7 Respondent, ANTHONY Wd / : - 4 Er ae ms PULP ae HAY 2k STATE OF FLORIDA AD ih DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUI CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, oO Q9- alte y. Ce " DBPR Case No. 98-21606 ANTHONY JOSHUA BAILEY, Respondent. ; ; / . . - ADMINISTRATIVE COMPLAINT BUNA NAY A Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, files this - Administrative Complaint before the Construction Indusiry | Licensing Board against 1. Petitioner is 5 the state agency charged with regulating the practice of contracting - pursuant to Section 30. 165, , Florida Statutes, and Chapters 455 and 489, Florida Statutes. a ~ Respondent is, and has been at all times material hereto, a Certified General Contractor in the Suate of Florida having | been issued license “qumber CG C058362. 3. "Respondent's ast known “address is 3119 Spring ¢ “Glen Road, Suite 101, Jacksonville, Florida 32203. 2 ee taper eee eee until May 1998. 4, At all times material hereto, Respondent was the licensed qualifier for Hurricane " Design Build Construction, Inc., and therefore responsible for all of its contracting and financial activities. 5. Hurricane Design Build Construction, Inc. is and has been at all times material hereto, a qualified business with license number QB 0006984, currently i ina delinquent status, 6.- Section 489.129(1)(a), Florida Statutes, provides that all 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. 7. On or about July 8,1997, James J. Hammond, III (Hammond) contracted with Hurricane Design Build Construction, Inc., to build a new house located at Lot 9, 1470 Bellshore Circle South, Jacksonville, Florida 32209. 8. The total contract price was $192,981.49, of which Hammond paid $117,037.84 before Respondent abandoned the project. 9. - Construction commenced on or about March 17, 1998, and continued on pace const ction became ‘Sporadic. mtractors. “11. Hammond completed the home and ¥ was ¢ able to move e in, in or + around the end of “February 1999. Boul than 90 cays. The Respondent did not complete or advance the contracted project. od Nove ber 1998, Respondent stopped working for a period 0 of more veep coors WU ww 13. On or about June 3, 1998, Holmes Lumber Company fi filed and recorded a valid lien against Hammond’s property in the amount of $21, 118.64 for services rendered under the contract with Respondent. 14. Respondent failed to remove said lien within seventy-five (75) days of filing. 15. | Hammond released the lien by paying Holmes Lumber $21,118.64 to satisfy the lien. 16. On or about June 30, 1998, Southdown d/b/a Florida Mining & Materials Concrete Corporation filed and recorded a valid lien against Hammond’s property in the . amount of $6512.09 for services and/or materials rendered under its contract with Respondent. 17. _ Respondent failed to remove said lien within seventy-five (75) days of filing. 18. - Hammond released the lien of Southdown by making full payment and satisfying the lien. 19. On or about June 19, 1998, Supreme Drywall, Inc. filed and recorded a valid lien against Hammond's property in the amount of $5,650.00 for services and/or materials rendered under its contract with Respondent. 20. - Respondent failed to remove said lien within seventy-five (75) days of filing. : 21. - “Hammond released the lien by paying $5650.00 to satisfy the lien. 22. On or about July 23, 1998, Jax Brick & Door filed and recorded a valid lien in the amount of $6,353.29 for services and/or materials rendered under its contract with Respondent. 23. Respondent failed to remove said lien within seventy-five (75) days of filing. ‘contract with Respondent. a 24. | Hammond released the lien by paying Jax Brick & Door $5000.00 to satisfy the lien. | 25. On or about October 21, 1998, Jim Mangrum Plumbing Company, Inc. filed and recorded a valid lien in the amount of $769.21 for services and/or materials provided under its contract with Respondent. 26. | Respondent failed to remove said lien within seventy-five (75) days of filing. _ 27. Hammond released the lien by paying Mangrum Plumbing Company, Inc. $769.21 to satisfy the lien. . . 28. Onor about December 21, 1998, Woodsman Kitchens and Floors, Inc. filed and ‘recorded a valid lien in the amount of $6,100.00 for services and/or materials provided under __ its contract with Respondent. | | — 29. Respondent failed to remove said lien within seventy-five (75) days of filing. 30. . Hammond released the lien by paying Woodsman Kitchens and Floors, Inc. $5,000.00 to satisfy the lien. | 31. | Onor about December 21, 1998, Woodsman Kitchens and Floors, Inc. filed and recorded a valid lien in the amount $3,929.38, for services and/or materials rendered under its 39. Respondent failed to remove said lien within seventy-five (75) days of filing. ; 33. Hammond released the lien by paying Woodsman Kitchens and Floors, Inc. $3,929.38 to satisfy the lien. i {i ws co Ww a On or about December 22, 1998, Weaver Lande Inc. filed and recorded a valid lien j in n the amount of 56, . 5, Or services “and/or materi with Respondent. 35. Respondent failed to remove said lien within seventy-five (75) days of filing. 36. Hammond satisfied the lien by Weaver Landscape, Inc. on his property on or . about March 3, 1999. 37. On or about January 8, 1999, Backyard Creations, Inc. filed and recorded a . valid lien in the amount of $3,759.00 for services and/or materials rendered under its contract " with Respondent. | 38. | Respondent failed to remove said lien within seventy-five (75) days of filing. | 39. | Hammond released the lien by paying Backyard Creations, Inc. $3,000.00 to satisfy the lien. 40. There - were at least ine valid liens filed and recorded against Hammond’s property due to Respondent s failure to pay subcontractors. 41. Hammond was presented with $60, 980. 06 in claims of liens, as well as “or r refunded money to — w. ich Hammo — saishyite the liens incurred by 7 Respondent. 43 ‘Hammond was forced to satisfy the liens so that the subcontractors would rendered under its contract \ ee , 44, Hammond has had to pay in excess of $59,246.81 in order to satisfy the” liens placed on his property, excluding additional funds expended in order to complete the project. 45. | Respondent failed to advise Hammond of his rights in their contract as required by Section 489.1425, Florida Statutes. COUNT I 46. Petitioner realleges and incorporates the allegations set forth in Paragraphs One . through Forty-five as though fully set forth herein. 47. Respondent violated Section 489.129(1)(k), 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 II . . 48. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Forty-five as though fully set forth herein. 49. Respondent violated Section 489.129(1)(h), Florida Statutes, by committing mismanagement 0 or misconduct in the practice of contracting that causes financial harm to a customer. Section 489. 12901), Florida Statutes, provides that financial misconduct occurs when valid liens have been recorded against the property of a contractor’s customer for supplies or services ‘ordered by the contractor for ‘the customer’ s ¢ job; the ‘contractor has received f funds from the customer to Pay for the spplies 0 or services; ; and the contractor has not had the liens s removed from the | property, by payment or ry bond, within 15 days after the date of such liens. eee | merce oe cern COUNT IN 50. "Petitioner realleges and incorporates the allegations set t forth in paragraphs one tro Forty-five : as though fully set forth in this Count OI. 51. . Section 489, 1425, Florida Statutes, ‘provides, i in part, 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 Construction Industries Recovery Fund. 52. Based on the foregoing, the Respondent violated Section 489.129 (1)(j), Florida Statutes (1997), by failing i in any materia respect to comply with the provisions of this part or violating a rule or lawful order of the board.” WHEREFORE, Petitioner respect requests the Construction Industry Licensing Board to enter an Order i imposing one or more of the following penalties: place the license on probation, reprimand the licensee, Tevoke, ‘suspend, deny ‘the issuance or renewal of t the certificate or registration, require financial restitution to the 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. 20702), “Florida | Stanites, and/or’ any other relief that the Board is authorized 10 impose pursuant to : Chapers 489, 455, Florida Stantes, and/or the tules promulgated thereunder. . Signed this 79 in day of. rere Aer , 1999. F | ‘Department of Business and Professional Regulation DEPUTY CLERK Lahht ££ O% and ~ By: Cathleen E. O'Dowd Lead Construction Attorney an WY COUNSEL FOR DEPARTMENT: Laurie B. Woodham ~ Assistant General Counsel FL Bar Number:0049549 ~_ Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street ' Tallahassee, FL 32399-2202 Case # 98-21606 UW - << Pe ts 12)14) 44 Stenenons ¥ TAG WACO

Docket for Case No: 00-002146