, 4 » : ‘as w/ e Ka %., STATE OF FLORIDA CS ~& DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, 7 CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND OS “hey PROFESSIONAL REGULATION, : Petitioner, . Case No. 98-16292 vs. OO-268! ARTHUR STEWART KACHEL, Respondent | / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT: OF BUSINESS AND - PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ARTHUR STEWART KACHEL, ("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 Air Conditioning Contractor, in the State of Florida, having been issued license number CA C033592, 3... Respondent's last known address and address of record is 4448 S.W. 51% Street, Fort Lauderdale, Florida 33314. 4. At all material times hereto, Respondent was licensed as qualifying agent for AIRSTREAM MECHANICAL, Inc. (hereinafter referred to as “Contractor), and as such was responsible for the wl w é acts, omissions, and financial conduct of the business as it relates to contracting. 5. On or about November 3, 1997, Contractor contracted with "RENEE ‘THORNTON (hereinafter THORNTON) to install a new air conditioning system at 1153 Sussex Drive, North Lauderdale, Florida. 6. The contract price was $4,495.00. 7. The aforesaid project required a Building Permit be obtained and inspections pe performed. No building permit was obtained and no inspections were performed on the project. 8. contractor failed to return to the project to obtain a final inspection thereby abandoning it without just cause and without proper notification to THORNTON. Said abandonment continued for at least 30 consecutive days. 9. | THORNTON paid 100% of the contract price and the work completed by Contractor was less than 100% as the project did not have a passing final inspection. “10. Chapter 489.119(2), Florida Statutes (1997) provides that if an applicant “proposes to engage. in contracting as a business organization, including any “partnership, corporation, pusiness trust, or other legal entity, or in any name other than the applicant’ s egal : name ora “fictitous name where the applicant is “doing business asa sole propietorship, the business organization “must apply for certification OL “registration through a qualifying agent and under the fictitious name, if any. - > Vo wv Respondent’s business organization is required to comply with the aforesaid and has failed to do so. 11. Chapter 489.1425 (1), Florida Statutes (1997), provides 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, except where the value of all labor and materials does not exceed $2,500.00. The aforesaid contract failed to include the required written statement. . COUNT I 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this count t. 13. Based on ‘the foregoing, Respondent violated Chapter 489.129(1) (k), Florida Statutes (1997), by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed to be d fter “90, days if ‘the ‘contractor terminates the project - without just ‘cause oF without proper notification to the owner, including the reason for termination, or fails to ‘perform work "without just cause for 30 consecutive ‘days. COUNT IT 14, Petitioner realleges and incorporates the allegations vn vy set forth in paragraphs one through thirteen as though fully set forth in this Count IT. 15. Based on the foregoing, Respondent violated Chapter 489.129(1) (h)2, Florida Statutes (1997) by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the contractor has abandoned a 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, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within thirty days after the job is abandoned. COUNT III 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count III. 17. Based on the foregoing, Respondent violated Chapter 489.129(1) (4), Florida Statutes (1997) ‘by, failing in any material respect to. comply with the provisions of Part 1, Chapter 489, Florida Statutes by violating Chapter 489.119(2) in failing to vapply for certification or registration of a business organization through a qualifying agent and under the fictitious name, if any, under which the business organization is doing business. COUNT IV - 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty as though fully set forth in this Count IV. 19. Based on the foregoing, Respondent violated Chapter 489.129(1) (3), Florida Statutes (1997) by failing in any material respect to comply with the provisions of Part 1, Chapter 489, Florida Statutes by violating Chapter 489.1425 (1), Florida Statutes (1997) in failing to include a statement in the contract | explaining the Construction Industry Recovery Fund. COUNT V 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nineteen as though fully set forth in this Count V. 21. Based on the foregoing, Respondent violated Chapter 489, 129(1) (p) Florida ‘Statutes (1997) by proceeding on any job without obtaining applicable local building department permits and inspections. WHEREFORE, Petitioner “respectéully requests ‘the Construct on industey Licensing Board enter | an Order imposing one or more of the following penalties: place ¢ on 1 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 5 5 vo. vy) 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 eSliet that thé Bosra is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. 7 O00, Signed this 2 day of Fh ray , T3399 Ce bhRD £ AD Now By: Cathleen 0’ Dowd Lead Attorney (PeP) Jan. a5, 2000 Kenh Lawson, S2. | Richard T. Cowart COUNSEL FOR DEPARTMENT: Michael D. Soifer Senior Attorney Department of Business and Professional Regulation Rhode Bldg., Phase ITI F | L E D 401 NW 2"? Street, N607 Department of Business and Professional Regulation Miami, Florida 33128-1765 DEPUTY CLERK December 9, 1999 _ CLERK Prarvdon A lichele Case #98- 10292 pate_A-|0-A0O0 _

Docket for Case No: 00-002681PL