4 *) 4g 4 : ha! \ed oa . 0, & 7 STATE OF FLORIDA ‘> DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Melby, A CONSTRUCTION INDUSTRY LICENSING BOARD LS, Ue, DIVISION I IS" o, ‘ Wey DEFARTMENT OF BUSINESS AND OS Les PROFESSIONAL REGULATION, Petitioner, . Case No. 98-10927 vs. G0-2732 ALLEN FADER, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint bezore the Construction Industry Licensing Board, against ALLEN FADER, ("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 General Contractor, in the State of Florida, having been issued license number CG C007504 to do business as an individual. / 3. Respondent's last known address and address of record is 11890 West Biscayne Canal Road, Miami, Florida 33161. 4. At all times material hereto, Respondent was President of a corporation known as GOLD COAST CONSTRUCTION SERVICES, INC. (hereinafter COAST). 5. At all times material hereto, Respondent was not the ‘ . . \ has! \ad qualifying agent for COAST, and COAST did not otherwise have a qualifying agent pursuant to s. 489.119, Florida Statutes. 6. On or about December 8, 1998, Respondent, doing business as COAST, contracted with MELVINA LUCAS (hereinafter LUCAS) to perform renovations at LUCAS' hone, 9411 Atlantic Street, Miramar, Florida, for $7,300.00. 7. LUCAS paid Respondent $3,600.00 by personal check on or about December 8, 1997. Respondent commenced work until on or about January 4, 1998. 8. On or about January 4, 1998, Respondent demanded additional payment to continue working on the project. LUCAS paid Respondent $2,800.00 by personal check on or about January 4, 1998. 9. Respondent failed to return to the project after January 4, 1998, thereby abandoning it without just cause and without proper notification to HARRIS. Said abandonment continued for at least 90 consecutive days. 10. 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 \. ; 5 has! No 11. Petitioner realleges and incorporates the allegations set. forth in paragraphs one through ten as though fully set forth in this Count I. 12. 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. IT 13. Petitioner realleges and incorporates the allegations se: forth in paragraphs one through twelve as though fully set forth in this Count II. 14. 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 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 IIL 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set fcrth in this Count III. 16. Based on the foregoing, Respondent violated Chapter \: + hago! ed 489.129(1) (g), Florida Statutes (1997), by acting in the capacity of a contractor under any certificate or registration issued under Chapter 489, Florida Statutes, except in the name of the certificateholder or registrant as set forth on the issued certificate or registration, or in accordance with the personnel of the certificateholder or registrant as set forth in the application for the certificate or registration, or as later changed as provided in this part. 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, 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 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 Chapters 489, 455, Florida Statutes, and/or the rules promulgated f thereunder. Signed this aed day of Avyort , 1999 FILED Depart of uss an lesa ami Ca RAR LE OXoud By: G.W. Harrell WM Aichele Chief Attorney CLERK DATE: ha COUNSEL FOR DEPARTMENT: Michael D. Soifer Senior Attorney Department of Business and Professional Regulation Rhode Bldg., Phase II 407. N.W. 2™ Avenue, N607 Miami, FL 33128-1765 July 12, 1999 Case # 98-10927 Per. &) 2999 veo C Sy enenons } pees ye

Docket for Case No: 00-002733PL