Ele chaatehs ak eat ein la ai kk Rk ct ee See ) we) so : rw) ; oe oe ; 7 FILED STATE OF FLORIDA a DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAS@alWL ~5 AMI: 6 CONSTRUCTION INDUSTRY LICENSING BOARD , DIVISION I DIVISION 9 ADMINISTRATIVE. HEARINGS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, . 00-27 GOP Case No. 98-21143 vs. . WILLIAM W. PECK, Respondent. / ADMINISTRATIVE COMPLAINT — Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against WILLIAM W. PECK, ("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 since 1980 ‘and at all times material hereto has been, a Certified General contractor, in the State of , having been soued license number CG c0i6704. "Respondent! s “last known ‘addresses are 1165 N. Ocean Drive, Suite A&B, West Palm ‘Beach, Florida 33404 and 4430 NE 17 avenue, Ft. Lauderdale, Florida 33334. 4. At all times material hereto, Respondent was the os ic lie yo dy licensed qualifier for Statewide Contractors, Inc. (hereinafter referred to as "Statewide"). 5. On or about june 22, 1997, Statewide entered into a written contractual agreement with George and Joanna Comas to repair or replace some broken root tiles, fix any roof leaks, and apply a roof coating to the existing roof of the Comases’ home located at 3180 SE Gran Via Way, Stuart, Florida 34996. 6. The contract provided for a product warranty on the roof coating for 10 years on soft surfaces and for 25 years on hard surfaces. 7. The coating was represented to protect, waterproof, and extend the life of the roof. 8. At all times material hereto, the Respondent and Statewide were not licensed as roofing contractors in the State of Florida. 9. Section 489.113(3) (9g), Florida Statutes (1995), provides that “[nJo general, pbuilding, or residential contractor certified after 1973 shall act as, hold himself out to Pe, oF advertise himself to be a roofing contractor unless he is certified or registered as a roofing contractor.” ue, 10. “phe aeatvact price was $5,362.00. oe The, Comases paid Statewide the contract price in full. _12. The contract did not “contain a written “statement of ‘consumer’ Ss right under the Construction Industries Recovery Fund, as required by Section 489. 1425, Florida Statutes. 2 yo 4 Wo an, 13. During the period of June 24-26, 1997, Statewide performed the aforementioned work. 14. Thereafter, a leak developed in the Comases’ roof. In ox around September 1998, the Comases discovered the leak and attempted unsuccessfully to contact Statewide. 15. On or about October 27, 1998, the Petitioner issued to the Respondent a Notice of Noncompliance for failure to honor a warranty. Pursuant to Section 489.124(3), Florida Statutes, the Petitioner gave to the Respondent adequate and sufficient notice of the Notice of Noncompliance by mailing a copy of it to him -by regular mail at his address of record. The Respondent failed to respond. 16. On or about December 1, 1998, the Comases had the leak repaired by Stuart Roofing Inc. (CC €024411) for $2,130.00. © COUNT I 17. Petitioner realleges and incorporates the allegations set forth in Paragraphs 1 through 16 as though fully stated herein. 18. “Based upon the foregoing, the Respondent is guilty of having violated Section 489.129(1) (3), Fiorida Statutes (1995), by failing in any ‘astoeist respect to comply with the provisions part of violating a rule or lawful order of the board, by violating Section 489. 11313) (9), Florida statutes (1995). yo, >) UV - nS, COUNT II 19. Petitioner realleges and incorporates the allegations set forth in Paragraphs 1 through 16 as though fully stated herein. 20. Based upon the foregoing, the Respondent is guilty of having violated Section 489.129 (1) (3), Florida Statutes (Supp. 1996), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board, by violating Section 489.1425, Florida Statutes (Supp. 1996). , COUNT III 21. Petitioner realleges and incorporates the allegations set forth in Paragraphs 1 through 16 as though fully stated herein. 22. Based upon the foregoing, the Respondent is guilty of having violated Section 489.129(1) (n), Florida Statutes (1995), by committing incompetency or misconduct in the practice of contracting. COUNT IV 23. Petitioner realleges and incorporates the allegations set forth in Paragraphs 1 through 16 as though fully stated herein. 24. Based upon the foregoing, the Respondent is guilty of having violated Section 489.129(1) (h)3., Florida Statutes (1995), ~” Yo > Ww an) 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’s job has been completed, and it is shown that the customer has had 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, OX 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, 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. a ‘ jated with investigation and prosecution, oe impose any ox all ‘penalties delineated within ‘section 455. 227(2), Florida Statutes, “padlor any other relief that the Boaxd is authorized ‘to impose pursuant to Chapters 489, 455, Florida “Statutes, and/or t e rules promulgated thereunder. ill bs ii dl as. yo: vv oO day of — Supt , 1999. Signed this we COUNSEL FOR DEPARTMENT: Theodore R. Gay Senior Attorney Department of Business and Professional Regulation 401 NW 2 Avenue #N607 Miami, FL 33128 (305) 377-7115 Pere A) 22) 94 TRG/sb 8/4/39 Mew eHow 7 Sven Case #98-21143 + ’ UW Cabhi # Odexna CATHLEEN O’ DOWD LEAD ATTORNEY FILED Business and Professional Regulation DEPUTY CL RK oem 0 “13-41 ROS Department of peers epee ones

Docket for Case No: 00-002760PL