Y Y a STATE OF FLORIDA 4 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT CONSTRUCTION INDUSTRY LICENSING BOARD : DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 98-21539 vs. J6 -3085 | MICHAEL S. LARGO, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against MICHAEL S. LARGO, ("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 C057001. 3. Respondent's last known address is 10620 S.W. 112th Street, Miami, Florida 33176. 4. At all times material hereto, Respondent was the licensed qualifier for Home Remodeling Plus, Inc. (hereinafter VU WY referred to as "Contractor") and was responsible in such capacity for all of its contracting activities. COUNT I 5. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four as though fully set forth in this Count I. 6. On or about October 4, 1997, Lizabeth Valencia (hereinafter referred to as “Customer”) contracted with the Contractor to remodel a kitchen, master bathroom, and a guest bathroom at 967 S.W. 112th Terrace, Pembroke Pines, Florida, for Twelve Thousand dollars ($12,000.00). 7. On or about October 23, 1997, Mego Mortgage Corp. issued a check for Twelve Thousand, Two Hundred Eighteen dollars and Fifty cents made payable to the Contractor. 8. During the next 6 months work on the two bathrooms was completed, but work on the kitchen was never commenced. 9. The Contractor abandoned the Customer’s project without just cause or notice to the owner. 10. Based on the foregoing, the Respondent violated Section 489.129(1)(k), Florida Statutes (1996 SUPP.), 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 Y WY owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT II 11. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four and six through nine as though fully set forth in this Count II. 12. The Contractor received One Hundred percent (100%) of the contract price and did not perform One Hundred percent (100%) of the work contracted for. 13. Based on the foregoing, the Respondent violated Section 489.129(1) (h) (2), Florida Statutes (1996 SUPP.), 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 30 days after the date the job is abandoned. 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 WU Nv 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 thereunder. Signed this g day of Avyoit , 1999, G.W. HARRELL, CHIEF ATTORNEY Lanna x d'doud COUNSEL FOR DEPARTMENT: F | L E D . Department of Business and Professional Regulation Diane Snell Perera DEPUTY CLERK Senior Attorney . Department of Business and Prarcort Tichele Professional Regulation CLERK 401 NW 2ND Avenue #N607 a - lo- Miami, FL 33128 (305) 377-7115 DATE DSP/sb oer 5/4/99 Case #98-21539 PR. Me/t4 Mekitrias SHmmon

Docket for Case No: 00-003051PL