STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL RE CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I . DEPARTMENT OF BUSINESS AND - PROFESSIONAL REGULATION, Petitioner, Case No. 97-19576 vs. ROBERT R. NAST, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ROBERT R. NAST, ("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 numbers CG C007397 and CG CA07397. 3. Respondent's last known address is 4460 N. Federal Highway, Fort Lauderdale, Florida 33308. 4, At all times material hereto, Respondent was licensed as an individual and was responsible in such capacity for all of for all field work at all sites; and for financial matters, both for the Organization in general nd for each Specific job. orth in this Count I. 7. On or about April 12, 1995, Respondent entered into the rst contract with Las Haciendas Community Association, Inc. ereinafter teferred to as “Customer ain” Plantation, >rida 33324 for Thirteen Thousand dollars ($13, 000.00). 8. The Customer Paid the Respondent the contract price in iL. 9, The Respondent contracted with the Customer in the name All ) to perform the roofing ke 10. At no time material hereto, was All-American Painting a properly qualified company, nor did that name appear on the Respondent’s license, 11. Based on the foregoing, the Respondent violated Section 489.129(1) (g), Florida Statutes (1994 Supp.), by acting in the Capacity of a contractor under any certificate or registration issued hereunder 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 certificate or registrant as set forth in the application for the certificate or registration, or as later changed as provided in this part. COUNT II 12. Petitioner realleges and incorporates the allegations set forth in Paragraphs one through five and seven through ten as chough fully set forth in this Count Il. 13. Section 489.119(5) (b), Florida Statutes (1994 Supp.) rovides inter alia, that the registration or certification number ‘£ each contractor shall appear in any newspaper, airwave ransmission, phone directory, or other advertising medium used by hat contractor. 14. Rule 61G4~12.011(4), Florida Administrative Code, formerly 21E-12.011(4), Florida Administrative Code), provides iter alia, that the term "advertise" or "advertises" shall apply > contracts. 15. Failing to include his license number in the contract , with the Customer constitutes a violation of Section . 489.119(5) (b), Florida Statutes (1994 Supp.). 16. Based on the foregoing, the Respondent violated Section 489.129(1) (3), Florida Statutes (1994 Supp.), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT III i7. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five, seven through ten, and thirteen through fifteen as though fully set forth in this Count III. 18. On or about April 25, 1995, the Respondent obtained permit number 95-8112 from the City of Plantation Building Department for the Customer’s roofing project. 19. On or about May 9, 1995, the roof work was completed ‘and received an approved final inspection. 20. The contract entered into between the Respondent and the Customer had a seven (7) year warranty. 21. From in or around June 1996 through July 1997, several roofs in the condominium units began leaking. 22. The Respondent failed to repair the leaking roofs in accordance with the warranty. 23. Rule 61G4-17.001(14) (a), Florida Administrative Code, ‘provides: “Misconduct or incompetency in the practice of , contracting as set forth in Section 489.129(1) (n), Florida Statutes, shall include, but is not limited to: failure to honor a warranty”. 24, The Respondent’s failure to honor a warranty constitutes misconduct in the practice of contracting. 25. Based on the foregoing, the Respondent violated Section 489.129(1) (n), Florida Statutes (1994 Supp.), by committing incompetency or misconduct in the practice of contracting. COUNT IV 26. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five, seven through ten, thirteen through fifteen, and eighteen through twenty-four as though fully set forth in this Count Iv. 27. On or about December 14, 1995, Respondent entered into a second contract with the Customer to install a “Slope to Drain” ‘Roof Restoration System to condominium units #217 to 219 located at 297 Jacaranda Drive, Plantation, Florida 33324 for Fifteen Thousand, Four Hundred Five dollars ($15, 405.00). 28. The Customer paid the Respondent the contract price in full. 29. The Respondent contracted with the Customer in the name of All-American Painting of South Florida Inc (hereinafter referred to as “All-American Painting”) to perform the roofing 30. At no time material hereto, was All-American Painting a properly qualified company, nor did that name appear on the Respondent’s license. 31. Based on the foregoing, the Respondent violated Section 489.129(1)(g), Florida Statutes (1994 Supp.), by acting in the capacity of a contractor under any certificate or registration issued hereunder 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 certificate or registrant as set forth in the application for the certificate or registration, or as later changed as provided in this part. COUNT V 32. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five, seven through ten, “thirteen through fifteen, eighteen through twenty-four, and twenty-seven through thirty as though fully set forth in this Count V. 33. Section 489.119(5) (b), Florida Statutes (1994 Supp.) provides inter alia, that the registration or certification number of each contractor shall appear in any newspaper, airwave transmission, phone directory, or other advertising medium used by that contractor. 34. Rule 61G4-12.011(4), Florida Administrative Code, , (formerly 21E-12.011(4), Florida Administrative Code), provides inter alia, that the term "advertise" or "advertises" shall apply to contracts. 35. Failing to include his license number in the contract with the Customer constitutes a violation of Section 489.119(5) (b), Florida Statutes (1994 Supp.). ~ 36. Based on the foregoing, the Respondent violated Section_ 489.129(1) (j), Florida Statutes (199), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT VI 37. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five, seven through ten, thirteen through fifteen, eighteen through twenty-four, twenty- seven through thirty, and thirty-three through thirty-five as ‘though fully set forth in this Count VI. 38. On or about June 10, 1996, the Respondent obtained permit number 96-12235 from the City of Plantation Building Department for the Customer’s roofing project. 39. On or about July 10, 1996, the roof work was completed and received an approved final inspection. 40. The contract entered into between the Respondent and the Customer contained a seven (7) year warranty. 41. From in or around June 1996 through July 1937 several ftoofts in the condominium units began leaking. / 42. The Respondent failed to repair the leaking roofs in accordance with the warranty. 43. Rule 61G4-17.001(14) (a), Florida Administrative Code, provides: “Misconduct or incompetency in the practice of contracting as set forth in Section 489.129(1) (n), Florida Statutes, shall include, but is not limited to: failure to honor a warranty. 44. The Respondent’s failure to honor a warranty constitutes misconduct in the practice of contracting. 45. Based on the foregoing, the Respondent violated Section 489.129(1) (n), Florida Statutes (1994 Supp.), by committing incompetency or misconduct in the practice of contracting. COUNT VII 46. Petitioner realleges and incorporates the allegations “set forth in paragraphs one through five, seven through ten, thirteen through fifteen, eighteen through twenty-four, twenty- seven through thirty, thirty-three through thirty-five, and thirty-eight through forty-four as though fully set forth in this Count VII. 47. On or about April 25, 1996, Respondent entered into a third contract with the Customer to install a “Slope to Drain” Roof Restoration System to condominium units #201 to 215, #229 to pase #245 to 259, #261 to 271, and #273 to 287 located at 297 ‘Jacaranda Drive, Plantation, Florida 33324 for Ninety-Six / Thousand, Six Hundred Ninety dollars ($96,690.00). 48. The Customer paid the Respondent the contract price in full. 49. The Respondent contracted with the Customer in the name of All-American Waterproofing Systems Inc (hereinafter referred to as “All-American Waterproofing”) to perform the roofing work. 50. At no time material hereto, was All-American Waterproofing a properly qualified company, nor did that name appear on the Respondent’s license. 51. Based on the foregoing, the Respondent violated Section 489.129(1) (g), Florida Statutes (1995), by acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificateholder or registrant as set forth on the issued certificate or “tegistration, or in accordance with the personnel of the certificate or registrant as set forth in the application for the certificate or registration, or as Later changed as provided in this part. COUNT VIII 52. Petitioner: realleges and incorporates the allegations set forth in paragraphs one through five, seven through ten, thirteen through fifteen, eighteen through twenty-four, twenty- feven through thirty, thirty-three through thirty-five, thirty- / eight through forty-four, and forty-seven through fifty as though # ‘ . fully set forth in this Count VIII. 53. Section 489.119(5) (b), Florida Statutes (1995) provides inter alia, that the registration or certification number of each contractor shall appear in any newspaper, airwave transmission, phone directory, or other advertising medium used by that contractor. 54. Rule 61G4-12.011(4), Florida Administrative Code, (formerly 21E-12.011(4), Florida Administrative Code), provides inter alia, that the term “advertise” or tadvertises" shall apply to contracts. - 55. Failing to include his license number in the contract with the Customer constitutes a violation of Section 489.119(5) (b), Florida Statutes (1995). 56. Based on the foregoing, the Respondent violated Section ~“489.129(1) (4), Florida Statutes (1995), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT IX 57. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five, seven through ten, thirteen through fifteen, eighteen through twenty-four, twenty- seven through thirty, thirty-three through thirty-five, thirty- 10 jeiont through forty-four, forty-seven through fifty, and fifty- ' three through fifty-five as though fully set forth in this Count IX. 58. Section 489.1425, Florida Statutes, provides: “(1) Any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining consumer rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500.” 59. The Contractor failed to provide the Customer with written notice of consumer rights under the Construction Industries Recovery Fund. 60. Failing to provide the Customer with written notice of consumer rights under the Construction Industries Recovery Fund constitutes a violation of the foregoing provision of Chapter 489, Florida Statutes. 61. Based on the foregoing, the Respondent violated Section 489.129(1) (j), Florida Statutes (1995), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT X 62. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five, seven through ten, thirteen through fifteen, eighteen through twenty-four, twenty- 11 Py /seven through thirty, thirty-three through thirty-five, thirty- eight through forty-four, forty-seven through fifty, and fifty- three through fifty-five, fifty-eight through sixty as though fully set forth in this Count X. 63. On or about July 25, 1996, the Respondent obtained permit numbers 96-14501, 96-14502, and 96-14503 from the City of Plantation Building Department for the Customer's roofing project. 64. On or about August 2, 1996, the roof work was completed and received an approved final inspection. 65. The contract entered into between the Respondent and the Customer contained a seven (7) year warranty. 66. From in or around June 1996 through July 1997, several roofs in the condominium units began leaking. 67. The Respondent failed to repair the leaking roofs in accordance with the warranty. 68. Rule 61G4-17.001(14) (a), Florida Administrative Code, provides: “Misconduct or incompetency in the practice of contracting as set forth in Section 489.129(1) (n), Florida Statutes, shall include, but is not limited to: failure to honor a warranty. 69. The Respondent’s failure to honor a warranty constitutes misconduct in the practice of contracting. 70. Based on the foregoing, the Respondent violated Section 489.129(1) (n), Florida Statutes (1995), by committing 12 / competency or misconduct in the practice of contracting. COUNT XI 71. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five, seven through ten, thirteen through fifteen, eighteen through twenty-four, twenty- seven through thirty, thirty-three through thirty-five, thirty- eight through forty-four, forty-seven through fifty, fifty-three through fifty-five, fifty-eight through sixty, and sixty-three through sixty-nine as though fully set forth in this Count XI. 72. On or about June 8, 1998, the Customer filed a lawsuit against the Respondent in the Circuit Court of the Seventeenth Judicial Circuit, in and for Broward County, Florida, Case Number 98-09126 07. 73. On or about March 10, 1999, a Final Judgment was entered in favor of the Customer against the Respondent in the _ principal amount of Three Hundred Forty-Eight Thousand, Three ‘Hundred Fifty dollars ($348,350.00). 74. Rule 61G4-17.001(23), Florida Administrative Code, provides: “For purposes of Section 489.129 (1) (r) [mow Section 489.129(1) (q)], F.S., “reasonable time” means ninety (90) days following the entry of a civil judgment that is not appealed.” 75. The Respondent has failed to satisfy the Final Judgment within a reasonable time. 76. Based upon the foregoing, the Respondent is guilty of 13 Fa ‘ having violated Section 489.129(1)(q), Florida Statutes (1998 Supp.), by failing to satisfy within a reasonable time, the terms of a civil judgment obtained against the licensee, or the business organization qualified by the licensee, relating to the practice of the licensee’s profession. 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 thereunder. Signed this { | day of , 2000. ATHLEEN E. O’ DOWD LEAD. CONSTRUCTION ATTORNEY [LED Department of Business and Professional Regulation PCP: ot /ox/oo AGENCY CLERK Cid Beale . wc Sead 2. (ewhon nm DATE l-1F- 2000 COUNSEL FOR DEPARTMENT: Diane Snell Perera Senior Attorney Department of Business and Professional Regulation 401 NW 2 Avenue #N607 Miami, FL 33128 (305) 377-7115 DSP/sb 4/25/00 Case #97-19576 15

Docket for Case No: 00-004387PL