STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, 60-4 LAL Case No. 99-00495 vs. MEHRDAD SHAHGODARI, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against MEHRDAD SHAHGODARI, ("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 C047089. 3. Respondent's last known address is 2161 NE 35°* Street, Lighthouse Point, Florida 33064. 4. At all times material hereto, Respondent was the licensed qualifier for A Max Construction Corp (hereinafter referred to as "Contractor") and was responsible in such capacity for all of its contracting activities. 5. Section 489.1195(1) (a), Florida Statutes, provides that all primary qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job. COUNT I 6. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five as though fully set forth in this Count I. 7. On or about May 13, 1998, the Contractor entered into a contract with Herbert Gumbs (hereinafter referred to as ‘“Customer”) to build a covered patio onto his home at 13833 NW 224 Street, Sunrise, Florida for Fourteen Thousand dollars ($14,000.00). 8. On or about May 13, 1998, the Customer paid the Contractor Three Thousand dollars ($3,000.00) towards the contract price. 9. In or around May 1988 to August 1998, an architect drew and submitted the plans for the Customer’s construction project to the City of Sunrise Building Department. 10. The City of Sunrise Building Department rejected the plans pending the Contractor utilize a certified roofer to obtain the permit and a notice of commencement. 11. In or around August 1998, a notice of commencement was obtained for the Customer’s construction project. 12. Thereafter, the Contractor closed work, without just cause or notice to the owner. . 13. Based upon the foregoing, the Respondent violated Section 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 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 IT 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and seven through twelve as though fully set forth in this Count II. 15. 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.” 16. The Contractor failed to provide the Customer with written notice of consumer rights under the Construction Industries Recovery Fund. 17. 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. 18. Based on the foregoing, the Respondent violated Section 489.129(1) (5), Florida Statutes (1997), 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 IIT 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five, seven through twelve, and fifteen through seventeen as though fully set forth in this Count III. 20, Section 489.119(2), Florida Statutes (1997) provides: “if the applicant proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant’s legal name or a fictitious name where the applicant is doing business as a sole proprietorship, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any.” 21. The Contractor failed to obtain a qualifying business certificate of authority. 22. Failing to obtain a qualifying business certificate of authority constitutes a violation of Section 489.119(2), Florida Statutes (1997). 23. Based upon the foregoing, the Respondent is guilty of having violated Section 489.129(1)(j), Florida Statutes (1997), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. 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 7 Bh day of 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 5/18/00 Case #9900495 PCP: eee Wferd + Cake , 2000. RNEY FILED Department of Business and Professional Regulation DEPUTY CLERK cur Paardmnt Michels DATE S- \S: -2000

Docket for Case No: 00-004552PL