LED gan 18 PH 2:53 NISiOR LE AGUS RAL VE. STATE OF FLORIDA HE ARINGS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II el. DEPARTMENT OF BUSINESS AND O | O7Zb2 PROFESSIONAL REGULATION, Petitioner, DBPR Case Nos: 98-22173 98-22174 Vv. 98-23343 ROBERT G. SULLIVAN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board against ROBERT G. SULLIVAN, (“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 Pool Contractor in the State of Florida, having been issued license number CP C044106. 3. Respondent's last known address is 503 Granby Street, Lakeland, Florida 33801. 4. At all times material hereto, Respondent was the licensed qualifier for San Juan Custom Fiberglass Pools ("San Juan"). 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. 6. Respondent failed to obtain a certificate of authority for San Juan as required by Section 489.119(2), Florida Statutes. COUNT I 7. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six as though fully set forth herein. . 8. Section 489.119(2), Florida Statutes, provides that an applicant who 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. 9. Based on the foregoing, Respondent violated Section 489.129(1)(j), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board, including, as here, Section 489.119(2), Florida Statutes. FACTS PERTAINING TO CASE 98-22173 10. On or about April 16, 1997, Anna Dumont ("Dumont") entered into a written contractual agreement with San Juan to remodel her existing swimming pool. 11. The contract price was four thousand nine hundred forty-four dollars ($4,944.00). 12. The contract failed to contain a written statement explaining the consumer's rights under the Construction Industries Recovery Fund as required by Section 489.1425(1), Florida Statutes. 13. On or about May 1, 1997, Respondent commenced construction on the pool. 14. On or about July 14, 1997, Respondent completed the project. 15. | Respondent accepted four thousand nine hundred forty-four dollars ($4,944.00) from Dumont as payment on the contract. 16. To date, Respondent has failed to obtain the required building permits and inspections on the project. COUNT II 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and ten through sixteen as though fully set forth herein. 18. Based upon the foregoing, Respondent violated Section 489.129(1)(p), Florida Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections. COUNT Il 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and ten through sixteen as though fully set forth herein. 20. Section 489.1425(1), Florida Statutes, 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. 21. Based upon the foregoing, Respondent violated Section 489.129(1)(j), Florida Statutes, by failing in any material respect to comply with the provision of this part or violating a rule or lawful order of the board, as here, Section 489.1425(1), Florida Statutes. FACTS PERTAINING TO CASE 98-22174 22. On or about June 28, 1998, William and Barbara Edwards (collectively the “Edwards") entered into a written contractual agreement with San Juan for the construction of a swimming pool and screen enclosure. 23. | The contract price, including change orders, was twenty-one thousand four hundred twenty-six dollars ($21,426.00). 24. On or about July 6, 1998, Respondent obtained permit number 9890087 and work began on the project. 25. On or about August 28, 1998, Respondent ceased performing construction on the project. 26. At the time construction ceased, Respondent had accepted eighteen thousand three hundred ninety-four dollars ($18,394.00) from the Edwards as payment on the contract. 27. Respondent failed to perform any additional work on the project for a period of greater than ninety (90) days. 28. | The Edwards were forced to hire subsequent contractors to complete and repair the pool and screen enclosure. 29. The Edwards paid a total of approximately twenty-two thousand four hundred fifty-nine dollars and twelve cents ($22,459.12) to Respondent and subsequent contractors to complete the project, which is approximately one thousand thirty-three dollars and twelve cents ($1,033.12) over and above the original contract price. COUNT IV 30. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and twenty-two through twenty-nine as though fully set forth herein. 31. Based on the foregoing, Respondent violated Section 489.129(1)(h)3., Florida Statutes, 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 the circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer. COUNT V 32. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and twenty-two through twenty-nine as though fully set forth herein. 33. Based on the foregoing, Respondent violated Section 489.129(1)(k), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be deemed 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 days. FACTS PERTAINING TO CASE 98-23343 34. On or about June 27, 1997, Jean Barwick ("Barwick") entered into a written contractual agreement with San Juan to construct a swimming pool and screen enclosure. 35. The contract price was twenty-six thousand thirty-seven dollars ($26,037.00). 36. On or about September 15, 1997, Respondent obtained permit number 16276 from the Hardee County Building Department and work began on the project. 37. On or about January 12, 1998, Hardee County performed an inspection where they indicated the pool pump was installed contrary to the National Electric Code. 38. To date, Respondent has failed to correct the pool pump. 39. | Onor about March 19, 1998, Respondent ceased performing construction on the project. 40. At the time construction ceased, Respondent had accepted nineteen thousand five hundred eighty-three dollars ($19,583.00) from Barwick on the contract. 41. Respondent failed to perform any additional work on the project for a period of greater than ninety (90) days. 42. Barwick was forced to hire subsequent contractors to make repairs to the work performed by Respondent and to bring the project up to code. 43. Barwick paid a total of approximately seven hundred twenty-three dollars and _ forty-four cents ($723.44) to subsequent contractors. 44. The work performed by Respondent included deficiencies, including but not limited to, the following: a. The concrete deck is cracked in several spots, has a large corner patch, has large pits and checks in the surface and is very unlevel; b. The concrete deck poured at a grade running towards Barwick's home causing rain water to wash into her home; c. The pool installed approximately four (4) inches too high making it impossible to properly slope the deck away from the home; d. The pool installed approximately two (2) feet out of level; e. The cantilever forms used during the concrete pour had sagged and fell leaving an uneven deck edge and concrete poured over the ceramic tile border; and f. The solar panels had not been completed causing water to pour out of the solar endcaps. 45. Barwick has obtained an estimate to repair and complete the pool and deck for twenty-six thousand two hundred fifty dollars ($26,250.00). 46. Based on the fact much of the work done by Respondent will have to corrected or redone, the percentage completed by Respondent is less than the amount Barwick paid to Respondent at the time of the abandonment. 47. Respondent was not entitled under the terms of the contract to retain any money he received from Barwick above the amount completed on the project. 48. To date, Respondent has failed to return any money to Barwick which he received above the amount completed. COUNT VI 49. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and thirty-four through forty-eight as though fully set forth herein. 50. Based upon the foregoing, Respondent violated Section 489.129(1)(h)2., Florida Statutes, 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 the 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. COUNT VII 51. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and thirty-four through forty-eight as though fully set forth herein. 52. Based on the foregoing, Respondent violated Section 489.129(1)(k), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be deemed 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 days. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board to enter an Order imposing one or more of the following penalties: place the license on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to the 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 __ day of ZY 8 , 2000. Co hee £ D’dSoxd By: Cathleen E. O’Dowd Lead Construction Attorney (PcP) Ayan | Alo, BCOD Division IL: Aeith Lawson + Suean SbhK4es COUNSEL FOR DEPARTMENT: Robert A. Crabill Assistant General Counsel F | L E D FL Bar Number: 0134473 Department of Business and Professional Regulation Department of Business and DEPUTY CLERK Professional Regulation Northwood Centre sccm random Michel 1940 North Monroe Street Tallahassee, FL 32399-2202 pare D-AY- 2000 Case Nos: 98-22173, 98-22174, 98-23343

Docket for Case No: 01-000263PL