& “SY o7 "SB STATE OF FLORIDA My no DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION fn, CONSTRUCTION INDUSTRY LICENSING BOARD Way bh, . DIVISION I YY teas OW Tia, DEPARTMENT OF BUSINESS AND as We PROFESSIONAL REGULATION, Petitioner, Case Nos. 98-11864 98-11877 vs. Ol- C38OPL ARMANDO CAMEJO, Respondent. / . ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ARMANDO CAMEJO, ("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 C005231. 3. Respondent's last known address is 1535 Zuleta Avenue, Coral Gables, Florida 33146. 4, At all times material hereto, Respondent was the licensed qualifier for A-1 Professional General Contractor, Inc. (hereinafter referred to as "A-1") 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 August 15, 1996, A-1 entered into a written contract with John and Kathleen Denworth to renovate the Denworths’ house at 80 Terracina Avenue, Golden Beach, Miami-Dade County, Florida for $41,000.00. 7. The contract called for an initial payment of 50% of the contract price. Accordingly, on August 15, 1996 the Denworths paid that initial payment to A-1, in the amount of $20,500.00. 8. A-1 failed to inform the Denworths clearly and conspicuously in writing how and where to file a claim and an explanation of the consumer’s rights under the Construction Industries Recovery Fund as required by Section 489.1425, Florida Statutes (1995). 9. Based upon the foregoing, the Respondent is guilty of having violated Section 489.129(1)(j), Florida Statutes (1995), by having failed to in any material respect to comply with the provisions of Part I of Chapter 489, Florida Statutes. COUNT II 10. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six, and seven as though fully set forth in this Count II. 11. In addition to the $20,500.00 payment alleged in paragraph 7 above, pursuant to the contract the Denworths also made payments on or about the following dates and in the following amounts: August 30, 1996, $8,200.00; October 25, 1996, $8,200.00; May 20, 1997, $3,784.00 (with A-1’s consent, paid directly to supplier, Colina Window); and June 16, 1997, $3,700.00, for a total of $44,384.00. 12. The contract specified that “Contractor agrees to prosecute work...and to complete the work within a reasonable time...” A~-1 originally estimated that it would take approximately five weeks to complete the work. In June 1997 the work was still-not complete, and on or about June 23, 1997 the Denworths fired A-1. On or about August 9, 1997 the Denworths and A-1 agreed to reinstate the contract. On or about August 11, 1997 A-1 terminated the contract without just cause or notice to the Denworths. 13. The contract called for disputes arising out of the contract to be resolved by arbitration, In March 1997 the Denworths filed for arbitration and on June 26, 1997 an arbitrator issued an award in favor of the Denworths and against A-1 in the principal amount of $20,526.20 plus arbitration fees of $1,100.00. In october 1997 the Denworths filed for arbitration again based on the reinstated contract, and on March 18, 1998 a second arbitration award was issued in favor of the Denworths and against A-1, in the amount of $36,268.05. 14. Based upon the foregoing, the Respondent is guilty of having violated Section 489.129(1)(k), Florida Statutes (1995), 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 III 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four as though fully set forth in this Count III. 16. On or about July 15, 1997, A~-1 entered into a written contract with Myriam Paulin to re-roof Ms. Paulin’s house at 215 N.E. 150° street, North Miami, Miami-Dade County, Florida, for $4,000.00. 17. The contract did not contain a written statement explaining the consumer’s rights under the Construction Industries Recovery Fund as required by Section 489.1425, Florida Statutes (Supp. 1996). 18. Based upon the foregoing, the Respondent is guilty of having violated Section 489.129(1)(j), Florida Statutes (1995), by having failed to in any material respect to comply with the provisions of Part I of Chapter 489, Florida Statutes. COUNT _IV 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four and sixteen as though fully set forth in this Count IV. 20. Ms. Paulin made payment in full of the contract price, and on or about August 28, 1997, A~1 executed and delivered to Ms. Paulin a document entitled “Final Release” acknowledging receipt of the $4,000.00. 21. On August 5, 1997 A-1 obtained building permit 1997113837 from Miami-Dade County for the work. A-1 performed work, but in September 1997, without just cause and notice to Ms. Paulin, A-1 terminated the contract. At that time, the roof leaked and A-1’s work had not received a passing final inspection by Miami-Dade County. After September 1997, A-1 performed no further work. 22. Miami-Dade County’s last inspection of A-1’s work was an inspection called for on August 15, 1997, the “before anchor sheet is covered” inspection. That inspection was performed on August 18, 1997, and the work did not pass that inspection. 23. Based upon the foregoing, the Respondent is guilty of having violated Section 489.129(1) (k), Florida Statutes (1995), 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 V 24. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, sixteen, and twenty through twenty-two as though fully set forth in this Count V. 25. Based upon the foregoing, the Respondent is guilty of having violated Section 489.129(1) (p), Florida Statutes (1995), by proceeding on any job without obtaining applicable local building department permits and inspections. COUNT vi 26. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-five as though fully set forth in this Count VI. 27. At all times material hereto, A-1 failed to obtain certification or registration as a business organization as required by Section 489.119(2), Florida Statutes (1995). 28. Based upon the foregoing, the Respondent is guilty of having violated Section 489.129(1)(j), Florida Statutes (1995), by having failed in any material respect to comply with the provisions of Part I of chapter 489, Florida Statutes. COUNT VII 29. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-eight as though fully set forth in this Count VII. 30. At all times material hereto the Respondent failed to supervise the operations of A~1, including financial matters and field work at all sites, as required by Section 489.1195, Florida Statutes (1995). 31. Based upon the foregoing, the Respondent is guilty of having violated Section 489.129(1)(j), Florida Statutes (1995), by having failed in any material respect to comply with the provisions of Part I of Chapter 489, Florida Statutes. 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 Ahab) , 2000. Lore K dowd CATHLEEN E. O’ DOWD LEAD ATTORNEY COUNSEL FOR DEPARTMENT: (WP) April Alo, Ad0D Divisienxr: iti Theodore R. Gay Tt Gene Simmons + fauu! McK Senior Attorney Department of Business and Professional Regulation F | L E D 401 NW2A N607 ; Miami, FL ‘ote. . Department of Business and Professional Regulation (305) 377-7115 DEPUTY CLERK TRG/ cure Brardent Michele M788 DATE 5 -A4-2000 Case #98-11864 & 98-11877

Docket for Case No: 01-000380PL