DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. CASE NO. 99-00803 BALBIR S. KANDOLA, Ol-2oer Respondent. / ADMINISTRATIVE COMPLAINT ~ Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board (“CILB”), against BALBIR S. KANDOLA, ("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 at all times material hereto has been, a Certified Roofing Contractor, in the State of Florida, having been issued License number CC C057495. 3. Respondent's last known address is 1538 N.E. 17th Terrace, Ft. Lauderdale, Florida 33304. 4. At all times material hereto, Respondent was the licensed qualifier for Gold Star Roofing, Inc. (hereinafter referred to as "Gold Star"). 5. At some time or times, including some time or times prior to April 2, 1998, Frank Bellino (“Bellino”) was a Gold Star employee, salesperson, or agent. 6. On or about April 2, 1998, Bellino on behalf of Gold Star entered into a written contract with Jaime and Addy Catrillo to re-roof and apply water sealer to the rear portion of the roof, replace fascia, paint the fascia and soffit, and install one door and repair door jamb at the Carrillos’ home at 1012 N.W. 29th Avenue, Miami, Florida, for $3,060.00. 7. On or about May 28, 1998, Bellino on behalf of Gold Star entered into a written contract with Jaime and Addy Carrillo that superseded the April 2, 1998 contract and that called for. Gold Star to remove and replace the roof of the entire house, to replace rotted patio area beams, to replace all rotted wood, and to install one door jamb, for $8,710.00. 8. Pursuant to the contracts, the Carrillos made payments on or about the following dates and in the following amounts: April 2, 1998, $1,560.00; April 8, 1998, $750.00; and May 28, 1998, $3,200.00, for a total of $5,510.00. The payments were made by checks payable, at Bellino’s request, to Bellino. “9. ” During the period from approximately April 6, 1998 until approximately April 8, 1998 Gold Star replaced a section of fascia wood, painted the fascia, and replaced a door. Thereafter — Gold Star performed no further work. 10. Gold Star’s failure to perform further work after 2 | approximately April 8, 1998 constituted abandonment because it | was without just cause or because it was pursuant to Gold Star’ s ; termination of the project without just cause. | 11. At the time of abandonment, the percentage of completion was less than the percentage of the contract price paid, Gold Star was not entitled to retain the excess funds under the terms of the contract, and Gold Star never refunded any | : ; portion of the excess funds to the Carrillos. COUNT I 12. Petitioner realleges and incorporates the allegations , ; set forth in Paragraphs 1 through 11 as though fully stated herein. i 13. Based upon the foregoing, the Respondent is guilty of having 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, dneluding the reason for termination, or fails to perform cause for ‘90 ‘consecutive days. count “rr ne - 4 14. Petitioner realleges and incorporates the allegations set forth in Paragraphs 1 through il as “though fully stated _ herein, 15. Based upon the foregoing, the Respondent is guilty of having violated Section 489.129(1) (h)2., Florida Statutes (1997), 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 total percentage of the contract price paid to the contractor at 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 that 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 on 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 promlgated “thereunder. | | | epee cower opin SAT HERR SH, Signed this ] aU day of COUNSEL FOR DEPARTMENT: Theodore R.. Gay Senior Attorney Department of Business and Professional Regulation 401 NW 2 Avenue #N607 Miami, FL 33128 ° (305) 377-7115 TRG/ 12/6/00 Pig~ cae #99-00803 PCP: January 31, 2001 Lawson & Weller Assistant General Counsel FIL Department of Business and professional Regulation AGENCY CLERK curk Suyoky Le Won an pate_H7 1A 7 ROO| eis aeetach ae anatane

Docket for Case No: 01-003034PL