Sp pre 8 Bea Rice Bat” ~§ PHIZ 42 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD ~ DIVISION I fo DEPARTMENT OF BUSINESS AND 0 [ 3 Z - C _ PROFESSIONAL REGULATION, — Petitioner, , DBPR Case No: 98-23107 . 98-23443 v. , 99-01637 SIMON ANDREW AGER, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing 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. Board agains: SIMON ANDREW AGER, (“Respondent”), and says: i i 2. ‘Respondent is, and has been at all times material hereto, a Certified G Contractor in the State of Florida, having been issued license number CG C056685. 3. Respondent's last known address is 2820 Hibiscus Drive West, Largo, Florida 33786-3530. 4. At all times material hereto, Respondent was the licensed qualifier for Donaldson Home Corporation (QB 0001945). 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. Facts Pertaining to Case Number 98-23107 6. On or about January 5, 1997, Les and Ingrid Davidson ("Davidson") entered into a written contractual agreement with Donaldson Homes Corporation for the purchase of a lot and construction of a two-story block home at 1500 Alexander Way, Largo, Florida. 7. The total contract price was one hundred fifty-one thousand eight hundred dollars ($151,800.00). 8. . 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. 9. The contract failed to contain Respondent's license number as required by Section 489.119(6)(b), Florida Statutes. 10. On or about March 27, 1998, Respondent obtained permit number 51728 from the City of Largo Building Department and work commenced on the project. 11. On or about October 10, 1998, Respondent ceased performing construction on the project. es organization ‘shall appear in ‘eacl 12, Respondent failed to perform any additional work on the project for a period of greater than ninety (90) days and on or about October 30, 1998, the permit was voided and a new permit was issued to Davidson making Davidson the contractor of record. 13. At the time construction ceased, Respondent had accepted approximately ninety- one thousand two hundred ninety-six dollars ($91,296.00) on the contract. 14. On or about September 2, 1998, a valid claim of lien was filed by C Sterling Quality Roofing, Inc. for services and/or goods supplied to Donaldson Home Corporation for this project. 15. Respondent and/or Donaldson Home Corporation failed to have the claim of lien removed from the property within seventy-five (75) days of the date of the lien. 16. On or about September 29, 1998, the Davidsons paid two thousand three hundred seventy-six dollars ($2,376.00) to have the lien removed from their property. COUNT I “17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through sixteen as though fully set forth herein. 18. _ Section 489. 119(6)(b), “Florida Statutes, provides that the registration, or oo o certifi ication | number of each contractor or certificate of. authority: number for each busines . advertisement, vegas of medium, as defined byt board mule, used by that contractor or business organization j in ‘the p: © Practice eof c contracting. , business. propose, ‘bid, contract, or meee te ea ee ee ee T 19. Based upon the foregoing, Respondent violated Section 489.129(1)(@), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a tule or lawful order of the board. COUNT I 20. Petitioner realleges and incorporates the allegations set forth in paragraphs ¢ one through sixteen as though fully set forth herein. 21. Section 489.1425, 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 $2,500.00. 22.- Based upon 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. COUNT Il . 23. Petitioner Tealleges and incorporates the allegations set forth in paragraphs one - through sixteen as thou in 24, Based upon the foregoing, _ Respondent violated Section 489. 1290), Florida Stats, by abandoning a construction project in which the contractor is engaged o or ‘under Contract as a contractor. A Project may be presumed abandoned after 90 days i if the contractor terminates the project without Just cause or without proper notification to the owner, “including st Stak nananarivin Se the reason for termination, ‘or fails to perform work without j just ¢ cause for 90, consecutive days. ' e Seam: Sehecse REI COUNT IV 25. Petitioner realleges and incorporates the allegations set forth in paragraphs one through sixteen as though fully set forth herein. 26. Based upon the foregoing, Respondent violated Section 489. 129(1)(h)1., 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 valid liens have been recorded against the property of a contractor’s customer for supplies or services ordered by the contractor for.the customer’s job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens. | Facts Pertaining to Case Number 98-23443 27. On or about July 17, 1998, Kirk and Kimberly Dixon contracted with Donaldson Home Corporation for the purchase of a lot and construction of a single family residence at 1240 Alexander Ways Largo, Florida. chee sthghen soba tat pantie tees) et 28. The tora contract price was one = hundred. ‘thiry-nine thousand nine hundre: nineteen dollars and sixty cents ($139,919.60). — rights under the Construction Industries Recovery Fund as required by Section 489.1425(1), Florida Statutes. 30. The contract t failed to contain 1 Respondent’ s “Ticense number as s Tequired by Section 489. 119(6)(b), Florida Statutes. The contract failed to contain a written statement explaining the consumer's ; REAR RRR RR ES fener eR 31. Respondent accepted six thousand nine hundred ninety-five dollars ($6,995.00) as a down payment on the contract. ; - 32. Respondent failed to pull a permit for the contracted work. 33. To date, Respondent has not commenced the contracted work, 34. To date, Respondent has not returned any of the money paid by the Donaldsons pursuant to the contract. COUNT V 35. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty-seven through thirty-four as though fully set forth herein. 36. Based upon the foregoing, the 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 presumed abandoned after 90 days if the a 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. a 37. Petitioner T Tealleges and incorporates ‘the allegations s set forth j in ‘paragraphs one through five : and twenty-seven through thiny- four as though fully set forth herein. — _ 38. " Secti n 489. 19(6)(b),. “Florida ‘Statutes, provides that the registration or certification number of each contractor or certificate of authority number for each business _ organization shall appear in each offer of services, business proposal, bid, contract, or iit im evened aca SBE CS ERE SR 2a Re TE causes financial harm to a customer. Financial mismanagement or Misconduct occurs when the advertisement, regardless of medium, as defined by board tule, used by that contractor or business organization in the practice of contracting. 39. Based upon 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. COUNT VII 40. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty-seven through thirty-four as though fully set forth herein. 41. Section 489.1425, Florida Statutes, provides that any agreement or contract for tepair, 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 $2,500.00. 42. . Based upon the foregoing, Respondent violated Section 489.129(1)(j), Florida Statutes, by failing in any material Tespect to comply with the provisions of this part or violating a rule or awful order of the board. COUNT Vin through five a and owenty- seven through thirty-four as though fully set forth herein. 44. Based upon the foregoing, Respondent : violated Section 489. 129(1)(h)2.., Florida Statutes, by commiting mismanagement or misconduct in 1 the practice of contracting that contractor has abandoned a customer’s job and the percentage of completion i is less than the = : 4B. Pe i ioner relleges and j Incorporates the allegations set, forth i in paragraphs o one pee 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. Facts Pertaining to Case Number 99-01637 45.° On or about November 30, 1997, Royd and Marilyn Sealy ("Sealy") contracted with Donaldson Home Corporation for the purchase of a lot and construction of a single family residence at 1271 Alexander Way, Largo, Florida. 46. The total contract price was one hundred thirty-nine thousand fifty dollars ($139,050.00). 47. The contract failed to contain a written statement explaining the consumer's Tights under the Construction Industries Recovery Fund as required by Section 489.1425(1), Florida Statutes. , . oe | 48. The contract failed to contain Respondent's license number as required by Section 489.119(6)(b), Florida Statutes. 49. On or about August 10, 1998, Respondent obtained permit number 53291 from ign somaecrarocietahars nee nt eset ANS . the € City of Largo Building De; artment and work | comm nenced on the project, / 50 On or about October 14, 1998, Respondent ceased performing construction on. Z “the project. “S1. _ Respondent filed to perfor any additional. work on the ‘Proj t “for greater than ninety (90) days. : a oo caput eh Cae Le 7 +b i On ORR sixty- y-five dollars ($63,605.00) as S payment on the contract. Se ee tes aR araaes as “organization “Shall appear in each ‘offer. of. nie. “business ‘proposal, bid, contract, or mace UnAER RE ESET T WITS ove ee ee oo 53. To date, the only work completed by Respondent was the pouring of a concrete slab. COUNT IX 54. Petitioner realleges and incorporates’ the allegations set forth in paragraphs one through five and forty-five through fifty-three as though fully set forth herein. 55. Based upon the foregoing, the 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 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 X 56. Petitioner realleges and incorporates the allegations set forth in paragraphs one , . : through five and forty-five through fifty-three as though fully set forth herein. 57. Section 489. 196)(0), Florida Statutes, provides that the registration or certification number of each contractor or -cenifi icate of authority number for each busi Statutes, by failing in any material respect 1 to 0 comply with the provisions of this part or violating a rule or lawful order of the board. mE a te ae SS lie aun meal COUNT XI _ 59. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and forty-five through fifty-three as though fully set forth herein. 60. Section 489.1425, 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 $2,500.00. 61. Based upon 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. COUNT XII 62. Petitioner realleges and incorporates the allegations set forth in | paragraphs one through five and forty-five through fifty-three as though fully set forth herein. 63. 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 ntage of comp tion is less than the on 5 ccfassaeencniocsiteni ee | Percentage ‘of the tou contract price paid to ‘the ‘contractor 2 as of the time of ‘abandonment, Soc BE eles ten unless the contractor is s entitled to Fetain such funds under the terms of the contract or refunds tone neice eng at ae t. i 10 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_ & dayof_« Nuv-e_ _, 2000. fon By Cathleen E. O’Dowd | Lead Construction Attorney : ; | COUNSEL FOR DEPARTMENT: + of Businass and Professional Regulation DEPUTY CLERK Robert A. Crabill, Assistant General Counsel Ellen C. Marino, Assistant General Counsel Department of Business and "” Professional Regulation Northwood Centre _ --1940 North Monroe Street _ “Tallahassee, FL 32399-2202 aR arid IEE SSeS Hep ES ¢ Case #98. 23107, 3. Si hes RACIECMnh LEP: spo - Buake+ 4 perme ll

Docket for Case No: 01-003089PL