Soe nr mn KL a ate _ STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I . . O ~ 30° DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 98-10976 JAMES R. BROWN, Respondent. Tf ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JAMES R. BROWN, ("Respondent"), and says: 1. Petitioner is 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 C020634. 3. Respondent's last known address is 54222 14" CT. S., Boca Raton, Florida 33486. 4. At all times material hereto, Respondent was the licensed qualifier for Oasis Mob RUG eRE |S efaeaie Mannie a BS Construction, Inc. (hereinafter referred to as "Contractor"). 5. Section 489.1 195(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 September 21, 1997, the Contractor contracted with Mary Flores (hereinafter referred to as “Customer’) to renovate a home at 7161 NW 25 Court, Sunrise, Florida. 8. The contract price for the aforesaid renovation was Nineteen Thousand, Five Hundred Forty Bight dollars and Fifty Three cents ($19,548.53). 9. On or about December 10, 1997, the Customer paid the Contractor Four Thousand, Five Hundred dollars ($4,500.00) toward the aforesaid contract. 10. From in or r around November 19, 1997, through i in or around 4 January 18, 1998, the Customer, through a HUD vending agent, paid the Contractor Five Thousand, Six Hundred Twenty Three dollars and Eighteen cents ($5, 623. 18), ‘U. . “On or about October 14, 1997, the Contractor + applied for a building permit from the City of Sunrise Building Department. 12. Onor about February 5, 1998, the Contractor obtained permit number 98-1308 from the City of Sunrise Building Department. 13. In or around July 1997, the Contractor commenced interior demolition work on the porerercr ese ee | cml meamiehapinlat iin aaa Customer’s home. 14. The Contractor cominenced work on the Customer’s home prior to the issuance of a permit. 15. Based on the foregoing, the Respondent violated Section 489.129(1)(p), Florida . Statutes (1996 SUPP.), by proceeding on any job without obtaining applicable local building department permits and inspections. COUNT 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and seven through fourteen as though fully set forth in this Count II. | 17. The work that the Contractor performed resulted in structural damage to the Customer’s home, that includes, but is not limited to: damage to 6 trusses and the cutting of the concrete tie beam that undermined the reinforcing bars at the top of the beam. 18. The Contractor failed to correct the structural damage to the Customer’s home. 19. | The damage to the roof framing trusses and concrete tie beam constitutes negligence in the practice of contracting which results in a significant danger to ite or property. "20. Based on the © foregoing, the Respondent violated Section 489. 129010), Florida Statutes (1996 § SUPP. , by committing gross ss negligence, repeated negligence, c or vegigence resulting in a significant danger to life or property. ~~ COUNT IM ai. ‘Petitioner realleges’ and ‘incorporates the allegations set forth in paragraphs one through five, seven through fourteen and seventeen through nineteen as though fully set forth in this Count III. i ok & t PNG Teme ps ae 22. In or around March 1998, the Contractor ceased work on the Customer’s project without just cause or notice to the Customer. 23. Based on the foregoing, the Respondent violated Section 489.129(1)(1), Florida Statutes (1996 SUPP.), 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 IV 24. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five, seven through fourteen, seventeen through nineteen and twenty two as though fully set forth in this Count IV. 25. Atthe time the Contractor ceased work on the Customer’s project, the Contractor had received approximately Fifty percent (50%) of the contract price. 26. The percentage of work that the Contractor performed was less than the percentage of the contract price paid to the Contractor. 27, Based on the foregoing, the Respondent violated Section 489.129(1)(h){2), Florida Statutes (1996 SUPP.), 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 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. i a ae COUNT V 28. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five, seven through fourteen, seventeen through nineteen, twenty two and twenty five through twenty six as though fully set forth in this Count V. 29. The Contractor left the Customer’s property exposed to the elements and allowed the property to further deteriorate, (30. ‘The additional damage to the Customer’s property has caused the Customer further financial harm. 31. The foregoing constitutes fraud or deceit in the practice of contracting. 32. Based on the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes (1996 SUPP), by committing fraud or deceit in the practice of contracting. COUNT VI 33. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five, seven through fourteen, seventeen through nineteen, twenty two, twenty five through twenty six and twenty nine through thirty one as though fully set forth in this Count VI. 34, Section 489.1425, Florida Statutes, provides that: “(1) Any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a foe: -written statement explaining consumer hts under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2, 500. ” 35. The Contractor failed to provide the Customer with written notice of consumer rights under the Construction Industries Recovery Fund. 36. Failing to provide the Customer with written notice of consumer rights under the Sian SRE Re erompenmeie es 13 Construction Industries Recovery Fund constitutes a violation of Section 489.1425, Florida Statutes. 37. Based on the foregoing, the Respondent violated Section 489.129(1)Qj), Florida Statutes (1996 SUPP.), 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, 4s 5, Florida Statutes, and/or the rules promulgated thereunder. | Signed this 7 + __ day of __ Mey , 2000. Lahkte £ Ardond Cathleen E. O’Dowd Lead Attorney (FOP) April at, 2000 COUNSEL FOR DEPARTMENT: ; Diane Snell Perera Division LT: Gene Simmens/ Oh ul MC itp ic . Senior Attorney . ; Department of Business and Professional Regulation F | L E D Office of the General Counsel Department of Business and Professional Regulation 401 NW 2 Avenue #N607 oo _. DEPUTYCLERK oe Miami, FL 33128 (305) 377-7115 case BaaredrthTihele 98-10976 3/20/00 DATE 5. 7 ay ~ A000 DSP/ms

Docket for Case No: 01-003478PL