L4-Mb To fl PILED tree 02 APR 30 PM &: 42 OWS: ADMINIS TRALiVE HEARINGS STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION | DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2000-01583 JOSEPH THOMAS LINDENBERGER, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JOSEPH THOMAS LINDENBERGER, ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165, F lorida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a Certified Residential Contractor in the State of Florida, having been issued license numbers CR CA20020 and CR C020020. 3. Respondent's last known address is 17962 Alexander Run, Jupiter, Florida 33478. 4. At all times material hereto, Respondent was the qualifying agent for Lifestyle Homes, Inc. 5 . Atal times material hereto, the Florida Department of State, Division of Corporations, listed Lifestyle Homes, Inc., as an inactive corporation and Respondent as the sole Officer. 6. Section 489.1195(a), F lorida Statutes (A 999), 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. 7. On or about March 26, 1999, Respondent, doing business as Lifestyle Homes, Inc., contracted with Burt Tritscheller, ( hereinafter “Tritscheller”), for construction of a single family residence on Tritscheller’s property located at 9184 S.E. Mystic Cove Terrace, Hobe Sound, Florida. 8. Respondent did not include a written notice of the Construction Industries Recovery Fund with his contract. 9. The contract price was $160,959.00 and Lifestyle Homes, Inc. was paid approximately $140,719.20. 10. On or about May 15, 1999, a change order for a pool package allowance was agreed upon in the amount of $23,146.00. 11. On or about September 8, 1999, Respondent received a partial payment of $7,000.00. 12. Tritscheller began to receive Notices to Owner, and on or about February 24, 2000, Respondent agreed in writing to allow Tritscheller to use the remaining monies owed on the contract to pay unpaid subcontractors directly, including the unpaid balance due to the pool subcontractors Coral Concrete, RHR Pools, and Master Security. 13. The remaining $20,239.80 due on the original contract was used by Tritscheller to directly pay CMI Air Conditioning $4,750.00, Venture Flectric $6,404.00, and Ideal Roofing $7,760.00 for a total of $18,914.00, on or about January 21, 2000. 14. On or about February 14, 2000, Tritscheller sent Respondent a formal request for a Contractor’s Statement of Accounts. 15. Tritscheller completed the home by dealing directly with the subcontractors. 16. On or about February 16, 2000, Tristcheller obtained a Certificate of Occupancy from the Martin County Building Department. 17. This left approximately $1,325.80 remaining to pay on the original contract, and it was agreed by both Tritscheller and the Respondent that the contract was now paid in full. 18. On or about March 11, 2000, Respondent submitted a signed document as a Contractor’s Statement of Accounts, which indicated that approximately $70,274.43 of the money originally paid to Respondent remained unpaid to subcontractors. 19. On or about April 3, Tritscheller submitted to Respondent’s attorney @ list of Notices to Owner he had received from subcontractors and suppliers who had not been paid by Respondent. 20. Respondent’s attorney informed Tritscheller that proceeds from the pending sale of Respondent’s property would be divided between six other homeowners and the Tritschellers in an attempt to rectify any financial difficulties. 21. Tritscheller received approximately $16,113.03 from Respondent. 3 22. Several liens were placed on Tritscheller’s property by Respondent’s unpaid subcontractors. 23. On or about February 10, 2000, subcontractor Griffin and Wilson Stucco recorded a lien in the amount of $5,600.00. 24. Tritscheller made two partial payments for a total of $2,000.00. 25. On or about February 13, 2001, Tritscheller received a Satisfaction of Lien from Griffin and Wilson for paying the balance of the $5,600.00. 26. On or about February 17, 2000, subcontractor Dennis Marti Ceramic Tile and Marble, Inc. recorded a lien in the amount of $6,233.50. 27. Tritscheller made a partial payment of $3,115.00, leaving a balance of $3,118.50. 28. Recently this lien expired, but Tritscheller has been advised by his attorney that the lien could be a cloud on his title unless it is quieted. 29. On or about April 3, 2000, subcontractor American Palm Beach Garage Door recorded a lien in the amount of $1,216.00. 30. Tritscheller made a partial payment of $608.00 on or about May 15, 2000. 31. Tritscheller received a Final Release of Lien from American Palm Beach Garage Door on or about April 3, 2001. 32. According to Respondent’s Statement of Accounts, as of April 18, 2000, subcontractor American Aluminum was owed $701.40, 33. According to Respondent’s Statement of Accounts, as of April 18, 2000, Reynolds Millwork was owed $4,651.32. 34, According to Respondent’s Statement of Accounts, as of April 18, 2000, ww 4 Lumber was owed $7,626.75. 35. On or about May 9, 2000, Rinker Material Corporation recorded a lien in the amount of $1,195.03, which, as of April 30, 2001, was still in place. 36. Tristcheller paid subcontractor Builders First Source $249.10 to satisfy an unpaid order for window screens placed by Respondent. 37. Tritscheller paid subcontractor SVI Systems $645.00 to satisfy an unpaid order for a home security system placed by Respondent. 38. On or about May 4, 2000, subbcontractor Stuart Sod, Inc. recorded a lien in the amount of $2,118.60. 39. Tritscheller paid this jien in full and obtained a Satisfaction of Lien. 40. To date, Tritscheller has paid $10,217.00 to satisfy liens and unpaid bills. 41. To date, there is still an outstanding lien for $1,195.00 recorded by Rinker Material Corporation. 42. To date, there is no record that subcontractors American Aluminum, Reynolds Millwork, or WW Lumber were ever paid the total of $12,577.83 owed them by Respondent according to his Statement of Accounts. 43. Tristcheller never signed any document releasing Respondent, of Lifestyle Homes, Inc., from its original obligation to pay remaining monies owed to subcontractors oF suppliers for supplies or work performed before Tritscheller began paying the subcontractors directly. COUNT I 44, Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Forty-Three as though fully set forth herein. 5 45. Section 489.1425, Florida Statutes (1998), provides that any agreement for contract or 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. 46. Based on the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (1998), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board, to wit; Section 489. 1425, Florida Statutes (1998), by failing to provide notification of the Construction Industries Recovery Fund. COUNT IL 47. Petitioner realleges and incorporates the allegations set forth in paragraphs One through Forty-Three as though fully set forth herein. 48. Based on the foregoing, Respondent violated Section 489.129(1)(g)1, Florida Statutes (1998), 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 COUNT Ii 49. Petitioner realleges and incorporates the allegations set forth in paragraphs One through Forty-Three as though fully set forth herein. 50. Based on the foregoing, the Respondent violated Section 489. 129(1)(m), Florida Statutes (1998), by committing incompetency or misconduct in the practice of contracting. 6 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. / _, 2001. Signed this ork day of sal 7 | Robert A. Crabill Chief Construction Attorney COUNSEL FOR DEPARTMENT: f \ L E D , Department at pesiepay Profesional Regulation Theodore R. Gay Assistant General Counsel : ; and : fp LAr dnt Michele Angela C. Desmond pep . CLERK Assistant General Counsel DATE 9-3). 2001 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 ACD/bsb 2000-01583 pep: 5) [0 jfsbard & hoipt

Docket for Case No: 02-001676PL