Division of Administrative Hearings . STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSION? CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2000-08478, 2000-08595 7633 FA GRAIG ARCURI, ol L 3 3 Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against GRAIG ARCURL (“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 C059991 by the Florida Construction Industry Licensing Board. 3. Respondent's last known addresses are: 5 Michael Court, Hudson, New York, 12534-1414; 1232 Market-Gircle, 7-G Box #11, Port Charlotte, Florida, 33953; and 2431 Old Coach Drive, Castleton On Hudson, New York, 12033-9501. 4. At all times material hereto, Respondent was licensed as qualifying agent for Mel Lockhart Construction under his Certified General Contractor’s license number CG C059991. 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 NO. 2000-08478 6. On or about July 22, 1999, Respondent, doing business as Basum Corporation, entered into a contract with Richard Driscol (hereinafter “Driscol”), to construct a new home for Driscol on Lot 53, Section 44 of Collingswood Point, with a physical address of 5117 Collingswood Boulevard, Port Charlotte, Florida. . 7. The total price of the aforementioned contract was $206,643.00 and Respondent was paid $144,650. 10 by checks made out to Basum Custom Homes. 8. Respondent failed to provide notification of the Construction Industries Recovery Fund. 9. In or around September of 1999, Respondent ceased work on the project. 10. Respondent failed to pay subcontractors for work and material provided for the construction of the home before work ceased on the home, and $1,737.48 in liens were recorded against the property. 11. Resporident failed to satisfy the liens. 2 12. Driscol paid approximately $65,000.00 to complete the residence, representing approximately $3,007.10 that-was paid over the original contract price. 13. . Atno time material hereto was Respondent licensed to engage in the practice of contracting under the business name Basum Corporation. COUNT I 14. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Thirteen as though fully set forth herein. 15. Based on the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes (1999), by acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificateholder or registrant as set forth on the issued certificate or registration, or in accordance with the personnel of the certificateholder or registrant as set forth in the application for the certificate or registration, or as later changed as provided in this part. COUNT I 16. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Thirteen as though fully set forth herein. 17. Based on the foregoing, the Respondent violated Section 489.129(1)(g)1, Florida Statutes (1999), 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. 3 COUNT II 18. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Thirteen as though fully set forth herein. 19. Based on the foregoing, the Respondent violated Section 489.129(1)(g)2, Florida Statutes (1999), 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. COUNTIV 20. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Thirteen as though fully set forth herein. 21. Based on the foregoing, the Respondent violated Section 489.129(1)(@), Florida Statutes (1999), 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 22. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Thirteen as though fully set forth herein. 23. Based on the foregoing, the Respondent violated Section 489.129(1)(m), Florida 4 Statutes (1999), by committing incompetency or misconduct in the practice of contracting. ~ COUNT VI 24. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Thirteen as though fully set forth herein. 25. Section 489.1425(1), Florida Statutes (1999), 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. 26. Based on the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (1999), 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(1), Florida Statutes. FACTS PERTAINING TO CASE NO. 2000-08595 27. On or about March 16, 2000, Respondent, doing business as Basum Corporation, contracted with Barbara James (hereinafter “James”), to construct a single-family home on Lots 13a and 14, Block 251, Section 14, Harbor Heights, Florida. 28. =‘ The total price of the aforementioned contract was $213,690.00. 29. James paid Respondent $21,869.00, representing slightly more than ten (10) percent of the contract price, toward the aforementioned contract price in the form of checks made payable to Basum Custom Homes. 30. Respondent failed to provide notification of the Construction Industries Recovery Fund. 31. Respondent failed to apply for a building permit and failed to commence work on the project. 32. Respondent failed to return the $21,869.00 deposit to James. 33. At no time material hereto was Respondent licensed to engage in the practice of contracting under the business name Basum Corporation. COUNT VII 34. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Five and Paragraphs Twenty-Seven through Thirty-Three as though fully set forth herein. 35. Section 489.126(2)(a), Florida Statutes (1999), provides that a contractor who receives, as initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement, or construction to residential real property must apply for permits necessary to do work within 30 days after the date payment is made, except where the work does not require a permit under the applicable codes and ordinances. 36. Based on the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (1999), 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 489.126(2)(a), Florida Statutes (1999). . COUNT VHT 37. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Five and Paragraphs Twenty-Seven through Thirty-Three as though fully set forth herein. 38. Based on the foregoing, the Respondent violated Section 489.129(1)(f), Florida Statutes (1999), by acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificateholder or registrant as set forth on the 6 issued certificate or registration, or in accordance with the personnel of the certificateholder or registrant as set forth in the application for the certificate or registration, or as later changed as provided in this part. COUNT Ix 39. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Five and Paragraphs Twenty-Seven through Thirty-Three as though fully set forth herein. 40. Based on the foregoing, the Respondent violated Section 489.129(1)(g)2, Florida Statutes (1999), 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. COUNT X 41, Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Five and Paragraphs Twenty-Seven through Thirty-Three as though fully set forth herein. 42. _ Based on the foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes (1999), 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 XI 43. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Five and Paragraphs Twenty-Seven through Thirty-Three as though fully set forth herein. 44. Based on the foregoing, the Respondent violated Section 489. 129(1)(m), Florida Statutes (1999), by committing incompetency or misconduct in the practice of contracting. COUNT XII 45. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Five and Paragraphs Twenty-Seven through Thirty-Three as though fully set forth herein. 46. Section 489.1425(1), Florida Statutes (1999), 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. 47, Based on the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (1999), 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(1), Florida Statutes (1999). WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, 8 Teprimand 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 7h day of Sul , 2001, Robert A. Crabill Chief Construction Attorney re, COUNSEL FOR DEPARTMENT: F | L E D on tation : Professional Regu Robert A. Crabill Department of BS at K Chief Construction Attorney Florida Bar No. 0134473 Mthichale Department of Business and ; . Professional Regulation CLERK 7 - | ~ 200 | Northwood Centre pate ___ 1940 North Monroe Street, Suite 60 Tallahassee, FL 32399-2202 RAC/acd 2000-08478 2000-08595 Le: lols Jtus bane ¢ karpt

Docket for Case No: 02-002633PL