STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I ra) 4 z 1a 1 2) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 99-03531 NICHOLAS GERARD JODHAN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against NICHOLAS GERALD JODHAN ("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 C055214. 3. Respondent's last known address is 13014 North Dale Mabry, Suite 164, Tampa, Florida, 33618. 4, At all times material hereto, Respondent was the licensed qualifier for NGJ Constructors, Inc. - 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. 6. Respondent failed to obtain a certificate of authority for NGJ Constructors, Inc, as required by Section’489.1 19(2), Florida Statutes. 7. On or about May 29, 1996, Respondent entered into 4 contract with Peggy Cammaratta La Barbera (“La Barbera”) to construct a Single family home to be located at 3351 Steeplechase Road, Wesley Chapel, Florida, 33543, 8. The total contract price was eighty-one thousand five hundred dollars ($81,500.00), which included seven thousand five hundred dollars ($7,500.00) for purchase of the property. Therefore, the actual contract price for the construction of the house was seventy- four thousand dollars ($74,000.00). 9. The contract failed to contain a notice explaining the consumer's rights under the Construction Industry Recovery Fund as required by Section 489, 1425(1), Florida Statutes. 10. The contract failed to contain Respondent’s license number, 11, On or about December 19, 1996, Respondent obtained permit number 265807 from the Pasco County Building Department and commenced work immediately thereafter. 12. In or around July 1997, Respondent and/or NGJ Constructors, Inc. ceased performing work on the project. 13. Respondent failed to perform any additional work on the project for a period greater than ninety (90) days. 14, At the time Respondent ceased construction, the Pasco County Building Department estimated that the project was approximately twenty percent (20%) complete. 15. At the time construction ceased, Respondent had accepted from La Barbera twenty-five thousand nine hundred dollars ($25,900.00) or thirty-five percent (35%) of the contract price. 16. Respondent was not entitled under the terms of the contract to retain any money he received from La Barbera above the amount completed under the contract, 17, To date, Respondent has failed to returm any money to La Barbera, which he received above the amount completed on the contract. 18. La Barbera paid approximately eighty thousand six hundred six dollars and twenty-five cents ($80,606.25) to complete the project as contracted, which is four thousand twenty-nine dollars and eighty-seven cents (34,029.87) over and above the original contract Price. COUNT I 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eighteen as though fully set forth herein. 20. — Section 489.119 (2), Florida Statutes, provides that an applicant who proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant's legal name or a fictitious Lv>) SS sh SAS SS ae SGA 2 the business Organization under the fictitious name, 21. Based on 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 rule or lawful order of the board, including, as here, Section 489.1 19(2), Florida Statutes by failing or refusing to obtain a certificate of authority for NGJ Constructors, Inc. COUNT 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eighteen as though fully set forth herein, 23, Section 489.1425(1), i Fund, except where the value of all material does not exceed $2,500. 24. Based on the foregoing, Respondent violated Section 489,129( 1)Q@), Florida Statutes, by failing in any material respect 25. 26. advertisement, Tegardless of medium, as defined by board tuled, used by that contractor or business organization in the Practice of contracting, 27. Based on 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, including, as here, Section 489.] 19(6)(b), Florida Statutes. COUNT IV 28. Petitioner Tealleges and incorporates the allegations set forth in Paragraphs one through eighteen as though fully set forth herein. 29. Based upon the foregoing, Respondent violated Section 489.129(1)(k), Florida Statutes, by abandoning a construction project in which the contractor js engaged or under contract as a contractor. COUNT V 30. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nineteen as though filly set forth herein, 31. Based on the foregoing, Respondent violated Section 489.129(1)(h)2, 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 the Contractor has abandoned a Customer’s job and the percentage of completion i is less than the percentage of the total contract Price paid to the contractor as of the time of abandonment, COUNT VI 32. Petitioner tealleges and incorporates the allegations set forth in paragraphs one through nineteen as though fully set forth herein. 33. Based on the foregoing, Respondent violated Section 489.129(1)(h)3, 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 the contractor’s job has been completed, and it is shown that the customer has had to pay more for the contracted job than the original contract Price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of the circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer. COUNT VII 34. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eighteen as though fully set forth herein, 35. Based on the foregoing, Respondent has violated Section 489.129(1)(n), Florida Statutes, by committing incompetency or misconduct in the Practice WHEREFORE, Petitioner Tespectfilly 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 Tenewal of the certificate or registration, require financial restitution to a consumer, impose an administrative fine not to exceed $5,000 per violation, Tequire 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. +4 Signed this_ //_ dayof Cetelc— , 2000, is) yo °K 241 By: John J. Matthews Assistant General Counsel FILED Department of Business and Professianal Ragulata COUNSEL FOR DEPARTMENT: sO a sean Reguaian AMien C. Marino, Assistant General Counsel { 4 , 7) tL; f }, Robert A. Crabill, Assistant General Counsel CLERK % . Department of Business and - - ( X00 Professional Regulation DATE —10-|6-2000 1940 North Monroe Street Northwood Centre Tallahassee, FL. 32399-2202 TH ECM/sme Case #99-03531 POP 4.2706

Docket for Case No: 02-004260PL