— OA-4.308 LC Copor= 7 Ein Se STATE OF FLORIDA = DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2001-07439 GUILLERMO L. FIGUEROA, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against GUILLERMO L. FIGUEROA, ("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 C007512. His license is currently in active status. 3. Respondent's last known address is 7615 Pine Tree Lane, West Palm Beach, Florida 33406. 4. At all times material hereto, the Respondent was licensed as qualifying agent for European Tile and Marble, Inc., having been issued license number QB 0007215. 5. Section 489.1195(1)(a), Florida Statutes, provides that, “[a] qualifying agent is a primary agent unless he or she is a secondary qualifying agent under this section. 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. On or about May 8, 2000, Respondent, doing business as European Tile and Marble, Inc., contracted with Norberto Rivera (“Rivera”) to re-roof the Rivera residence located at 6101 Waterview Circle, Palm Springs, Florida. 7. The contract price was $8,500.00 and the Respondent was paid in full. 8. The terms of the contract included a five (5) year warranty for all workmanship, but did not contain information about the consumer’s rights under the Construction Industries Recovery Fund. 9. On or about June 29, 2000, Respondent applied for the permit with the Village of Palm Springs Building Department, but as of January 8, 2002 had not obtained a final roofing inspection for the Rivera project. 10. Subsequent to the completion of the project, Rivera noticed the roof leaking after the first rain. 11. Respondent was notified of the leak and attempted to repair the leak three (3) times. 12. Onor about December 13, 2001, Rivera filed a complaint against Respondent with the Village of Palm Springs Building Department. Subsequent to Rivera’s complaint, Palm Springs Building Official, Betty Lowe met with Respondent who promised to return and repair the roof leak. 13. | Respondent has not returned to the Rivera home to make the repair. COUNT I 14. The Petitioner realleges and incorporates by reference the allegations set forth in the foregoing paragraphs one (1) through thirteen (13) as though fully set forth herein. 15. Based on the foregoing, Respondent violated Section 489.129(1)(), Florida Statutes by abandoning the Rivera roof project and failing to properly complete the job, including failure to make the repair and failure to obtain final inspection. COUNT II 16. The Petitioner realleges and incorporates by reference the allegations set forth in the foregoing paragraphs one (1) through thirteen (13) as though fully set forth herein. 17. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting through his failure to honor the contracted warranty. COUNT J 18. The Petitioner realleges and incorporates by reference the allegations set forth in the foregoing paragraphs one (1) through thirteen (13) as though fully set forth herein. 19. Section 489.1425(1), Florida Statutes provides 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. 20, Based on the foregoing, Respondent violated Section 489.129(1)(i), 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. 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. Signed this @ th, day of ON , 2002. PCP: March 26, 2002 Burke/Alford COUNSEL FOR DEPARTMENT: Angela Desmond Aeo Assistant General Counsel Department of Business and DEPUTY ’ Professional Regulation WY . 1940 North Monroe Street CLERK Brandon [Tlichols Tallahassee, FL 32399-2202 pare_ 5 -/4- CO ACD/dmb _Case # 2001-07439 om qosee 3300 MAPP RD. PALM CITY, FL 34990 (561) 662-ROOF PALM BEACH (772) 260-ROOF PALM CITY ROOFING CONTRACTORS el 10 2002 ane pad STATE OF FLORIDA Department of Business and Professional Regulation Case No: 2001-07439 Subject: Service of Administrative Complaint To Whom It May Concern: 1 am writing this letter in response to a complaint that was filed by Mr. Norberto Rivera with the Department of Business and Professional Regulation. I am very grateful that I have been given this opportunity to dispute these charges. I do dispute the facts alleged in the Administrative Complaint, specifically HR -#9-#11 & #12. Fact #8 Twas not aware of the fact that I had to include information regarding Construction Industry Recovery Fund on all my contracts. I will see sure to include it in all my future contracts. Fact #9 I have not been given a final inspection due to the leak problems at the Rivera residence. Fact #11 We have been at the Rivera residence over 10 times trying to resolve this issue. We did a water test, re- tested, repaired, removed mansard panels, water tested, resealed wall flashing, installed new wall flashing, re-flashed new wall flashing. We sealed the “W” flashing that divides unit 61A (Rivera) with 61B (Horn). We did not know what else to do. At this point I felt embarrassed, I could not find were the water was coming in at and the Rivera’s were loosing there patience. Fact #12 Once the Rivera’s filed a complaint that’s when I knew I had to figure this out. I started investigating further and into the Horn residence (61B), and found by looking into the windows, that she had major ceiling damage which was clear evidence that the Horn’s were having roof problems. The wall and ceiling that divided the Rivera’s residence with the Horn’s residence was the same wall that I saw the damage through the window. Unfortunately the Rivera’s live in a Quad Townhouse and share the same roof deck with the Horn’s. I even contact the owner of 61B, Ms. Horn and asked her if she was having roof problems. She did indeed have roof problems but was not able to afford a new roof. I did advise her that her leak was causing damage to the Noberto residence. I met with Betty Lowe and we both went down to 6101 Waterview Cir to meet Mr. Norberto Rivera. Mr. Rivera was home and we went into the bathroom were the leak was taking place. She saw it was at the dividing wall between 61A and 61B. We both went over to see the owner of 61B to tell her what was going on. She advised Betty Lowe that she could not afford a new roof. Betty Lowe did see the ceiling damage at the Horn residence. After we left the Horn residence we discussed options. She said she had some Grant money she could use in cases like this, but she would have to apply for it. The bottom line was that Mrs. Horn needed a new mansard roof and a new Flat Deck. I advised Betty Lowe that I would supply the labor for free just to get Mr. Rivera’s leak to stop. Betty Lowe advised me I needed to be an approved Roofing contractor to do jobs that involved Grant Money. She advised that I should look into it to see ifI could apply for the program. These disputes are not excuses, they are just explanations of what actually happen. Mr. Rivera has filed a complaint, and with every right. His roof is leaking and he paid for a new roof. He does not what to hear that his leak is coming from his next door neighbor, and he could care less about “W” Flashing or how many times I came to his house to attempt to repair the leak. All he wants is for his roof to stop leaking. You can’t blame him, I don’t. I was under the impression ( or ASSUMED ) that Mr. Rivera’s roof problems were solved when I was called by the Palm Springs Building Department. They advised me that Mrs. Horn came down to Town Hall and filled out a roofing permit and that she got a roofing company to do her roof. Not that I wouldn’t donate my time to fix the problem, I was just happy to hear Mrs. Horn was finally getting a new roof. The bottom line is that a consumer is not happy and your job is to find out why. I will do everything in my power to make Mr. Norberto Rivera a satisfied customer. Sincerely, p Gyifértho Figueroa

Docket for Case No: 02-004308PL