Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: NICHOLAS GERARD JODHAN
Judges: DANIEL MANRY
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: Oct. 23, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, January 23, 2003.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
DIVISION I : 1924 p}
DEPARTMENT OF BUSINESS AND DA Y362 FU
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’489.119(2), Florida Statutes,
7. On or about May 29, 1996, Respondent entered into a contract with Peggy
Cammaratta La Barbera (“La Barbera”) to construct a single family home to be located at 335]
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.
Il. 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 return 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 ($4,029.87) 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
name where the applicant is doing business as a sole Proprietorship, the business organization
must apply for a certificate of authority through a qualifying agent and under the fictitious name,
if any.
21. Based on the foregoing, Respondent violated Section 489.129 GQ), 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(2), Florida Statutes by
failing or refusing to obtain a certificate of authority for NGJ Constructors, Inc.
COUNT 0
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), Florida Statutes, 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 material does not exceed $2,500.
24. 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 489.1425( 1), Florida Statutes.
COUNT m
25. Petitioner realleges and incorporates the allegations set forth in Paragraphs one
through eighteen as though fully set forth herein.
26. Section 489.1 19(6)(b), Florida Statutes, provides that the registration or
certification number of each contractor or certificate or authority number for each business
Organization shall appear in each offer of Services, business Proposal, bud, contract, or
advertisement, regardiess of medium, as defined by board ruled, 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 Tespect 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(6)(b), Florida Statutes.
COUNT IV
28. Petitioner realleges 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)(), Florida
Statutes, by abandoning a construction project in which the contractor is 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 fully 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 is less than the
percentage of the total contract price paid to the contractor as of the time of abandonment.
COUNT VI
32. Petitioner realleges 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 contro} 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 respectfully requests the Construction Industry Licensing
Board enter an Order imposing one or more of the following penalties: place on probation,
reprimand the licensee, tevoke, 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.
+4
Signed this //_ dayof_ Cetele— , 2000.
By: John J. Matthews
Assistant General Counsel
FILED
Department of Business and Professianal Regulation
COUNSEL FOR DEPARTMENT: DEPUTY CLERK
[Sten C. Marino, Assistant General Counsel {2 , MY tL: l /
Robert A. Crabill, Assistant General Counsel CLERK 0 ,
Department of Business and - ( ad C YX X¥ )
Professional Regulation DATE | A
1940 North Monroe Street
Northwood Centre
Tallahassee, FL 32399-2202
rem ECM/sme
Case #99-03531
PP G.Q7-00
Docket for Case No: 02-004362PL