STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I 0 qy 2} DEPARTMENT OF BUSINESS AND “2 | (27 PROFESSIONAL REGULATION, OD7 . 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 af 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.] 19(2), Florida Statutes, ‘ 7. On or about May 29, 1996, Respondent entered into a contract with Pegpy 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 (381,500.00), 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, II]. 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, Fo date, Respondent has failed to retum any money to La Barbera, which he teceived 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 tealleges 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 COUNT I aes 22, through eighteen as though fully set forth herein, 23. Section 489.1425(1), fe Material does not exceed $2,500, Based on the foregoing, Respondent Violated Section 489.129(1)(j), Florida Statutes, by failing in any material respect COUNT In 25, through eighteen as though fully set forth h erein, 26, Section 489.119(6)¢b), Florida Statutes, Provides that the registration or Certification number of each Contractor or Certificate or organization shall appear j Advertisement, Tegardless 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)G), 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(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 is engaged or under contract as a contractor. COUNT V 30. Petitioner tealleges 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 fo 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 COUNT vir 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 Chapters 489, 455, Florida Statutes, and/or the rules Promulgated thereunder. 4 Signed this //* dayof__Cetele_ , 2000, 5 yo / Km By: John J, Matthews Assistant General Counsel FILED ~ Department of Businass and Prolassianal Regulation COUNSEL FOR DEPARTMENT: DEPUTY CLERK AN ion C. Marino, Assistant General Counsel { A , MM AL; l }, Robert A. Crabill, Assistant General Counsel CLERK % , Department of Business and ~ ~- C 140 Professional Regulation DATE 10-16-2000 1940 North Monroe Street Northwood Centre Tallahassee, FL 32399-2202 GD ECM/sme #99-03531 @ 4-27-06

Docket for Case No: 03-001137PL