STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, om 146 [PC Case No. 2001-05114 vs. NEVILLE A. CHAN, Respondent. / ADMINISTRATIVE COMPLAIN’ T Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against NEVILLE A. CHAN, ("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 C007503. 3. Respondent's last known address is 6470 SW 41* Street, Miami, Florida 33155. 4. At all times material hereto, Respondent was the licensed qualifier for Arconsys, inc. (hereinafter referred to as "Contractor"). 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. COUNT I 6. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five as though fully set forth in this Count I. 7. On or about August 26, 1999, Marta Gonzalez (hereinafter referred to as “Customer”) entered into a contract with Jorge Hernandez, d.b.a. Dynamic Construction USA Corp. (hereinafter referred to as “Unlicensed Contractor”) to perform demolition and remodeling work at the Customer’s house located at 6248 SW 26" Street, Miami, Florida 33155, for $25,900.00. 8. The Customer made payments to the Unlicensed Contractor for the contracted work on or about the following dates and in the following amounts: August 27, 1999, $7,700.00; May 2, 2000, $6,000.00; May 5, 2000, $7,700.00; May 18, 2000, $1,600.00; May 19, 2000, $7,700.00; and November 13, 2000, $2,000.00; for a total of $32,700.00. The Customer also paid the Unlicensed Contractor $1,650.00 for plans and permit fees. 9. On or about October 18, 1999, the Contractor applied to, and /or allowed his certification number to be used by the Unlicensed Contractor to apply to, the Miami-Dade County Building Department for a building permit for the Customer’s remodeling project, and on or about April 18, 2000, permit #2000-063020 was issued. 10. The Contractor did not enter into a contract to perform the contracting at the Customer’s house, and the Contractor knew or should have known that the Unlicensed Contractor was not properly registered, certified, qualified, or licensed to practice contracting in the State of Florida. 11. Based on the foregoing, the Respondent violated Section 489.129(1)(d), Florida Statutes (1998 Supp.), by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT IT 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and seven through ten as though fully set forth in this Count II. 13. Section 489.127(4)(b) and (c), Florida Statutes, provides: A certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, may not knowingly allow his or her certification number or registration number to be used by a person who is not certified or registered as provided for in this chapter, or used by a business organization that is not qualified as provided for in this chapter to engage in the business, or act in the capacity, of a contractor. A certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, may not apply for or obtain a building permit for construction work unless the certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, or business organization duly qualified by said contractor, has entered into a contract to make improvements to, or perform the contracting at, the real property specified in the application or permit. 14. Based on the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (1998 Supp.), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT It 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five, seven through ten, and thirteen as though fully set forth in this Count HT. 16. In obtaining the aforesaid permit, the Contractor certified to the Miami-Dade County Building Department that he was the contractor of record for the Customer’s project and that the work would be performed in accordance with the laws of the State of Florida and Dade County. 17. The foregoing constitutes a misleading, deceptive, or fraudulent representation made in or related to the practice of the Contractor’s profession. 18. Section 455.227(1)(a), Florida Statutes, provides that a licensee may be disciplined for making a misleading, deceptive, or fraudulent representation in or related to the practice of the licensee’s profession. 19. The foregoing constitutes a violation of Section 455.227(1)(a), Florida Statutes. 20. Based on the foregoing, the Respondent violated Section 489.129(1)(c), Florida Statutes (1998 Supp.), by violating any provision of Chapter 455. COUNT IV 21, Petitioner realleges and incorporates the allegations set forth in paragraphs one through five, seven through ten, thirteen and sixteen through nineteen as though fully set forth in this Count IV. 22. ‘In or around April 2001, after receiving the last draw payment, the Unlicensed Contractor failed to return to the Customer’s home to complete the project. 23. In or around April 2001, the Contractor advised the Customer that he would take responsibility for completing the construction project. 24. Thereafter, without just cause or notice to the Customer, the Contractor stopped working without completing the construction project. 25. The Unlicensed Contractor failed to pay for services and supplies, which resulted in a lien being recorded on March 6, 2001, against the Customer’s property by Amaralto Concrete & Pump, Inc. in the amount of Five Hundred Five dollars and Four cents ($505.04). 26. Both the Unlicensed Contractor and the Contractor failed to remove the lien from the Customer’s property. 27. In an effort to complete the project herself, the Customer made payments totaling at least $3,960.00 directly to various subcontractors and/or suppliers. 28. Based upon the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes (1998 Supp.), by abandoning a construction project in which the contractor is engaged or under contract as a contract. 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 29. Petitioner realleges and incorporates the allegations set forth in paragraphs one 2 through five, seven through ten, thirteen and sixteen through nineteen and twenty-two through twenty-seven as though filly set forth in this Count V. 30. Based upon the foregoing, the Respondent violated Section 489.129(1)(g)1, Florida Statutes (1998 Supp.), 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. COUNT VI 31. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five, seven through ten, thirteen and sixteen through nineteen and twenty-two through twenty-seven as though fully set forth in this Count VI. 32. Section 489.119(2), Florida Statutes, provides: if the applicant proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any other name 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 fora certificate of authority through a qualifying agent and under the fictitious name, if any. 33. The Contractor has failed to obtain a Certificate of Authority as a qualifying business organization for Arconsys, Inc. 34. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (1998 Supp.), by failing in any material respect to comply to 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 [G4 dayof_ 4c’ —_ 2002. ZF CONSTRUCTION ATTORNEY PCr. -2D>-O7 Horr |\tHuabomed FIL LED COUNSEL FOR DEPARTMENT: siness and Pro Department of BEPUTY CLERK Assistant General Counsel Department of Busi id renen eer a eee 401 NW 2 Avenue #N607 Miami, FL 33128 (305) 377-7115 Regulation Theodore R. Gay TRG/sb 8/13/02 Case #2001-05114 ~]

Docket for Case No: 03-001461PL