STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, OD ~ 1 bo ¢P Cc VS. Case Nos. 2001-02594 & 2001-03339 BARCLAY ALAN MAVIS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against BARCLAY ALAN MAVIS, ("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 Building Contractor in the State of Florida, having been issued license number CB C052115. 3. Respondent's last known address is 4836 Northeast 10% Avenue, Oakland Park, Florida 33334-3906 4. At all times material hereto, Respondent was licensed as qualifying agent for HomeCo Unlimited, Inc., having been assigned certificate of authority number QB 0012279. 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. FACTS PERTAINING TO CASE NUMBER 2001-02594 6. On or about November 28, 2000, Respondent, doing business as HomeCo Unlimited, Inc. (hereinafter “HomeCo”), entered into a contract with Barbara Dion (hereinafter “Dion”) whereby HomeCo was to remodel the bathroom and install a patio enclosure and patio deck at Dion’s residence located at 2220 Nova Village Drive, Davie, Florida. 7. Subsequently, Dion decided not to have HomeCo complete the patio enclosure and the total cost of the contract was reduced to $6,820.00. 8. Dion paid HomeCo a deposit of $2,500.00 regarding the above scope of work and also for consideration for future work to be done on the remodeling of Dion’s kitchen. $1,000.00 was applied to the above contract terms, and $1,500.00 was held as consideration for the possible kitchen work. 9. Additionally, Dion paid HomeCo $5,138.00 and HomeCo received a check from State Farm Insurance in the amount of $8,222.46 for the remodeling job. The total paid to HomeCo for the project was approximately $14,860.46. 10. Dion maintains that she did not sign the State Farm Insurance check, but that her signature was forged by her son, while she was out of town, at the insistence of HomeCo. 11. Dion terminated HomeCo’s services before the completion of the project due to what she perceived as numerous workmanship problems. HomeCo never commenced work on the kitchen remodeling project and did not return any money to Dion that was paid for consideration of such services. 12. HomeCo failed to obtain a permit for the project until after Dion had terminated HomeCo’s services and they had already completed much of the work. 13. Dion obtained an inspection report, which detailed problems with HomeCo’s work. 14. Dion received an additional $7,500.00 from State Farm Insurance to complete the project, part of which she used to repair the work that HomeCo had completed. 15. Respondent failed to provide written notification on the contract of the Construction Industries Recovery Fund. COUNT I 16. _ Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 17. Based on the foregoing, the Respondent has violated Section 489. 129(1)(g)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 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 circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer. COUNT O 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 19. Based on the foregoing, the Respondent has violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. COUNT 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 21. Based on the foregoing, the Respondent has violated Section 489.129(1)(0), Florida Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections. COUNT IV 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen 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 labor and materials does not exceed $2,500. 24. —_ Based on the foregoing the Respondent has violated Section 489. 129(1)(4), 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 by failing to provide written notification on the contract of the Construction Industries Recovery Fund. FACTS PERTAINING TO CASE NO. 2001-03339 25, On or about March 16, 2001, Respondent, doing business as HomeCo, entered into a contract with Maryanne Corona (hereinafter “Corona”) whereby HomeCo was to perform kitchen updates and other improvements to her home located at 8013 Northwest 74 Terrace, Tamarac, Florida. 26, The total contract price was $6,425.00 plus and additional $115.00 for a subsequent change order. The contract excluded permit fees. 27. Corona paid HomeCo $3,891.25 toward the contract price and paid $218.76 to the tile supplier directly with the understanding she would get a credit from HomeCo for this amount. 28. | HomeCo began work on the project without obtaining a permit and on April 9, 2001, a “Red Tag” Stop Work Order was issued for doing interior work without a permit. 29. Corona then obtained an owner/contractor permit for electrical, plumbing, and interior building work. 30. | HomeCo ceased worked on the project in approximately early April 2001, leaving unfinished tile work, walls, and electrical wiring. 31. | HomeCo and Corona settled the matter civilly, with HomeCo agreeing to pay Corona $1,200.00. 32. Respondent failed to provide written notification on the contract of the Construction Industries Recovery Fund. COUNT V 33. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and paragraphs twenty-five through thirty-two as though fully set forth herein. 5 34. Based on the foregoing, the Respondent has violated Section 489. 129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. COUNT VI 35. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and paragraphs twenty-five through thirty-two as though fully set forth herein. 36. Based on the foregoing, the Respondent has violated Section 489. 129(1)(o), Florida Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections. COUNT Vit 37. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and paragraphs twenty-five through thirty-two as though fully set forth herein. 38. 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 labor and materials does not exceed $2,500. 39. Based on the foregoing, the Respondent has 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 by failing to provide written notification on the contract of the Construction Industries Recovery Fund. 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 6 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_34 pa day of Ma Ce lh {| , 2002. PCP: February 26, 2002 Chung/Lambert COUNSEL FOR DEPARTMENT: Petartmane of Fy l E D Theodore R. Gay ; , ud Assistant General Counsel Sem Zee and ‘ . Aci) Dare pen lek, Angela C. Desmond Assistant General Counsel ~ Q02 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 ACD 2001-02594 & 2001-03339 pe A

Docket for Case No: 03-001469PL