Up PSTRL - fm Con TA araeee) <2 pu fey <2 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2001-09439 vs. WILLIAM C. ERWIN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against WILLIAM C. ERWIN, ("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 a Certified General Contractor, in the State of Florida, having been issued license number CG C007486. The Respondent is, and has been since on and after March 27, 2001, a Certified Pool/Spa Contractor, in the State of Florida having been issued license number CP C057266. 3. Respondent's last known address is 1210 Gator Trail , West Palm Beach, Florida 33409. 4. At all times material hereto, Respondent was licensed as the qualifying agent for Palm Beach Pools & Spas, 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. 6. On or about January 18, 2001, the Contractor using his general conitractor’s license #CG C007486, which had been inactive since July 5, 2000, entered into a written contract with Lisa Lamb (“Customer”) to construct a swimming pool at 737 Ardmore Road, West Palm Beach, Florida. 7. The contract price was Forty Seven Thousand, Twenty Five dollars ($47,025.00). 8. On or about March 30, 2001, a contract credit was given to the Customer in the amount of Three Thousand, One Hundred Forty Nine dollars ($3,149.00) for deletion of the pool surface area making the total contract price Forty Three Thousand, Eight Hundred Seventy Six dollars ($43,876.00). 9. In or around January 2001 through June 2001, the Customer paid the Contractor 4 total of Forty Two Thousand, Seven Hundred Seventy Six dollars ($42,776.00) of the contract price. 10. The contract did not include a notice explaining the consumer’s rights under the Construction Industries Recovery Fund. 11. The contract included a one (1) year warranty against defects from the date of completion at no cost to the Customer. 12. In or around July 2001, the Contractor completed the swimming pool. 13. Inor around August 2001, the swimming pool began to leak. 14. The Contractor has failed to repair the leaks in the swimming pool. COUNTI 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count I. 16. Section 489.1425, 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 Recevery Fund, except where the value of all labor and materials does not exceed $2,500. 17. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (2000), 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. COUNT IZ 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count II. 19. Section 489.116(1), Florida Statutes, provides: a certificateholder or registrant may not engage in contracting unless the certificateholder or registrant has an active status certificate or registration. A certificateholder or registrant who engages in contracting without an active status certificate or registration is subject to disciplinary action as provided in ss. 455.227 and 489.129, Florida Statutes. 20. Based upon the foregoing, the Respondent violated Section 489. 129(1)(), Florida Statutes (2000), 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. COUNT It 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count II. 22. Chapter 61G4-17.001(14)(a), Florida Administrative Code, states: Misconduct or incompetency in the practice of contracting as set forth in Section 489. 129(1)(n), Florida Statutes, shall include, but is not limited to failure to honor a warranty. 23. Based upon the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes (2000), by committing incompetency or misconduct in the practice of contracting. 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 Signed this uy & day of COUNSEL FOR DEPARTMENT: L E 0 Regulation Theodore R. Gay VL - «pusiness a6 protessional Assistant General Counsel 8 gl Department © DEPUTY CLERK Department of Business and Professional Regulation Pyrardon CLERK is of Q _ 002 401 NW 2 Avenue #N607 Miami, FL 33128 TRG/sb Case #2001-09439 wn A-BY-2004 a

Docket for Case No: 03-003359PL