CY 115.9 pq, STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2002-004523 JAMES C. CARDER, SR., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against James C. Carder, Sr., ("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 Residential Contractor in the State of Florida having been issued license number CR C000610. 3. Respondent's last known address is Belmont Homes, Inc., 2321 S. Ridgewood Ave., Edgewater, FL 32141. 4. At all times material hereto, Respondent qualified Belmont Homes, 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. In August 2000, Respondent, d/b/a Belmont Homes, Inc., entered into an agreement with Arthur and Ruby Carpenter to perform extensive remodeling work on the Carpenters’ existing home located at 2115 South River Side Dr., Edgewater, FL. 7. According to the agreement Respondent was to be paid cost plus 30 percent. 8. Despite the Carpenters’ repeated requests, Respondent did not provide them with a written contract. 9. Respondent, James C. Carder, Sr., is also know as “J.C.”, and he is the Carpenters’ next door neighbor. 10. Respondent failed to obtain a Certificate of Authority for Belmont Homes, Inc. as required by Section 489.119(2), Florida Statutes. 11. The City of Edgewater is the authority which issued the permits. The City’s procedure, where a general contractor is responsible for construction of a roof, is to issue a building permit reflecting the name of the roofing subcontractor hired by the contractor to perform the roofing work. 12. On January 23, 2001, Belmont Homes submitted a building permit application on the Carpenters’ home describing the work to be done as the addition of 1869 square feet and remodeling of the existing kitchen and some rooms. The permit application lists the mechanical, plumbing and electrical subcontractors, however, it states under roofing subcontractor “none yet.” 13. On March 15, 2001, Belmont Homes submitted a second building permit application which described the work to be done as adding a covered porch to the main home. This permit application listed roofing contractor no. CC C042828, which was the certified roofing license number issued to Jean Paul Menard. 14. | Mr. Menard has no knowledge of why his license number appears on the second permit application for the renovation of the Carpenter home. 15. On or about March, 2001, Respondent’s son, James Carl Carder, Jr. “Carl”, introduced Wayne Mechtel to the Carpenters as the roofing contractor for the project. Carl told the Carpenters that Mr. Mechtel was a good friend that he’s known for a long time. 16. | Mr. Mechtel bragged to Charlie Herron, a neighbor of the Carpenters, that “JC promised that no one else would get to do this roof but me.” 17. On March 22, 2001, Wayne Mechtel issued a proposal to “JC” to install a metal roof on the Carpenters’ home for $24,225.00. 18. Mr, Mechtel did not possess a roofing license at the time he issued the proposal. 19. Mr. Mechtel formerly held a registered roofing license, however, the status of that license was null and void at all relevant times. 20. On February 9, 2001, a Notice and Order to Cease and Desist was served upon Mr. Mechtel in DBPR Case No. 2001-01010, and unrelated case, for submitting a written bid to remove and replace a metal roof on a building without having a license. 21. — Section 489.115(1), Florida Statutes, provides that no person may engage in contracting without first being certified or registered in the proper classification. 22. Section 489.13, Florida Statutes, provides that any person performing an activity requiring licensure as.a construction contractor is guilty of unlicensed contracting ifhe does not hold a valid, active certificate authorizing him to perform such activity. 23. Respondent presented Mr. Mechtel’s reroofing proposal to the Carpenters and Tequested them to directly pay Mr. Mechtel $10,000.00 as a deposit on the work. Respondent told the Carpenters that they would catch up later. 24. Respondent told the Carpenters that he only used licensed and insured subcontractors. 25. Mr. Mechtel installed a metal roof on the Carpenters’ home, and the Carpenters paid him a total of $24,225.00 for the work. 26. In addition to the $24,225.00 that they paid to Mr. Mechtel, the Carpenters paid _ Respondent a total of $136,153.72 for his renovation work. 27. On November 16, 2001, the first permit, obtained by Respondent on the renovations, passed final inspection. 28. According to the Carpenters, the roof installed by Mr. Mechtel has leaked since day one. 29. Mr. Mechtel made several attempts to correct the leak problem, but was unsuccessful. 30. Mr. Mechtel delivered a copy of the warranty that the Carpenters have to Respondent. 31. The Carpenters had a certified roofer, a roofing consultant, and a certified general contractor view the work and issue reports. Each noted deficiencies and recommended that the roof be removed and replaced. 32. On or about November 19, 2001, the Carpenters had their metal roof repaired and replaced by a subsequent certified roofing contractor, and paid him $32,300.00. COUNT I 33. Petitioner realleges and incorporates the allegations set forth in paragraphs 1-32 as _ though fully set forth herein. 34. Section 489.119(2), Florida Statutes, provides that 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 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 certification or registration through a qualifying agent and under the fictitious name, if any. 35. Based on the foregoing, Respondent has violated Section 489.129(1)(i), 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. COUNT 36. Petitioner realleges and incorporates the allegations set forth in paragraphs 1-32 as though fully set forth herein. 37. Based on the foregoing, Respondent has violated Section 489.129(1)(d), Florida Statutes, by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificate holder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT It 38. Petitioner realleges and incorporates the allegations set forth in paragraphs 1-32 as though fully set forth herein. rn re 39. Based on the foregoing, Respondent has violated Section 489. 129(1)(m), Florida Statutes, 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 Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Chief Construction Attorney COUNSEL FOR DEPARTMENT: Oh oy od by Pet G ew hawy toned William Oglo Wmo Assistant General Counsel D Department of Business and Professional Regulation t \\L Ea Regulation Office of the General Counsel f Busines ERK 1940 N. Monroe Street, Ste. 60 Department Bury a Tallahassee, FL 32399-2202 WMO/kn Paagsel cur 900> Case # 2002-004523 9-20 DATE PCP Found: January 28, 2003 Members: Michelle Kane & Maggie Alford

Docket for Case No: 04-001152PL