04 JUL 14 PM 2:19 OWiGHIE C, ADMINISTRA HF ARINGS STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, 0 U ; BY ‘ ag fl _ Case No. 2003-056438 VS. 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 NE 10" Avenue, Oakland Park, Florida 33334. 4. At all times material hereto, Respondent was licensed as the qualifying agent for Homeco Unlimited, Inc. (hereinafter referred to as "Contractor"). Homeco Unlimited, Inc. has a certificate of authority having been issued license number QB0012279. 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 October 24, 2002, the Contractor entered into a written agreement with Teresa Hassett and Diane Blazevich (hereinafter referred to as “Flassett”) entitled “Consideration Receipt” pursuant to the terms of which Hassett paid the Contractor Two Thousand Two Hundred dollars ($2,200.00) in exchange for the Contractor’s promise to perform «_. future work to be agreed upon by the Customer and Contractor.” 7. On or about November 13, 2002, the Contractor entered into a written contract with Hassett to remodel the kitchen at Hassett’s residence at 1736 N.W. 39% Street, Oakland Park, Florida, for Thirteen Thousand Six Hundred Twenty Five dollars ($13,625.00). Pursuant to the contract, on or about November 13, 2002, Hassett paid the Contractor Five Thousand Eight Hundred Twelve dollars ($5,812.00), and the Contractor credited toward payment of the contract price One Thousand dollars ($1,000.00) of the Two Thousand Two Hundred dollars that Hassett paid to the Contractor pursuant to the Consideration Receipt. 8. On or about November 16, 2002, the Contractor entered into a written contract with Hassett to convert the carport at Hassett’s residence at the same address into a garage, for Fourteen Thousand Four Hundred Sixty dollars ($14,460.00). Pursuant fo the contract, on or about November 16, 2002, Hassett paid the Contractor Five Thousand Seven Hundred Eighty Four dollars ($5,784.00), and the Contractor credited toward payment of the contract price One Thousand Two Hundred dollars ($1,200.00) of the Two Thousand Two Hundred dollars that Hassett paid to the Contractor pursuant to the Consideration Receipt. 9. By on or about November 16, 2002, the Contractor had received, as initial payment, money totaling more than 10 percent of the contract price for both contracts. The Contractor failed to apply for a building permit within thirty (30) days thereafter, or at any other time. The City of Oakland Park building department required one or more building permits for both projects. 10. The Contractor performed or attempted to perform, but failed to complete, the work called for by the kitchen remodeling contract. After about January 17, 2003, the Contractor failed, without just cause and notice to Hassett, to perform further work, thereby abandoning the project. 11. Onor about May 6, 2003, an architecture firm retained by Hassett evaluated the Contractor’s work and concluded that it was worth Two Thousand Five Hundred Eighty Five dollars and Fifteen cents ($2,585.15). 12. With respect to the kitchen remodeling project, from on or about October 24, 2002 through December 23, 2002, Hassett paid the Contractor a total of Thirteen Thousand Four Hundred Forty One dollars and One cent ($13,441.01). 13. The Contractor failed, without just cause and notice to Hassett, to commence the carport conversion project, thereby abandoning the project. 14. The Contractor has failed or refused to return to Hassett any of the money that Hassett paid to the Contractor. COUNT I 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count I. 16. Section 489.126(2)(a), Florida Statutes, states: “A contractor who receives, as initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement, or construction to residential real property must apply for permits necessary to do work within 30 days after the date payment is made, except where the work does not require a permit under the applicable codes and ordinances.” 17. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (2001), 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 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count II. 19. Based upon the foregoing, the Respondent violated Section 489.129(1)(o), Florida Statutes (2001), by proceeding on any job without obtaining applicable local building department permits and inspections. COUNT If 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count II. 21. Based upon the foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes (2001), by abandoning a construction project in which the contractor is engaged or under contract as a contractor. 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 IV 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count IV. 23. Based upon the foregoing, the Respondent violated Section 489. 129(1){g)2., Florida Statutes (2001), 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 has abandoned the 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, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned. 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 ae of Pro | 2004. T hws. P.. E. THEODORE R. GAY ?d ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel Department of Business and F \ L E D 4 pequiation Professional Regulation apes and profession rd ness 8685 NW 53™ Terrace, #100 Department DUTY CLERK Miami, FL 33166 (305) 470-6783 Ext. 2225 P } CLERK 2 TRG/sb Case #2003-056438 PC Found: April 27, 2004 Div |: Kalmanson / Del Vecchio fon]

Docket for Case No: 04-002435PL