PM 2:19 OV ISION o: STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, ; oY: 34> PL : Case No. 2003-057041 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 18, 2002, the Contractor entered into a written agreement with Mauricio and Jessica Forero (“Foreros”) to perform kitchen remodeling work at the Foreros’ residence located at 1742 S.W. 103™ Lane, Davie, Florida. 7. The contract price was Twenty One Thousand Ninety Five dollars ($21,095.00). 8. Pursuant to the contract, the Foreros paid the Contractor the following amounts on or about the following dates: One Thousand dollars ($1,000.00) on October 2, 2002; Nine Thousand Five Hundred Forty Seven dollars and Fifty cents ($9,547.50) on October 18, 2002; and Three Thousand dollars ($3,000.00) on November 26, 2002, for a total of Thirteen Thousand Five Hundred Forty Seven dollars and Fifty cents ($13,547.50). 9. By on or about October 18, 2002, the Contractor had received, as initial payment, money totaling more than 10 percent of the contract price. The Contractor failed to apply for a building permit within thirty (30) days thereafter. The Town of Davie building department required one or more building permits for the project. On or about January 24, 2003, the Contractor applied for a building permit. 10. | On or about November 27, 2002, the Contractor commenced the project by removing the Foreros’ existing kitchen cabinets and appliances. Thereafter, without just cause and notice to the Foreros, the Contractor failed to perform further work pursuant to the contract, thereby abandoning the project. 11. The Contractor failed to return any of the money that the Foreros paid to the Contractor. COUNT I 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count I. 13. 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.” 14. Based upon the foregoing, the Respondent violated Section 489.129(1)(), 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 I 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count IL 16. 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 I 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count III. 18. Based upon the foregoing, the Respondent violated Section 489. 129(1)G), 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 19, Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count Tv. 20. 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 Jess 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 respectfiilly 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. yn . Signed this ah day of ___ Prova | -, 2004. / Liss. B.. CG. THEODORE R. GAY “ ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel Department of Business and Professional Regulation 8685 NW 53” Terrace, #100 Miami, FL 33166 (305) 470-6783 Ext. 2225 TRG/sb Case #2003-057041 il 27, 2004 pc Found: Ap! 4 / Del Vecchio Div |: Kalmanso

Docket for Case No: 04-002436PL