STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, OL . jy aq ie Case No. 2003-074868 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 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 January 3, 2003, the Contractor entered into a written contract with Michael Plante (hereinafter referred to as “Plante”) to perform remodeling work at Plante’s residence at 2937 N.W. 9th Terrace, Wilton Manors, Florida, for Eighteen Thousand dollars ($18,000.00). 7. Pursuant to the contract, Plante made payments to the Contractor on or about the following dates and in the following amounts: December 30, 2002, One Thousand Eight Hundred dollars ($1,800.00); January 3, 2003, Seven Thousand Two Hundred dollars ($7,200.00); January 22, 2003, Four Thousand Eighty Nine dollars and Ninety Eight cents ($4,089.98); and February 4, 2003, Four Thousand One Hundred dollars ($4,100.00), for a total of Seventeen Thousand One Hundred Eighty Nine adollars and Ninety Eight cents ($17,189.98). 8. The Contractor performed or attempted to perform, but failed to complete, the work called for by the contract. After about February 2003, the Contractor failed, without just cause and notice to Plante, to perform further work, thereby abandoning the project. 9. At the time of abandonment, the percentage of completion was less than the percentage of the contract price paid, and the Contractor failed or refused to return to Plante any No of the money that Plante paid to the Contractor. COUNTI 10. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine as though fully set forth in this Count I. 11. Based upon the foregoing, the Respondent violated Section 489. 129(1)(j), Florida Statutes (2002), 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 IT 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine as though fully set forth in this Count II. 13. Based upon the foregoing, the Respondent violated Section 489.1 29(1)(g)2., Florida Statutes (2002), 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 refiunds the excess finds 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. 7) gt Signed this 29 dey of Apr 2004. THEODORE R. GAY ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: « Requiation Theodore R. Gay Department of Bue ERK ~ | Assistant General Counsel D . Department of Business and , Professional Regulation cs TE OOOH 8685 NW 53 Terrace, #100 5: -| “A Miami, FL 33166 DATE (305) 470-6783 Ext. 2225 TRG/sb Case #2003-074868 PC Found: April 27, 2004 ; Div t: Kalmanson / Del Vecchio

Docket for Case No: 04-002439PL