Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: BARCLAY ALAN MAVIS
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: Fort Lauderdale, Florida
Filed: Jul. 14, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 18, 2004.
Latest Update: Dec. 23, 2024
04 Jul 14 PH 2:29
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AOMINIST RA ie
HEARINGS
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
DIVISION I
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner, na fare Pe
ou: 34 YS PL
Case No. 2003-092728
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 July 21, 2003 the Contractor entered into a written contract with
Chudhry Mustasam (hereinafter referred to as “Mustasam”) to perform kitchen and other
remodeling work at Mustasam’s residence located at 4270 NW 53 Court, Coconut Creek,
Florida.
7. The contract price was Eighteen Thousand dollars ($18,000.00).
8. On or before November 4, 2003 Mustasam paid the Contractor a total of Sixteen
Thousand Two Hundred dollars ($16,200.00).
9. By on or about July 22, 2003, 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, and the Coconut Creek building department
required one or more building permits for the project.
10. Onor about September 2003 the Contractor commenced performance of work
pursuant to the contract without obtaining a building permit. |
11. The Contractor failed to complete the project by three different anticipated
completion dates of October 17, 2003, October 31, 2003, and November 21, 2003, which the
Contractor gave to Mustasam in writing.
12. Subsequently Mustasam hired other contractors to complete the project.
13. The Contractor agreed to give Mustasam a credit for amounts paid by Mustasam
to others to complete the project, however the total of those amounts exceeded the unpaid
balance of the contract price. As a result, the Contractor owed Mustasam a refund.
14. The Contractor calculated the amount of the refund to be Two Thousand Two
Hundred Seventy Six dollars and Twenty Seven cents ($2,276.27), but the Contractor failed to
refund any money to Mustasam.
COUNTI
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)@), Florida
Statutes (2002), 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 HL
18. Petitioner realleges and incorporates the allegations set forth in paragraphs one
through fourteen as though fully set forth in this Count I.
19. Based upon the foregoing, the Respondent violated Section 489. 129(1)(o), Florida
Statutes (2002), by proceeding on any job without obtaining applicable local building department
permits and inspections.
COUNT it
20. Petitioner realleges and incorporates the allegations set forth in paragraphs one
through fourteen as though fully set forth in this Count Il.
21. Based upon the foregoing, the Respondent violated Section 489.129(1)(m),
Florida Statutes (2002), 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.
Signed this ao dey of Ppl , 2004.
T keeweoe. B.C.
FILED d
f Business and Professional Regulation THEODORE R. GAY
Deparuman® DEPUTY CLERK ASSISTANT GENERAL COUNSEL
mae oor
Sad
DATE sd 4
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 #2003-092728
PC Found: April 27, 2004
Div |: Kalmanson / Del Vecchio
Docket for Case No: 04-002445PL
Issue Date |
Proceedings |
Aug. 18, 2004 |
Order Closing File. CASE CLOSED.
|
Aug. 18, 2004 |
Motion to Cancel Hearing and to Relinquish Jurisdiction (filed via facsimile).
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Jul. 23, 2004 |
Order of Pre-hearing Instructions.
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Jul. 23, 2004 |
Notice of Hearing (hearing set for September 7 through 10 and 14 through 16, 2004; 9:30 a.m.; Fort Lauderdale, FL).
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Jul. 22, 2004 |
Order of Consolidation. (consolidated cases are: 04-002428PL, 04-002446PL, 04-002429PL, 04-002430PL, 04-002431PL, 04-002432PL, 04-002433PL, 04-002434PL, 04-002435PL, 04-002436PL, 04-002437PL, 04-002438PL, 04-002439PL, 04-002440PL, 04-002441PL, 04-002442PL, 04-002443PL, 04-002444PL, 04-002445PL)
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Jul. 21, 2004 |
Petitioner`s Response to Initial Order and Motion to Consolidate (of case no. 04-2428, 04-2429, 04-2430, 04-2431, 04-2432, 04-2433, 04-2434, 04-2435, 04-2436, 04-2437, 04-2438, 04-2439, 04-2440, 04-2441, 04-2442, 04-2443, 04-2444, 04-2445, and 04-2446) filed via facsimile.
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Jul. 15, 2004 |
Initial Order.
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Jul. 14, 2004 |
Election of Rights filed.
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Jul. 14, 2004 |
Administrative Complaint filed.
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Jul. 14, 2004 |
Agency referral filed.
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