Jan 1? 2006 16:04 1/17/2686 16:59 8589219186 DEPR PAGE 3/11 | 4 _ STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ° Petitioner, . | v. . - Case No. 2004039537 RALPH N. BATTAGLIA, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against RALPH N. BATTAGLIA ("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 bias been at all times material hereto, a Certified General Contractor in the State of Florida, having been issued license number CG C041817. 3. Respondent's last known address of record is 9284 Vista Del Lago Drive #34-A, Boca Raton, Florida 33433. | A, At all times material hereto, Respondent was the primary qualifying agent for Intercontinental Construction Corp ("ICC"). . 5. Section 489,1195(1)(a), Florida Statutes, provides that all primary qualifying Jan 1? 2006 16:04 PAGE 4/11 1/17/2686 16:59 8589219186 DEPR ) , ) 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 June 28, 2000, ICC entered into a contract with Michael Skiera ("Skiera") to construct a residence to be located at 4786 Ridgewood, Road, Boynton Beach, Florida, 7. The original contract price was $366,080.00, of which amount Skiera has provided proof of payment to JCC in the total amount of $306,316.20. 8. ICC and Skiera subsequently entered into change orders which increased the contract price by $12,206.20 for a total of $378,286.20, However, all changes to the work included in the change orders were paid for by Skiera, 9, The contract did not contain information regarding the Construction Industries Recovery Fund. 10. On or about August 3, 2000, ICC obtained permit number 00-29192 from the Palm Beach County Building Department for the work to be performed pursuant to the contract with Skiera, and commenced work on the project shortly thereafter. li, On or about August 29, 2001, ICC informed Skiera that there was no money left and that ICC would not be able to perform any more work on the project, 12, Skiera subsequently paid subcontractors to finish the project. 13. On or about October 4, 2001, a Certificate of Occupancy was issued, 14. Shortly thereafter, Skiera observed water damage in the home and attempted to inform Respondent of the problems in order to have the damage repaired pursuant to the warranty included in the contract with Respondent. Jan 1? 2006 16:04 @1/17/28686 16:59 8589219186 DEPR PAGE 95/11 15, To date, ICC has not made the necessary repairs to the home. 16. Additionally, due to ICC failure to pay subcontractors for work performed on the project from the funds received from Skiera, several subcontractors have recorded valid claims of lien against Skiera’s property as follows: a. Boca Concrete Pumping, Inc., filed a lien against Skiera's property in the amount of $1,001.25 for services and/or supplies furnished purstiant to Respondent’s contract with Skiera; . b. L& W Supply Corporation filed a lien against Skiera's property in the amount of $4,536.98 for services and/or supplies furnished pursuant to Respondent’s contract with Skiera; c. Gulf Stream Lumber Company filed a lien against Skiera's property in the amount of $36,530.59 for services and/or supplies furnished pursuant to Respondent’s contract with Skiera; d. Boca Raton Decorating Center Company filed a lien against Skiera's property in the amount of $1,218.79 for services and/or supplies furnished pursuant to Respondent’s contract with Skiera; e.. American Stairs filed a lien against Skicra's property in the amount of $4,188.00 for services and/or supplies furnished pursuant to Respondent's contract with Skiera; f. Broten Garage Door Sales, Inc. filed a lien against Skiera’s property in the amount of $3,214.00 for services and/or supplies furnished pursuant to Respondent’s contract with Skiera; g. Safex, Inc., filed a lien against Skiera's property for services and/or supplies furnished pursuant to Respondent’s contract with Skiera; Jan 1? 2006 16:04 @1/17/28686 16:59 8589219186 DEPR PAGE 46/11 } h. Warren Malkiel Plumbing filed a lien against Skiera's property in the amount of $4,400.00 for services and/or supplies furnished pursuant to Respondent’s contract with Skiera; i. BT Glass & Mirror filed a lien against Skiera's property in the amount of $1,600.00 for services and/or supplies furnished pursuant to Respondent's contract with Skicra; j. AJ Carpentry file a lien against Skiera's property in the amount of $1,035.00 for services and/or supplies furnished pursuant to Respondent's contract with Skiera; and, . k. Olympia Pools filed a lien against Skiera's property for services and/or supplies furnished pursuant to Respondent's contract with Skiera. 17, In order to avoid the recording of additional claims of liens, Skiera paid the following to various other subcontractors: a. To Sea Coast Supply, the sum of $2,850.00; b. To Fireside Distributors, the sum of $1,750.00; and, ¢. To Royce Builders, the sum of $6,700.00: 18 To date, Skiera has paid a total of at least $96,153.71 in order to have all but two of the liens removed from his property, resulting in payment of at least $36,389.91 above and . beyond the original contract price. 19. On or about September 20, 2001, Respondent's business partner, Chris Stasinos, paid Skiera a total of $10,000 toward the excess cost to complete the residence. 20. To date, Respondent has not removed cither of the remaining liens against Skiera's property, nor has he reimbursed Skiera any further portion, of the amount paid to remove the additional liens that were filed against the residence, Jan 1? 2006 16:05 @1/17/28686 16:59 8589219186 DEPR PAGE 7/11 ) ) COUNT I 21. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 20 as though fully set forth herein. 22. Section 489.1425(1), Florida Statutes, states that any agreement or contract for repair, restoration, improvement or construction to residential real property must contain a written statement explaining the consumer's rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500. | 23. Based on the foregoing, Respondent violated section 489.129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489,1425(1), Florida Statutes. COUNT Il 24. ‘Petitioner realleges and meorporates the allegations set forth in paragraphs 1 through 20 as though fully set forth herein. ' 25, Based on the foregoing, Respondent violated section 489.129(1)(p)1, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when valid liens have been recorded against the ptoperty of a contractor's customer for supplies or services ordered by the contractor for the customer's job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens. COUNT Tit 26. Petitioner realleges and incorporates the allegations set forth in paragraphs i Jan 1? 2006 16:05 @1/17/28686 16:59 8589219186 DEPR PAGE 8/11 through 20 as though fully set forth herein, 27. Based on the foregoing, Respondent violated Section 489.129(1)(j), Florida Statutes, 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 COUNT IV 28. —_‘ Petitioner realleges and incorporates the allegations set forth in paragraphs 1 ‘ through 20 as fully set forth herein. 29, According to Section 489,129(1)(g)(2), Florida Statutes, financial mismanagement occurs when, a contractor has abandoned a 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 finds within 30 days after the date the job is abandoned. 30. Based on the foregoing, Respondent has violated Section 489.129(1)(g)(2), Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a consumer. COUNTY. 31. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 20 as though fully set forth herein. 32. Based’ on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency or mismanagement in the practice of contracting. Jan 1? 2006 16:05 @1/17/28686 16:59 8589219186 DEPR PAGE 9/11 } : 1 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 O77 tayot_ J Uden __, 2008. Covina! L Ep hie Mle D; aNd Protas Assistant General Counsel EPUTY oy pessiong PopUtetion Department of Business and Clery. Rk Professional Regulation Dare 3. Ka 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 , i. TK /er Case # 2004-039537 PC Found: July 26, 200. Division I: L. Chung RI Cox

Docket for Case No: 06-000185PL