Mar 24 2006 11:51 O3/24/2086 12:44 8589219186 DEFR PAGE Ad/as STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & It DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Ve: Case No.: 2005-041838 DAVID W. VICKERS d/b/a VICKERS GENERAL CONTRACTOR, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against DAVID W. VICKERS d/b/a VICKERS GENERAL CONTRACTOR, INC., ("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 General Contractor in the State of Florida, having been issued license number CG C057366. 3, Respondent is, and has been at all times material hereto, a Certified Roofing Contractor in the State of Florida, having been issued license number CC C057466. 4. Respondent's last known addresses of record are 5198 Derby Forest Road, #503, Jacksonville, Florida 32258, and P.O. Box 5459, Jacksonville, Florida 32247 and 2545 County Dock Road, Jacksonville, Florida 32223, Mar 24 2006 11:51 a@a/24/2886 12:44 8589219186 DEPR PAGE @5/@8 5. At all times material hereto, Respondent was the primary qualifying agent for Vickers General Contractor, Inc. ("CGC"), which has a certificate of authority, QB 0011461, 6. 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. 7. On or about October 22, 2004, Respondent entered into a contract with Alexander Pogrebniak (“Complainant”), to construct an addition to Complainants’ residence Jocated at 7249 San Pedro Road, Jacksonville, FL 32217 (“the residence”). . 8. The total contract price was $86,420.00, of which amount Complainant paid to Respondent a total of $77,778.00 or ninety percent (90%) of the contract price as of January 2005. 9. On or about November 23, 2004, Respondent obtained Building Permit number B0464382.000 from the City of Jacksonville Building Department and commenced work pursuant to the contract with Complainant. 10. Complainant has suffered water damage to the interior of his residence as a result of Respondent not completing the project in a timely manner and leaving the roof unfinished for extended periods of time. 11. Onorabout July 25, 2005, Safway Services, Inc., through its agent, Scott C. Haley, filed a valid Claim of Lien in the amount of $709.28 plus interest in the amount of $2.00 per day against Complainant’s property for supplies or services ordered by Respondent for Complainant’s project. 12. To date, Respondent has failed to satisfy the lien against Complainant’s property. Mar 24 2006 11:51 a@a/24/2886 12:44 8589219186 DEPR PAGE 86/88 13. The roof on Complainant's residence continues to leak to the present date despite Complainant’s repeated requests by letter and telephone to have Respondent repair it and complete all work pursuant to the contract; however, Respondent has failed to complete any work on the project since on or around October 15, 2005, thereby effectively abandoning the project. 14. The abandonment was not due to any just cause and was without notice to Complainant. 15. Inor around December 2005 Complainant obtained an estimate from another Certified General Contractor who estimated a cost of $90,000.00 to complete the addition and to repair water damage that resulted from the ongoing leaks in the roof. count! 16. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 15 above as though fully set forth herein. 17. Based on the foregoing, Respondent violated section 489.129(1)(g)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 property 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 TI 18. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 15 above as though fully set forth herein. Mar 24 2006 11:51 a@a/24/2886 12:44 8589219186 DEPR PAGE @7/ae 19. Based on the foregoing, Respondent has violated Section 489.129(1)q). Fl orida 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 reasons for termination, or fails to perform work without just cause for 90 consecutive days. co It 20. Petitioner tealleges and incorporates the allegations set forth in paragraphs 1 through 15 above as though fully set forth herein. 21. Based on the foregoing, Respondent violated section 489,129(1)(m), Florida Statutes, 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 niles promulgated thereunder. . . iv FLL FD Signed this 3 day of__ JON UCU 2006. Oepartment of Business and Professional Regulation . \ sexes Hain tine. Bedppron_ Lisa A. Balfour Assistant General Counsel CuK Sapir 2 Wordon mn omtt_ BZ NB- ZOO Mar 24 2006 11:52 a@a/24/2886 12:44 8589219186 DEPR PAGE @8/ae COUNSEL FOR DEPARTMENT: Lisa A. Balfour Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 Case #s: 2005-041838 PC Found: January 24, 2008 Division |: Lang & DelVecchio PC Found: January 34, 20 Division Il: Watts a Pistanes

Docket for Case No: 06-001054PL