Apr 11 2006 16:24 @4/11/2066 16:17 8589219186 DEPR PAGE @4/16 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & If DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case Nos. 2005-059300; 2005-064776 2005-054600; 2006-001766 DAVID W. VICKERS 2006-000073; 2006-003270 W/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. Apr 11 2006 16:24 @4/11/2066 16:17 8589219186 DEPR PAGE 5/16 5. At all times material hereto, Respondent was the primary qualifying agent for Vickers General Contractor, Inc. ("CGC"), which has a certificate of authority, OB# 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 ficld work at all sites; and for financial matters, both for the organization in general and for each specific job. FACTS PERTAINING TO CASE NO. 2005-059300 7. On or about July 27, 2005, Respondent, on behalf of Vickers General Contractor, Inc., entered into a contract with Luther Williams (“Complainant”), to construct a storage shed, to remodel a master bedroom and bath, and build a game room addition (“the remodel and, addition”) at the residence located at 5443 Chicora Drive, Jacksonville, FL 32258 (“the residence”). 8. The contracted price for the construction was $58,000.00, of which amount Vickers General Contractor, Inc. accepted $52,200,00, or ninety percent (90%) of the contracted price. 9, On or about August 15, 2005, the City of Jacksonville Building Department issued Building Permit number B0547027.000, by and through Respondents license, for the contracted construction of the storage shed. 10. On or about August 24, 2005, the City of Jacksonville Building Department issued Building Permit number B0550179.000, by and through Respondent’s license, for the contracted construction of the remodel and addition. ll. Construction commenced on or about July 27, 2005, prior to obtaining a building permit, and continued until on or about September 1, 2005, at which time Respondent ceased Apr 11 2006 16:24 @4/11/2066 16:17 8589219186 DEPR PAGE 86/16 construction, removed his sign from Complainant’s yard and stopped returning Complainant*s phone calls without just cause and without notice to Complainant. 12. At the time construction ceased, the percentage of contracted work completed was less than the percentage of the contract price paid. 13. In or around January 2006, Complainant hired another contractor to complete the construction originally contracted for with Respondent. The cost of completion was $35,100.00, or $29,300.00 above and beyond the original contract price. COUNT I 14. —- Petitioner realleges and incorporates the allegations sct forth in paragraphs 1 through 13 above as though fully set forth herein. 15. Based on the foregoing, Respondent 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 customer. Financial mismanagement or misconduct occurs when the 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 entitléd 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. COUNT II 16. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 13 above as thongh fully set forth herein, 17. Based on the foregoing, Respondent has 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 Apr 11 2006 16:25 @4/11/2066 16:17 8589219186 DEPR PAGE @7/16 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. COUNT IMT 18. ‘Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 13 above as though fully set forth herein. 19. Based on the foregoing, Respondent violated Section 489.129(1)(o), Florida Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections. COUNTIV 20. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 13 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, FACTS PERTAINING TO CASE NO. 2005-064776 22. Onor about February 8, 2005, Respondent, on behalf of Vickers General Contractor, Inc., entered into a contract with Randy Greene (“Complainant”), to build a room addition with gabled roof and concrete porch (“the addition”) onto his residence located at 10251 Fontana Court North, Jacksonville, FL 32225 (“the residence”), 23. The contracted price for the construction was $45,683.00, of which amount Complainant paid Vickers General Contractor, Inc. in full. 24, Complainant paid $1,500.00 above and beyond the contract price for plumbing materials and services included in the contract. 25. Construction commenced on or about February 18, 2005, prior to the issuance of Apr 11 2006 16:25 @4/11/26686 16:17 8589219186 DEPR PAGE 88/16 a building permit. 26. On or about March 2, 2005, the City of Jacksonville Building Department issued Building Permit number B0511898.000, by and through Respondent’s license, for the contracted construction. 27. The contracted construction continued until on or about September 12, 2005, at which time the residence passed final inspection and received a Certificate of Occupancy on or about September 30, 2005. COUNT V 28. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 22 through 27 above as though fully set forth herein. 29. Based on the foregoing, Respondent violated section 489.129(1)(g)3, 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 the contractor’s job has been completed, and it is shown that the customer has had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer. COUNT VI 30. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 22 through 27 above as though fully sct forth herein. 31. Based on the foregoing, Respondent violated Section 489.129(1)(0), Florida Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections. Apr 11 2006 16:25 @4/11/2066 16:17 8589219186 DEPR PAGE 89/16 COUNT VII 32. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 22 through 27 above as though fully set forth herein. 33. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. FACTS PERTAINING TO CASE, NO. 2005-054600 34.On or about November 1, 2004, Respondent, on behalf of Vickers General Contractor, Inc., entered into a contract with Helen Smith (“Complainant”), to remove an aluminum room, build a dining room addition, and re-attach the aluminum room (“the addition”) onto her residence located at 5349 Cleveland Road, Jacksonville, FL 32209 (“the residence”). 35. The contracted price of the construction was $30,000.00, of which amount Complainant paid Vickers General Contractor, Inc. in full. 36, On or about December 16, 2004, the City of Jacksonville Building Department issued Building Permit number B0468814.000, by and through Respondent’s license, for the contracted construction. 37. Construction commenced on or about January 18, 2005, and continued until on or about September 21, 2005, when the addition received its Certificate of Occupancy, 38. At the time construction ceased and the Certificate of Occupancy was issued, Complainant had paid $27,000.00 to Vickers General Contractor, Inc, however, Respondent was failing to respond to Complainant's calls regarding a roof Jeak in the new construction, 39, In or around February 2006, Complainant’s son paid an unknown party $350.00 to repair the roof leak, Apr 11 2006 16:25 @4/11/26686 16:17 8589219186 DEPR PAGE 16/16 40. On or about February 16, 2006, Respondent completed unfinished punch list items and Complainant paid the final draw. COUNT Vill 41, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 34 through 40 above as though fully set forth herein. 42. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. FACTS PERTAINING TO CASE NO. 2006-001 766 43, On or about June 16, 2005, Respondent, on behalf of Vickers General Contractor, Inc., entered into a contract with George and Victoria Roberts (“Complainants”), to convert their garage into a bedroom and bathroom (“the project”) at their residence located at 8004 Wakefield Avenue, Jacksonville, FL 32208 (‘the residence”). 44. The contracted price for the construction was $24,650.00, of which amount Complainants paid Vickers General Contractor, Inc. in full, 45. On or about June 24, 2005, the City of Jacksonville Building Department issued Building Permit number B0535902.000, by and through Respondent’s license, for the contracted construction of the project. 46. Construction commenced on or about June 24, 2005, and continued until in or around October 2005, at which time Respondent stopped returning Complainants’ phone calls and construction ceased without just cause or notice to Complainants. 47. At the time construction ceased, the percentage of contracted work completed was less than the percentage of the contract price paid. Apr 11 2006 16:26 @4/11/26686 16:17 8589219186 DEPR PAGE 11/16 COUNT IX 48. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 43 through 47 above as though fully set forth herein. 49. Based on the foregoing, Respondent violated section 489,]29(1)(g)2, 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 the 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. COUNT X 50. Petitioner realleges and incorporates the allegations sct forth in paragraphs 1 through 6 and 43 through 47 above as though fully set forth herein. 51. Based on the foregoing, Respondent has 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 reasons for termination, or fails to perform work without just cause for 90 consecutive days. COUNT XI 52. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 43 through 47 above as though fully set forth herein. 53. Based on the foregoing, Respondent violated section 489. 129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. Apr 11 2006 16:26 @4/11/2066 16:17 8589219186 DEPR PAGE 12/16 FACTS PERTAINING TO CASE NO. 2006-000073 54, On or about August 10, 2005, Respondent, on behalf of Vickers General Contractor, Inc., entered into a contract with Stefanie L’Italien (“Complainant”), to demolish two existing rooms and build a new room (“the addition”) at her residence located at 7455 Midway Road, Jacksonville, FL 32244 (“the residence”). 55. The contracted price for the construction was $25,000.00, of which amount Vickers General Contractor, Ine, accepted $22,500.00, or ninety percent (90%) of the contracted price. 56. On or about August 23, 2005, the City of Jacksonville Building Department issued Building Permit number B0549846.000, by and through Respondent’s license, for the contracted construction. 37, Construction commenced on or about August 23, 2005, and continued until on or about October 1, 2005, at which time construction ceased without just cause or notice to Complainant. 58. At the time construction ceased, the percentage of contracted work completed was less than the percentage of the contract price paid. COUNT. XII 59. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 54 through 58 above as though fully set forth herein. 60. Based on the foregoing, Respondent 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 customer. Financial mismanagement or misconduct occurs when the 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 Apr 11 2006 16:26 @4/11/2066 16:17 8589219186 DEPR PAGE 13/16 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. COUNT XI 61, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 54 through 58 above as though fully set forth herein. 62. Based on the foregoing, Respondent has 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 reasons for termination, or fails to perform work without just cause for 90 consecutive days. COUNT XIV 63. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 54 through 58 above as though fully set forth herein. 64. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. FACTS PERTAINING TO CASE NO. 2006-003270 65, On or about August 2, 2005, Respondent, on behalf of Vickers General Contractor, Inc., entered into a contract with Atma Maraj (“Complainant”), to build a storage room and a bedroom suite (“the addition”) onto hig residence located at 78 Naugatuck Drive, Jacksonville, FL 32225 (“the residence”). 66. The contracted price for the construction was $45,900.00, of which amount Vickers General Contractor, Int., accepted $27,540.00, or sixty percent (60%), of the contracted price. Apr 11 2006 16:26 @4/11/2066 16:17 8589219186 DEPR PAGE 14/16 67. Construction commenced on or about August 9, 2005, prior to the issuance of a building permit. 68, On or about August 18, 2005, the City of Jacksonville Building Department issued Building Permit number B0548784.000, by and through Respondent’s license, for the contracted construction. 69, Construction continued until on or about October 18, 2005, at which time construction ceased without just cause or notice to Complainant. 70. At the time construction ceased, the slab had failed inspection three (3) times and Respondent had cancelled an additional three (3) slab inspections. 71. At the time construction ceased, the percentage of contracted wotk completed was less than the percentage of the contract price paid. 72, On or about February 14, 2006, Building Permit number B0548784.000 was changed from Respondent to E.K. Golden Builders, Inc. pursuant to a new contract with a cost of completion of approximately $43,400.00 or $25,040.00 above and beyond the original contract price. COUNT XV 73, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 65 through 72 above as though fully set forth herein. 74, Based on the foregoing, Respondent 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 customer. Financial mismanagement or misconduct occurs when the 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 Apr 11 2006 16:27 @4/11/26686 16:17 8589219186 DEPR PAGE 15/16 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. COUNT XVI 75, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 65 through 72 above as though fully set forth herein. 76. Based on the foregoing, Respondent has 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 reasons for termination, or fails to perform work without just cause for 90 consecutive days. COUNT XVI 77. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 65 through 72 above as though fully set forth herein. 78, Based on the foregoing, Respondent violated Section 489,129(1)(o), Florida Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections. . | COUNT XVII 79. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 65 through 72 above as though fully set forth herein. 80. Based on the foregoing, Respondent violated section 489,129(1)(Gn), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. Apr 11 2006 16:27 @4/11/2066 16:17 8589219186 DEPR PAGE 16/16 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 penaltics delineated within section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursnant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this 20 dayor_(Miarneh , 2006. Hee ' Lisa Livezey Comnitigore Assistant General Counsel FILED COUNSEL FOR DEPARTMENT: Department of Business and Professional Regulation Lisa Livezey Comingore AGENCY CLERK Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel CLERK 4 oh . otng ovr 1940 N. Monroe Street, Ste. 42 DATE - - 0 Tallahassee, FL 32399-2202 Case #s: 2005-059300; 2005-064776; 2005-054600; 2006-001766; 2006-000073; 2006-003270 PCO Found =les\ou TAN C: Thornton + Coy Te: Lowosan 4 Bate 13

Docket for Case No: 06-001230PL