Apr 11 2006 16:18 @4/11/20686 16:11 8589219186 DEPR PAGE @4/18 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case Nos.: 2005-037045; 2005-035177 2005-048135; 2005-060979 DAVID W. VICKERS 2005-054614; 2005-056597 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 contractin g 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 CO57466. 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 16:19 @4/11/20686 16:11 8589219186 DEPR PAGE 5/18 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, FACTS PERTAINING TO CASE NO. 2005-037045 7. On or about November 17, 2004, Respondent, on behalf of Vickers General Contractor, Inc., entered into a contract with Robert Braddock (“Complainant”), to demolish and re-build an addition (“the addition”) and to re-roof the entire residence including the addition, located at 9782 Sharing Cross Court, Jacksonville, FL 32257 (“the residence”). The contract also included pouring a new floor and re-roofing the one-room pool house at the rear of the Tesidence (“pool house”). 8. The contracted price for the construction was $38,500.00, of which amount Vickers General Contractor, Inc. accepted $34,650.00, or ninety percent (90%) of the contracted price. 9. The coritract stated an approximate completion time of six (6) weeks. 10. On. or about December 16, 2004, the City of Jacksonville Building Department issued Building Permit number B046881 1.000, by and through Respondent’s license, for the contracted construction of the addition. 11. Building Permit number B0468811.000 expired on or about October 19, 2005 at Complainant’s request. Apr 11 2006 16:19 @4/11/2686 16:11 8589219186 DEPR PAGE 86/18 12, On or about May 27, 2005, the City of Jacksonville Building Department issued Roofing Permit number B0529839.000, by and through Respondent’s license, for the contracted roof work. 13. Roofing Permit number B0529839.000 expired ot or about August 31, 2005 with no inspections completed. 14. Respondent failed to obtain a building permit for the contracted construction on the pool house. 15. Construction commenced on or about November 22, 2004, and continued until on or about September 22, 2005, at which time construction ceased without just cause or notice to Complainant. 16. At the time construction ceased, the percentage of contracted work completed was less than the percentage of the contract price paid. 17. Complainant suffered extensive 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, to include water damage to the kitchen ceiling and appliances and rats and squirrels in the attic. COUNT I 18, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 17 above as though fully set forth herein. 19. 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 mi SManagement or misconduct occurs when the contractor has abandoned a customer's job and the percentage of completion is less than the Apr 11 2006 16:19 @4/11/20686 16:11 8589219186 DEPR PAGE @7/1e 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 funds within 30 days after the date the job is abandoned. COUNT II 20. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 17 above as though fully set forth herein, 21, ‘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 coniractor. 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 II 22. ‘Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 17 above as though fully set forth herein, 23, Based on the foregoing, Respondent violated Section 489.129( 10), Florida Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections. COUNT IV 24. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 17 above as though fully set forth herein. 25, 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 16:19 @4/11/2686 16:11 8589219186 DEPR PAGE 88/18 FACTS PERTAINING TO CASE NO, 2005-035177 26. On or about August 27, 2004, Respondent, on behalf of Vickers General Contractor, Inc., entered into a contract with Jasou and Jacqueline Byrd (“Complainants”), to build a second-story addition (“the addition”) onto their residence located at 9729 Carbondale Drive East, Jacksonville, FL 32208 (“the residence”), 27. The contracted price for the construction was $104,100.00, of which amount Vickers General Contractor, Inc., accepted $93,690.00, or ninety percent (90%) of the contracted price. 28, Complainants paid $11,908.31 for materials and services included in the contract, or $1,498.31 above and beyond the contract price. 29. Construction commenced on or about September 7, 2004, prior to the issuance of a building permit. . 30. On or about October 28, 2004, the City of Jacksonville Building Department issued Building Permit number B0458951,000, by and through Respondent’s license, for the contracted construction. 31. The contracted construction continued until on or about September 30, 2005, at which time the residence received a Certificate of Occupancy. COUNT V 32. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 26 through 31 above as though fully set forth herein. 33. 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 Omancia] harm to a customer. Financial mismanagement or misconduct occurs when the Apr 11 2006 16:20 @4/11/20686 16:11 8589219186 DEPR PAGE 89/18 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 34, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 26 through 31 above as though fully set forth herein. 35. 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. COUNT Vil 36, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 26 through 31 above as though fully set forth herein. 37. 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. 2005-048135 38. On or about November 24, 2004, Respondent, on behalf of Vickers General Contractor, Inc., entered into a contract with Ricky and Rose Petty (“Complainants”), to build a master bedroom and porch addition (“the addition”) onto their residence located at 1456 Raven Drive South, Jacksonville, FL 32218 (“the residence”). 39. The contracted price of the construction was $39,000.00, of which amount Vickers General Contractor, Inc, accepted $35,100.00, or ninety percent (90%) of the contracted Drice. Apr 11 2006 16:20 @4/11/20686 16:11 8589219186 DEPR PAGE 18/18 40. On or about December 15, 2004, the City of Jacksonville Building Department issued Building Permit number B0468558.000, by and through Respondent’s license, for the contracted construction. 41. Construction commenced on or about December 16, 2004, and continued until on or about June 28, 2005, when the last inspection (tie beam) took place and construction effectively ceased without just cause or notice to Complainants. 42. At the time construction ceased, the percentage of contracted work completed was less than the percentage of the contract price paid. 43. Respondent cancelled Building Permit number B0468558.000 on or about February 16, 2006, COUNT VIII 44. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 38 through 43 above as though fully set forth herein, 45. 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 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 IX 46. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 38 through 43 above as though fully set forth herein, Apr 11 2006 16:20 @4/11/20686 16:11 8589219186 DEPR PAGE 11/18 47. Based on the foregoing, Respondent has violated Section 489,129(1)(}), 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 X 48. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 38 through 43 above as though fully set forth herein. 49. Based on the foregoing, Respondent violated section 489,129(1)@n), Florida Statutes, by committing incompetency or misconduct in the practice of contracting, FACTS PERTAINING TO CASE NO. 2005-060979 50. _ On or about September 7, 2005, Respondent, on behalf of Vickers General Contractor, Inc., entered into a contract with Calvin and Beverly Brown (“Complainants”), to build a one room addition (“the addition”) onto their residence located at 2327 Luana Drive East, Jacksonville, FL 32246 (“the residence”). 51. The contracted price for the construction was $24,000.00, of which amount Vickers Genera] Contractor, Inc. accepted $14,400.00, or sixty percent (60%) of the contracted price. 52. The contract stated an approximate completion time of eight (8) weeks. 53. On or about September 22, 2005, the City of Jacksonville Building Department issued Building Permit number B0556850.000, by and through Respondent’s license, for the contracted construction of the addition. Apr 11 2006 16:20 @4/11/2686 16:11 8589219186 DEPR PAGE 12/18 54. On or about November 22, 2005, Complainants paid $300.00 to architect Garrett Slay in order to obtain a replacement copy of the addition plans as Respondent’s check payment for the plans was retumed for insufficient finds. 55. Construction commenced on or about September 22, 2005, 56. Complainants requested a personal meeting with Respondent on several occasions in, order to voice their concerns as the approximate completion time for the contracted work was eight (8) weeks and framing for the addition was only beginning in week seven (7), but Respondent refused. 57. Complainants then contacted the State Attorney’s Office (“SAO”) and scheduled mediation for October 25, 2005, in an attempt to come to an understanding with Respondent regarding completion of the addition, but Respondent failed to appear. 58, Construction continued until October 28, 2005, at which time constriction ceased without just cause or notice to Complainants. 59. At the time construction ceased, the percentage of contracted work completed was less than the percentage of the contract price paid. 50. On or about November 2, 2005, Complainants and Respondent took part in a conference call with an SAO mediator, during which call Respondent stated that he would contact Complainants regarding completion of the addition, however, that was the last time Complainants had any contact from Respondent, 61. On or about December 19, 2005, Complainants obtained an estimate for completion of the addition in the amount of $15,840:00 from another licensed construction firm, Gold Star Enterprises, Inc. (“GSE”). Apr 11 2006 16:21 @4/11/20686 16:11 8589219186 DEPR PAGE 13/18 62, On or about January 3, 2006, GSE applied for and received approval from the City of Jacksonville Building Department to change the contractor listed on Building Permit number B0556850.000 from Respondent to GSE. COUNT XI 63. Petitioner realleges and incorporates the allegations sct forth in paragraphs j through 6 and 50 through 62 above as though fully set forth herein. 64, Based on the foregoing, Respondent violated section 489,129(1)(2)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 funds within 30 days after the date the job is abandoned. COUNT XI 65. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 50 through 62 above as though fully set forth herein. 66. Based on the foregoing, Respondent has violated Section 489.129(1)(7), 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. Apr 11 2006 16:21 @4/11/20686 16:11 8589219186 DEPR PAGE 14/18 COUNT XU 67. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 50 through 62 above as though fully set forth herein. 68. 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. 2005-054614 69, On or about March 18, 2005, Respondent, on behalf of Vickers General Contractor, Inc., entered into a contract with Deirdre Gibson (“Complainant”), to build a one room addition and patio (“the addition”) onto her residence located at 8757 Humberside Lane, Jacksonville, FL 32219 (“the residence”). 70. The contracted price for the constriction was $36,596.00, of which amount Vickers General Contractor, Inc., accepted 334,596.00, or ninety-five percent (95%) of the contracted price, ) 71, On or about March 29, 2005, the City of Jacksonville Building Department issued Building Permit number B0517356.000, by and through Respondent’s license, for the contracted construction. 72. Construction commenced on ot about April 1, 2005, and continued until the Jast inspection took place on or about September 9, 2005, at which time construction ceased without just cause or notice to Complainant, 73. At the time construction ceased, the percentage of contracted work completed was less than the percentage of the contract price paid. Apr 11 2006 16:21 @4/11/20686 16:11 8589219186 DEPR PAGE 15/18 COUNT XIV 74, ‘Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 69 through 73 above as though fully set forth herein. 75. 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 barm 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 funds within 30 days after the date the job is abandoned. COUNT. XV 76. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 69 through 73 above as though fully set forth herein. 77. 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 78. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 69 through 73 above as though fully set forth herein. 79. Based on the foregoing, Respondent violated section 489.129(1)0n), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. 12 Apr 11 2006 16:21 @4/11/20686 16:11 8589219186 DEPR PAGE 16/18 FACTS PERTAINING TO CASE NO. 2005-056597 80. On or about April 11, 2005, Respondent, on behalf of Vickers General Contractor, Inc., entered into a contract with Linda Harvey (“Complainant”), to build a new porch with a gabled roof (“the porch”) onto her residence located at 3141 Water Street, Jacksonville, FL 32208 (“the residence”). | 81. ° The contracted price for the construction was $16,500.00, of which amount Vickers General Contractor, Inc., accepted $15,000.00, or ninety-one percent (91%), of the contracted price. 82. ‘Construction commenced on or about May 11, 2005, prior to the issuance of a building permit, 83. On or about June 7, 2005, the City of Jacksonville Building Department issued Building Permit number B0531879.000, by and through Respondent’s license, for the contracted construction. 84. Construction continued until on or about October 13, 2005, at which time the porch failed the last inspection requested (framing) and construction ceased without just cause or notice to Complainant. 85. At the time construction ceased, the percentage of contracted work completed was less than the percentage of the contract price paid. COUNT XVII 86. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 80 through 85 above as though fully set forth herein. 87. Based on the foregoing, Respondent violated section 489.129(1)(2)2, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes Apr 11 2006 16:22 @4/11/2686 16:11 8589219186 DEPR PAGE 17/18 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 funds within 30 days after the date the job is abandoned, . | COUNT XVII 88. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 80 through 85 above as though fully set forth herein. 89. Based on the foregoing, Respondent has violated Section 489.129(1)(), 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 XIX 90. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 . through 6 and 80 through 85 above as though fully set forth herein. 91. 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. COUNT XX 92. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 80 through 85 above as though fully set forth herein. Apr 11 2006 16:22 @4/11/20686 16:11 8589219186 DEPR PAGE 18/18 93. 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 rules promulgated thereunder. Signed this DI day of (Ycurichn , 2006. de Livezey peg Aes Assistant General Counsel F Department of are ss and Professional Regutatton NCY CLERK COUNSEL FOR DEPARTMENT: Lisa Livezey Comingore Assistant General Counsel Department of Business and CLERK 3 “ (JewAwea ~~ Professional Regulation ~ 2 ies Office of the General Counsel DAT! 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 Case #8: 2005-037045; 2005- 035177; 2005-048135; 2005- 060979; 2005-054614; 2005-056597 PC Fo wre} (28 low BDA TD oer nten ot Cox Te Ve Sorry re. ound Bad

Docket for Case No: 06-001231PL