Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: THOMAS ROY BUCKLEY
Judges: ERROL H. POWELL
Agency: Department of Business and Professional Regulation
Locations: West Palm Beach, Florida
Filed: Jun. 22, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 18, 2006.
Latest Update: Dec. 24, 2024
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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’s: 2006-00572]
2006-007034
THOMAS ROY BUCKLEY,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing
Board, against THOMAS ROY BUCKLEY, d/b/a Great Bay Homes, 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 C26791.
3. Respondent's address of record is 17694 Crooked Oak Ave, Boca Raton, Florida
33487.
FACTS RELATED TO CASE NO. 2006-005721
4. On or about February 9, 2004, Gary and Phyllis Maheu (“Maheu”) contracted
with Respondent for the construction of a residence to be located at 1366 SW Paar Drive, Port
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St. Lucie, Florida.
5. The contract price for the aforementioned project was $140,892.00, of which
Respondent was paid $104,934.24,
6, On or about October 5, 2004, the City of Port St. Lucie Building Department
issued Respondent a permit for the project (Permit No. 04-31279).
7, Respondent performed work on the project from approximately December 2004
through November 2005.
8. Respondent ceased working on the project when it was approximately 95%
complete.
9. Respondent failed to perform work on the project without notification to the
owner, or just cause for a period of 90 consecutive days.
COUNT I
10. Petitioner realleges and incorporates the allegations set forth in paragraphs one
through three and four through nine above as though fully set forth therein.
11. Based upon 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 to be 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 days.
FACTS RELATED TO CASE NO. 2006-007034
12. On or about March 27, 2004, John and Lisa Dyer (“Dyer”) contracted with
Respondent to construct a residence located at 1344 SB Buckingham Terrace, Port St. Lucie, FL
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34952.
13, The contract price for the aforementioned project was $200,043.00, of which
Respondent was paid $106,336.00 in lender disbursements and $22,216.00 from Dyer for change
orders, for a total of $128,552.00.
14, On or about June 20, 2005, the City of Port St, Lucie Building Department issued
Respondent a permit for the project (Permit No. 0518264).
15, Respondent commenced work on the project on or about July 11, 2005.
16, Respondent ceased work on the project in or about November 2005.
17. At the time the project was abandoned, approximately 62% of the work was
complete.
18. Respondent failed to perform work on the project for a period greater than 90
days.
19, Respondent has failed to return any money paid to him in excess of the amount of
work completed.
20. On or about December 9, 2005, Gulf Stream Lumber Company, filed a valid
claim of lien in the amount of $6,793.05 against the Dyer property.
21. On or about December 19, 2005, Advanced Surfaces of the Treasure Coast, Inc.,
filed a valid claim of lien in the amount of $4,433.45 against the Dyer property.
22, On or about January 3, 2006, Masco Contractor Services Central, Inc, d/b/a Gale
Insulation, filed a valid claim of lien in the amount of $6,688.86 against the Dyer property.
23. Respondent failed to have the claims of lien removed from the property within
seventy-five.(75) days of the dates of the respective liens.
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COUNT II
24, Petitioner realleges and incorporates the allegations set forth in paragraphs one
through three and twelve through twenty three above as though fully set forth therein.
23. Based upon the foregoing, Respondent 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 to be abandoned after 90 days if the
contractor terminates the project without just cause or without proper notification to the owncr,
including the reason for termination, or fails to perform work without just cause for 90
consecutive days.
COUNT Tir
26. Petitioner realleges and incorporates the allegations set forth in paragraphs one
through three and twelve through twenty three above as though fully set forth therein.
27, 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 IV
28. Petitioner realleges and incorporates the allegations sct forth in paragraphs one
through three and twelve through twenty three above as though fully set forth there in.
29. Based upon the foregoing, Respondent violated Section 489, 129(1)(¢)2, Florida
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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 Jess 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 V
30. Petitioner realleges and incorporates the allegations set forth in paragraphs one
through three and twelve through twenty three above as though fully set forth therein.
31. Based upon 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 entry of an Order imposing one or
more of the following penalties: an administrative fine not to exceed $10,000.00 per incident;
assessment of costs related to the investigation and prosecution of the case excluding costs
associated with an attomey’s time; refusal to certify, or to certify with restrictions, and
application for licensure; restriction of practice: issuance of a reprimand; corrective action and/or
any other relief the Department of Business and Professional Regulation is authorized to impose
pursuant to Chapter 455 and 489, Florida Statutes, and the mules promulgated thereunder.
Signed this Aur aay of aan 1 pat » 2006.
Patr Ges F. Creehan
Chief Construction Attomey
/PEG/amm | F | L F p
Department of Busthess.and Professional Regulation
2006-00572 1
2006-007034 AGENCY CLERK
PC Found: April 25, 2006
Division |: Kane& Husband CLERK Su wh f. (J | on
5 oate_5- 5 -2006
Docket for Case No: 06-002236
Issue Date |
Proceedings |
Aug. 18, 2006 |
Order Closing File. CASE CLOSED.
|
Aug. 17, 2006 |
Joint Motion to Relinquish Jurisdiction without Prejudice filed.
|
Jul. 11, 2006 |
Order of Pre-hearing Instructions.
|
Jul. 11, 2006 |
Notice of Hearing by Video Teleconference (hearing set for September 13, 2006; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
|
Jun. 22, 2006 |
Administrative Complaint filed.
|
Jun. 22, 2006 |
Election of Rights filed.
|
Jun. 22, 2006 |
Agency referral filed.
|
Jun. 22, 2006 |
Initial Order.
|