Sep 14 2006 14:44 9/14/2086 14:32 8589219186 DEPR PAGE 83/89 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD . DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v5. Case No. 2005-035927 NILS MAGNUS INGEBRIGTSEN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner") files this Administrative Complaint against NILS MAGNUS INGEBRIGTSEN, ("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 has been at all times material hereto, a Certified General Contractor in the State of Florida, having been issued license number CG C1504716, 3. Respondent's address of record is 1328 North Liberty Street, Jacksonville, Florida 32206. 4. At all times material hereto, Respondent was the licensed qualifier for Elegant Renovations and Restorations, Inc. (hereinafter “Elegant”), 5. At all times material hereto, Elegant possessed a qualified business license (License No. QB 22610), Sep 14 2006 14:44 @a/14/2886 14:32 8589219186 DEPR PAGE @4/ag 6. On or about August 30, 2002, Respondent, doing business as Elegant contracted with Ann Goode (hereinafter “Goode”) to renovate Goode’s house located at 435 East 6" Street, Jacksonville, Florida. 7. The contract price for the aforementioned project was $130,000.00. 8, On or about November 12, 2002, Goode filed a Notice of Commencement for the above described project with the Clerk of the Circuit and County Courts of Duval County, Florida. 9. On or about November 25, 2002, Respondent was issued a building permit (Permit No. B0263846.000) from the City of Jacksonville Building Inspection Division. 10. tn or about November 2002, Respondent commenced work on the construction project. li. The Contract price was amended to $156,141.58 after seventeen (17) change orders totaling $26,141.58 were approved for the construction project 12. In or about December 2004, Respondent ceased work on the construction project 13. At the time construction ceased, the project was not complete. 14. At the time construction ceased, Goode paid Respondent approximately $156,000.00 of the contract price. 15. Respondent failed to perform any additional work on the construction project for a period of greater than ninety (90) days. 16. In or about June 2005, Goode terminated Respondent as the contractor for the construction project. 17. On or about August 9, 2005, Goode entered into a contract with Randall Builders, Inc. to complete the renovations originally contracted for by Respondent in order to have the Sep 14 2006 14:44 9/14/2086 14:32 8589219186 DEPR PAGE 85/89 construction project obtain a certificate of occupancy from the City of Jacksonville Bui Iding Inspection Division, 18. Goode paid over and above the contract price with Respondent to complete work on the construction project. COUNT I 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one . through eighteen as fully set forth herein. 20. ‘Based on the foregoing, Respondent violated Section 489.129(1)(), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contact 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. COUNT II 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eighteen as fully set forth herein. 22. 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 beyond the control of the contractor, 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. Sep 14 2006 14:44 @a/14/2886 14:32 8589219186 DEPR PAGE 86/a9 COUNT TIT 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eighteen as fully set forth herein, 24. ‘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 tnore of the following penalties: place on probation, reptimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate of registration, require financial restitution to a consumer, impose au administrative fine not to exceed $5,000.00 per violation, require continuing education, assess costs associated with the investigation and prosecution, impose any or all penalties delineated within Section 435.227(2), Florida Statutes, and/or any other relief the Board is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thercunder. Signed this 29°” dayof_Vourniucn S665: Rr. O Patrick Creehan Chief Construction Attorney COUNSEL FOR DEPARTMENT: FILED Department of Business and Prafessi 7 P. Brian Coats AGENCY C reneesonal Regulation Assistant General Counsel Departinent of Business and Professional Regulation Office of the General Counsel CLERK Soy wth A. Weahan nm 1940 'N. Monroe Street, Ste. 42 a ae " Tallahassee, FL 32399 DA «_Z°23-200le 2005-035927 PC Found: January 24, 2006 4 Division I: Lang & Del Veechio

Docket for Case No: 06-003483PL