Jan 24 2007 16:04 @1/24/2087 16:54 8509219186 DBPR PAGE 3/11 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, a) 7-04 59 PL Petitioner, Case Nos.: 2004-014313 2004-03 5986 Vv. WILLIAM SCOTT MEENAN d/b/a MEENAN CONSTRUCTION, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, files this Administrative Complaint before the Construction Industry Licensing Board against Respondent, WILLIAM SCOTT MEENAN d/b/a MEENAN CONSTRUCTION, INC., 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 Residential Contractor in the State of Florida, having been issued license number CR C057764. 3. Respondent's last known address of record is 26034 N.W. 157" Street, Alachua, Florida 32615. Jan 24 200? 16:05 81/24/2087 16:54 8509219186 DBPR PAGE 4/11 4. At all times material hereto, Respondent was doing business as Meenan Construction, Inc., a registered qualified business possessing license number QB26038. 5. 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. 2004-014313 6. On or about August 8, 2003, Brenda S. Winkelman ("Winkelman") entered into a written contract with Respondent to construct a residence on Winkelman’s property located at 104 Sanchez Avenue in Palm Coast, Florida (“the residence"). 7. The contract failed to contain a written statement explaining the consumer's rights under the Construction Industnies Recovery Fund. 8. The total contract price was $90,000.00, of which amount Winkelman paid Respondent a total of $25,100.00. 9. Respondent never commenced work on the residence, effectively abandoning the project. 10. The percentage of completion of the project was less than the percentage that Winkelman paid to Respondent, 11. The abandonment was not due to any just cause and was without notice to Winkelman. 12. On or about June 5, 2004, Respondent reimbursed Winkelman $300.00 for taxes to have materials shipped. 13. On or about September 28, 2004, Respondent proposed a settlement of Jan 24 200? 16:05 @1/24/2807 16:54 8509213186 DBPR PAGE @5/11 $15,000.00 to be paid to Winkelman by December 3 1, 2005. 14. Despite Winkelman’s continued attempts to settle the matter, to date, Respondent has failed to pay Winkelman any postion of the money owed. COUNT 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through 14 above as though fully set forth therein. 16 Section 489.1425(1), Florida Statutes, provides that any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer's rights under the Construction Industry Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. 17. Based on the foregoing, Respondent violated section 489.129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or Jawful order of the board, as here, section 489.1425(1), Florida Statutes, by failing to include a written statement explaining the consumer’s rights under the Construction Industries Recovery Fund on the contract. COUNT 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through 14 above as though fully set forth therein. 19. Based on the foregoing, Respondent has 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 Jan 24 200? 16:05 @1/24/2087 16:54 8589219186 DBPR PAGE 86/11 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. OUNT I 20. _— Petitioner realleges and incorporates the allegations set forth in paragraphs one through 14 above as though fully set forth therein. 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 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 IV 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through 14 above as though fully set forth herein. 23. 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. 2004-035936 24. — On or about December 17, 2002, Howard Hansen ("Hansen") entered into a written contract with Respondent to construct a residence on Hansen’s property located at 1524 Kooling Drive in Jacksonville, Florida (‘the residence"). Jan 24 200? 16:05 @1/24/2807 16:54 8589219186 DBPR PAGE 87/11 25. Respondent failed to include his license number on the contract. 26. The contract failed to contain a written statement explaining the consumer's rights under the Construction Industries Recovery Fund. 27. The total contract price was $54,000.00, of which amount Hansen paid Respondent a total of $40,000.00. 28. On or about July 25, 2003, Respondent commenced work on the project. 29. On or about February 6, 2004, Respondent ceased construction of the residence, effectively abandoning the project. 30. The abandonment was not due to any just cause and was without notice to Hansen. 31. The percentage of completion of the project was less than the percentage that Hansen paid to Respondent. COUNT V 32, Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and 24 through 31 above as though fully set forth therein. 33. Section 489. 119(6)(b), Florida Statutes, provides that the registration or certification number of each contractor or certificate of authority number for each business organization shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board nule, used by that contractor or business organization in the practice of contracting. 34, Based on the foregoing, Respondent violated section 489.129( IQ), Florida Statutes, by failing in any material respect to comply with the provisions of this Part or violating a rule or lawful order of the board, as here, section 489.119(6)(b), Jan 24 200? 16:06 PA 88/11 Q1/24/2087 16:54 8589219186 DBPR GE Florida Statutes, by failing to include his contractor license number on the contract. ‘OUNT. 35. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and 24 through 31 above as though fully set forth therein. 36. — Section 489 1425(1), Florida Statutes, provides that any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer's tights under the Construction Industry Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. 37. _ Based on the foregoing, Respondent violated section 489. 129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board, as here, section 489. 1425(1), Florida Statutes, by failing to include a written statement explaining the consumer's rights under the Construction Industries Recovery Fund on the contract. COUNT VO. 38. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and 24 through 31 above as though fully set forth therein. 39. Based on the foregoing, Respondent has 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 Jan 24 2007 16:06 a PAGE 9 81/24/2087 16:54 8589219186 DBPR funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned. COUNT Vir 40 Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and 24 through 31 above as though fully set forth therein 41. Based on the foregoing, Respondent has violated Section 489, 129(1)q), 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 IX 42. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and 24 through 31 above as though fully set forth therein. 43. 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 fol lowing penaltics: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or fegistration, require financial festitution 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 Jan 24 200? 16:06 PAGE 81/24/2087 16:54 8589219186 DBPR . ) } 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 promul pated thereunder. tA Signedthis DY dayor__”n Bg ors , 2005. By: = Lisa A. Balfour Assistant Genera] Counsel LAB/be Case Nos.: 2004-014313; 2004-035986 PC Found: August 23, 2005 _ Div |: R. Stewart & P. Del Vecchio _ F | L E D Department of Business and Profagsional Regulaian DEPUTY CLERK 18/11

Docket for Case No: 07-000459PL