May 18 200? 10:38 PAGE 3/11 DEPR } @5/1e/28e87 18:25 8589219186 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.: 2005-022104 EDWARD BHARATH, d/b/a DATTA CONSTRUCTION CO, LLC Respondent, / ADMINISTRATIVE COMPLAINT a_i SVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against EDWARD BHARATH d/b/a DATTA CONSTRUCTION Co., LLC 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 C1504744, 3. Respondent's last known address of record is 1916 Dorris Drive, Orlando, Florida 32807. 4, Datta Construction Co. LLC. (“Datta”), of which Respondent is a manager and . 5: it the registered agent, applied for a certificate of authority on or about March 21, 2005; its the re ; application is currently pending. May 18 200? 10:38 @5/1e/28e87 18:25 8589219186 DEPR PAGE @4/11 } 5. On or about October 14, 2004, Respondent d/b/a Datta contracted with Jose Sola, (“Complainant”) to do roofing repair and other work at his residence at 9008 Littleton Court, Orlando, Florida. 6. The price for the aforementioned contract was $48,500.00, Complainant paid Subject $26,700.00 in four payments of $12,000.00, $8,000.00, $5,000.00 and $1,700.00 before terminating the contract-on or about January 24, 2005. 7, The contract does not contain the required statement informing the residential _ property owner about his rights under the Construction Industries Recovery Fund. | 8, The contract does not contain Respondent’s license number. 9. The Orange County Contractor Licensing Division issued Permit No. T04016729 to Respondent on or about October 20, 2004, for the roof repairs. 10. Respondent failed to obtain permits that were necessary to do the contracted window replacements, exterior door replacement, changing the sliding glass door to a french door, upgrading the electrical system to code and replacing the heating, ventilation and air conditioning system. 11. Onor about December 20, 2004, Respondent, having apparently completed the ' contractual work, sent Complainant an invoice for the balance due of $22,400.00. 12. Respondent failed to call for a final inspection. 13. Respondent subcontracted the roofing work for this project to Boyd’s Roofing & Construction, LLC, a business organization operated by Anthony Boyd, who at no time material ” hereto was a licensed roofing contractor in the state of Florida, a fact that was known or should have been known to Respondent. Neither was Boyd an employee of Respondent while engaged in this project. May 18 200? 10:38 @5/1e/28e87 18:25 8589219186 DEPR PAGE 5/11 } 14. Respondent repaired and patched ateas rather than replacing materials; did not properly fit window replacements and used concrete to fill gaps; left windows open; used mold- infested baseboards; poured tile cement down the bathroom sink drain causing it not to function properly; damaged numerous existing tiles that could not be replaced; improperly discarded roof debris into the yard and swimming pool; damaged the garage door opener; and placed household items outside uncovered where they were ruined by rain. 15. At times, work on this project was supervised by Respondent’s brother or son, neither of whom holds, or has ever held, a license to perform contracting in the state of Flotida, COUNTI 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen above as though fully set forth therein. 17. Section 489.1425(1), Florida Statutes, states that-any agreement or contract for tepair, restoration, improvement or construction to residential real property must contain a written statement explaining the consumer’s rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00, 18. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, . Florida Statutes, or violating a rule or lawful order of the board, by having violated Section 489.1425(1), Florida Statutes. COUNT 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen above as though fully set forth therein, 20, Based upon the foregoing, the Respondent violated Section 489,129(1)(m), May 18 200? 10:38 5/18/2687 16:25 8589219186 DEPR PAGE 86/11 } | Florida Statutes, by commiitting misconduct or incompetency in the practice of contracting. COUNT THE 21. ‘Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen above as though fully set forth therein. 22, Section 489.129(1)(d), Florida Statutes provides that disciplinary action may be taken against any certificateholder who performs any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. 23. Based upon the foregoing, the Respondent violated Section 489.129(1)(d), Florida Statutes, by assisting a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificatebolder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNTIV 24, —_‘ Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen above as though fully set forth therein. . 25. = Section 489.129(1}(o), Florida Statutes provides that disciplinary action may be taken against any certificateholder who proceeds on any job without obtaining applicable local building department permits and inspections. 26. Based upon the foregoing, the Respondent violated Section 489.129(1)(0), Florida Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections. May 18 200? 10:39 5/18/2687 16:25 8589219186 DEPR PAGE 7/11 j ) COUNT V 27. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen above as though fully set forth therein, . 28. Section 489.119(2), Florida Statutes, provides in pertinent part that if the applicant proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, the business organization must apply for a certificate of authority through a qualifying agent and under a fictitious name if any. 29. Based upon the foregoing, the Respondent violated Section 489, 129(1)G), Florida Statutes, failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board, by violating Section 489.1 19(2), Florida Statutes. COUNT VI 30. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen above as though fully set forth therein. 31. Section 489.119(6)(b), Florida Statutes, provides in pertinent part that the tegistration 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 rule, used by that contractor or | business organization in the practice of contracting. 32. | Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes, failing in any material respect to comply with the provisions of this part or violating a tule or lawful order of the board, by vidlating Section 489.1 19(6)(b), Florida Statutes, WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or May 18 2007 10:39 < oes Pe PR 95/18/2887 16:25 98589219196 DE ) : more of the following Penalties: an administrative fine not to exceed $5,000.00 per incident; assessment of costs related to the investigation and Prosécution of the case excluding costs associated with an attorney’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 Chapters 455 and 489, Florida Statutes, and the mules Promulgated thereunder. Signed this 2rvt day of Mar hy + 2006. he Charles J, Pellegrini Assistant General Counsel CIP 4 ce FILE Case #: 2005-02219] Department of Business ang Professional Regulation CLERK PO Found: 2\a3 lo . AGENCY Cig BRAVE: Themim + Cay CLERK Saauh ?. y wos nare_> “| 20DI0

Docket for Case No: 07-002234PL