Jul 19 200? 10:47 arfig/2aey lara. 8589219186 DEPR PAGE @4/ae STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vB. : Case No. 2004-024450 RODOLFO TEODORO GOMEZ, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against RODOLFO TEODORO GOMEZ, ("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 Building Contractor, in the State of Florida, baving been issued license number CB C057705, 3. Respondent's address of record is 17601 SW 70" Place, Ft. Lauderdale, Florida. 33331. 4, At all times material hereto, Respondent was licensed as the qualifying agent of All Jul 19 200? 10:47 arfig/2aey lara. 8589219186 DEPR PAGE @5/@8 j a ; Star Stucco, Ine. (hereinafter referred to as “Contractor”, a Florida corporation. The Contractor was issued qualified business organization certificate of authority number QB0019971. 5. Section 439.1195(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. 6, At all times material hereto, Gary Akers (“Akers”) and Alex F. Grau, Sr. (“Grau”) were not licensed to practice construction contracting in the State of Florida. At all times material hereto, G & A Home Repair & Remodeling Inc. (“G&A”) was a Florida corporation and was not licensed to practice construction contracting in the State of Florida. At all times material hereto, Akers and Grau were officers of and controlled and operated G&A. 7. The Respondent collaborated with Akers, Grau, and G&A in the practice or construction contracting in the State of Florida, and in connection with their collaboration, the Respondent agreed to or knowingly allowed the use of the Respondent’s certified building contractor license number by Akers, Grav, and/or G&A in contracts, in building permit applications and building permits, or otherwise to engage in the-business or act ‘in the capacity ofa contractor, The Respondent knew or had reasonable grounds to kiow that Akers, Grau, and G&A were not licensed to practice construction contracting in the State of Florida, 8. On or about July 21, 2003, G&A entered into two written contracts with Mavi_. Enterprises, Inc., a Florida corporation (“Mavi”), to reconstruct and refurbish Mavi’s two-story multi-unit residential building located at 1225-1229 Euclid Avenue, Miami Beach, Florida. The preprinted portion of both contracts was the same and indicated that the contracts were “,..by and Jul 19 200? 10:47 arfig/2aey lara. 8589219186 DEPR PAGE 86/88 between G & A Home Repair & Remodeling, Inc. hereinafter called the Contractors, Gary Akers and Alex Grau, and Mavi Enterprises, Inc., hereinafter called the Owner.” The bottom of the third page contained the Respondent’s and the Contractor’s names and the Respondent's certified building contractor license number. The contracts called for substantial completion of the project on or before November 22, 2003. 5. The total of the prices for the two contracts was One Hundred Ninety Two Thousand dollars ($1 92,000,00), 10, From about July 21, 2003 through October 20, 2003, Mavi made three (3) payments to G&A. totaling Ninety Six Thousand dollars ($96,000.00). 11. On or about July 22, 2003, an application for a building permit for the project was submitted to the City of Miami Beach building department. In the contractor information section of the application form there appeared the Respondent’s and the Contractor’s names and the Respondent's certified building contractor license number CB C057705, and the application was signed by the Respondent. The application was approved and on or about August 15, 2003 building permit 480304203 was issned. 12. After G&A -commenced-work on the project,-on or about November5,-2003- G&A proposed change orders to increase the contract price in order to compensate: G&A for work that Gé&A claimed was outside the scope of the original contract and that G&A claimed it had performed or that G&A proposed to perform. Mavi did not accept G&A’s proposals, and after about November 2003 G&A performed no further work on the project. 13. Onor about March 18, 2004, the City of Miami Beach issued a Stop Work Order and Notice of Violation to Akers, Gran, and G&A for contracting without a license, and to the Jul 19 200? 10:48 arfig/2aey lara. 8589219186 DEPR PAGE @7/ae ) ) Respondent and the Contractor for aiding and abetting Akers, Gran, and G&A. 14. Mavi hired others to complate the project and has incurred or will incur total costs to complete the project substantially in excess of the original contract price. ) 18, On or about September 28, 2004 Mavi filed a lawsuit against Akers, Grau, G&A, the Respondent, and the Contractor in the Circuit Court of the Eleventh Judicial Cirenit in and for Miemi-Dade County, Florida, Case No, 2004-20524-CA-01, seeking an award of monetary compensation or other remedies for alleged breach of contract, fraud or other civil wrongs committed by the defendants in connection with the project. COUNT I 16. Petitioner realleges and incorporates the allegations set forth in n paragraphs one through fifteen as though fully set forth in this Count 1. : a 17. Based upon the foregoing, the Respondent violated Section 489,129(1)(d), Florida Statutes (2002), by performing 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 tmrepistered, COUNT Ik 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count I. . 19. Section 489.127(4), Florida Statutes, prohibits a contractor from agreeing to the . use of, or knowingly allowing the use of, the contractor’s license number by 4 person or business that is not licensed to practice contracting and prohibits a contractor from applying for or Jul 19 200? 10:48 ar/19/2687 16:31 8589219186 DEPR PAGE 88/88 obtaining a building permit for construction work for which the contractor has no contract. 20. Based upon the foregoing, the Respondent violated Section 489,129(1){i), Florida Statutes (2002), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. 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 DT hay of Aa nal . , 2006. “a THEODORE R. GAY ASSISTANT GENERAL COUNSEL. COUNSEL FOR DEPARTMENT: VL ED une . ARE reas! Theodore R. Gay inane a ven Assistant General Counsel epee af Burgenct ow Department of Business and Professional Regulation 8685 NW 53" Terrace, #100 f W widower ore is Miami, FL 33166 Sonus Oa ~200 = (305) 470-6783 Fixt, 2295 om Bile TRAD oat Case #2004-024450 PC Found: April 25, 2006 Division I: Kane& Husband

Docket for Case No: 07-003343PL