DT- Bs4qPre STATE OF FLORIDA _ “DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case Nos. 2006-030196 2006-056291 vs. 2006-059018 2006-059025 ; 2006-059027 2006-059032 VIC GEORGE, 2006-059108 2006-060487 Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against VIC GEORGE, ("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 and a Certified Roofing Contractor, in the State of Florida, having been issued license numbers CG CA23836 and CC C057010, respectively. 3. Respondent's addresses of record are 633 NE 167* Street, Suite 1004, North Miami Beach, Florida 33162 and 16280 NW 27th Avenue, Miami, Florida 33054. 4. At all times material hereto, Respondent was licensed as the qualifying agent for One Stop Remodeling & Building Corp., a Florida corporation (hereinafter referred to as "Contractor"). The Contractor has been issued qualified business organization certificate of authority number QB0019300. 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. Case Number 2006-030196 6. - Onor about March 10, 2006 the Contractor entered into a written contract with The Villas-Lakes Association, Inc. (hereinafter referred to as “VLA”) to re-roof a multi-unit residential structure located at 1440-1480 N.W. 112th Way, Pembroke Pines, Florida. 7. The contract price was Twenty Two Thousand Five Hundred Fifty dollars ($22,550.00). 8. During the period from about March 9, 2006 to April 27, 2006, VLA made payments totaling Twenty Thousand Fifty dollars ($20,050.00) toward the contract price. 9. On or about March 21, 2006, the Contractor applied to the City of Pembroke Pines building department for a building permit for the project. On or about March 27, 2006, May 30, 2006, and June 29, 2006, the building department determined that the application was deficient due to missing or conflicting documentation and denied the application. On or about July 10, 2006 the application was approved, and building permit number 22611021 was issued. 10. Prior to the issuance of the building permit and at some point prior to VLA’s complaint to the Petitioner dated May 19, 2006, the Contractor commenced the project by 2 removing the existing roof. 11. During the Contractor’s re-roofing operations, the Contractor failed to maintain the roof in watertight condition, resulting in rain water intrusion and consequent damage to the interior of the structure. COUNT I 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count I. 13. Based upon the foregoing, the Respondent violated Section 489.129(1)(0), Florida Statutes (2005), by proceeding on any job without obtaining applicable local building department permits and inspections, by commencing the project without a building permit. COUNT I 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count . 15. Based upon the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes (2005), by committing incompetency or misconduct in the practice of contracting. Case Number 2006-056291 16. | Onor about April 5, 2006 the Contractor entered into a written contract with Eugene Roman (hereinafter referred to as “Roman”) to re-roof Roman’s residence located at 9961 S.W. 4th Street, Miami, Florida. 17. The contract price was Fifteen Thousand dollars ($15,000.00). 18. In furtherance of the project, on or about April 12, 2006 and April 18, 2006 Roman paid a total of Twelve Thousand Three Hundred dollars ($12,300.00) toward the contract price. 19. On or about April 6, 2006 the Contractor applied to the Miami-Dade County building department for a building permit for the project. The application was approved, and on or about April 12, 2006 building permit number 2006068693 was issued. 20. During the month of April 2006 the Contractor performed or attempted to perform, but did not complete, the work called for by the contract. On or about April 20, 2006 the Miami-Dade County building department conducted the following inspections of the Contractor’s work: “Before Anchor Sheet Is Covered” and “Cap Sheet Installation.” The building department issued partial approvals for both inspections. As to the “Before Anchor Sheet Is Covered” inspection, the building department issued the following comment: “029 Not To Code/Open Cealing [sic] 2-Rows.” The Contractor never obtained full approval for either inspection, never installed roof tile, and never obtained a passing final inspection for the project. After approximately April 18, 2006 the Contractor failed without just cause to perform further work and abandoned the project. COUNT. HI 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and sixteen through twenty as though fully set forth in this Count I. 22. Based upon the foregoing, the Respondent violated Section 489. 129(1)(o), Florida Statutes (2005), by proceeding on any job without obtaining applicable local building department permits and inspections, by failing to obtain passing inspections. COUNT IV 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and sixteen through twenty as though fully set forth in this Count Iv. 24. Based upon the foregoing, the Respondent violated Section 489.129(1)«), Florida Statutes (2005), 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 reason for termination, or fails to perform work without just cause for 90 consecutive days. Case Number 2606-059018 25. Onor about March 18, 2006, the Contractor entered into a written contract with Juan Carlos Colorado (hereinafter referred to as “Colorado”) to re-roof Colorado’s residence located at 10616 S.W. 147th Place, Miami, Florida. 26. The contract price was Fourteen Thousand Eight Hundred dollars ($14,800.00). 27. On or about March-18, 2006, the Contractor entered into a second written contract with Colorado. The second contract was for the construction of a terrace at Colorado’s residence. 28. The contract price for the construction of the terrace was Four Thousand Two Hundred dollars ($4,200.00). 29. — The contract for the construction of the terrace did not include a written explanation of the consumer’s rights under the Florida Homeowners’ Construction Recovery Fund. 30. In furtherance of the projects, on or about March 20, 2006, Colorado paid Five Thousand Nine Hundred Twenty dollars ($5,920.00) toward the roof contract price, and One Thousand Six Hundred Eighty dollars ($1,680.00) toward the contract price for the construction of the terrace. 31. Onor about April 7, 2006 the Contractor applied to the Miami-Dade County building department for a building permit for the re-roof project. The application was approved and on or about April 14, 2006, building permit number 2006070016 was issued. 32, The Contractor failed to apply for a building permit for the construction of the terrace. . 33. The Contractor worked on the re-roof project on of about March 28, 2006 and on or about May 12, 2006. On March 28, 2006 the Contractor removed the existing roof materials and covered approximately half of the roof with black roofing paper, resulting in rain water intrusion through the uncovered part of the roof and consequent damage to the interior of the residence. On May 12, 2006 the Contractor covered the remainder of the roof with black roofing paper. After May 12, 2006 the Contractor failed without just cause to perform further work and abandoned the project, and the Contractor never commenced the terrace project. COUNT V 34, Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty five through thirty three as though fully set forth in this Count V. 35. Section 489.126(2){a), Florida Statutes, states: “A contractor who receives, as initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement, or construction to residential real property must apply for permits necessary to do work within 30 days after the date payment is made, except where the work does not require a permit under the applicable codes and ordinances.” 36. Based upon the foregoing, the Respondent violated Section 489. 129(1)(i), Florida Statutes (2005), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT VI 37. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty five through thirty three as though fully set forth in this Count VI. 38. Based upon the foregoing, the Respondent violated Section 489.129(1)(0), Florida Statutes (2005), by proceeding on any job without obtaining applicable local building department permits and inspections, by commencing the re-roof project without a building permit. COUNT Vil 39. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty five through thirty three as though fully set forth in this Count VI. 40. Based upon the foregoing, the Respondent violated Section 489.129(1)G), Florida Statutes (2005), 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 reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT VII 41. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty five through thirty three as though fully set forth in this Count VIL 42. Based upon the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes (2005), by committing incompetency or misconduct in the practice of contracting. COUNT IX 43. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty five through thirty three as though fully set forth in this Count IX. 44, Section 489.1425, Florida Statutes, provides: 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 Florida Homeowners’ Construction Recovery Fund, except where the value of all labor and materials does not exceed $2,500. 45. Based upon the foregoing, the Respondent violated Section 489. 129(1)G), Florida Statutes (2005), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. Case Number 2006-059025 46. | Onor about March 4, 2006 the Contractor entered into a written contract with Bernadette Felix (hereinafter referred to as “Felix”) to re-roof Felix’s residence located at 1155 - NE. 134th Street, North Miami, Florida. 47. The contract price was Six Thousand Two Hundred dollars ($6,200.00). 48. Onor about March 5, 2006, Felix paid Three Thousand One Hundred dollars ($3,100.00) toward the contract price. 49. The Contractor applied to the City of North Miami building department for a building permit for the project. The application was approved and on or about May 10, 2006, building permit number 06-02098 was issued. 50. Onor about March 7, 2006 the Contractor commenced the project by removing the existing roof. The Contractor did not complete the project. The Contractor last performed work on the project at the jobsite on or about March 9, 2006. Thereafter, the Contractor failed without just cause to perform further work and abandoned the project. TT 51. During the Contractor’s re-roofing operations, the Contractor failed to maintain the roof in watertight condition, resulting in rain water intrusion and consequent damage to the interior of Felix’s residence. 52. After the Contractor had abandoned the project, Felix hired another contractor to complete the project. COUNT X 53. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and forty six through fifty two as though fully set forth in this Count X. 54. Based upon the foregoing, the Respondent violated Section 489. 129(1)€o), Florida Statutes (2005), by proceeding on any job without obtaining applicable local building department permits and inspections, by commencing the project without a building permit. COUNT XS | 55. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and forty six through fifty two as though fully set forth in this Count XL 56. Based upon the foregoing, the Respondent violated Section 489,129(1)(m), Florida Statutes (2005), by committing incompetency or misconduct in the practice of contracting. COUNT XM 57. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and forty six through fifty two as though fully set forth in this Count XT. 58. Based upon the foregoing, the Respondent violated Section 489. 129(1)(), Florida Statutes (2005), 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 reason for termination, or fails to perform work without just cause for 90 consecutive days. . Case Number 2006-059027 59. On or about April 3, 2006 the Contractor entered into a written contract with Juan Valls (hereinafter referred to as “Valls”) to re-roof Valls’s residence located at 10411 S.W. 53rd Street, Miami, Florida. 60. The contract price was Ten Thousand Eight Hundred dollars ($10,800.00). 61. From about April 3, 2006 to April 25, 2006, Valls paid Eight Thousand Three Hundred Twenty dollars ($8,320.00) toward the contract price. 62. Onor about April 6, 2006 the Contractor applied to the Miami-Dade County building department for a building permit for the project. The application was approved, and on or about April 12, 2006 building permit number 2006068691 was issued. 63. During the month of April 2006 the Contractor performed, or attempted to perform, but failed to complete, the work called for by the contract. Thereafter, and without just cause and notice to Valls, the Contractor performed no further work, thereby abandoning the project. 10 COUNT XT 64. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and fifty nine through sixty three as though fully set forth in this Count XT. Statutes (2005), 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 reason for termination, or fails to perform work without just cause for 90 consecutive days. Case Number 2006-059032 66. Onor about May 22, 2006 the Contractor entered into a written contract with Bessie Johnson (hereinafter referred to as “Johnson”) to re-roof Johnson’s residence located at 1970 N.W. 82nd Street, Miami, Florida. 67. The contract price was Four Thousand Three Hundred dollars ($4,300.00). 68. | Onor about May 22, 2006, Johnson paid Two Thousand One Hundred Fifty dollars ($2,150.00) toward the contract price. 69. Onor about May 22, 2006 the Contractor applied to the Miami-Dade County building department for a building permit for the project. The application was approved, and on or about June 5, 2006 building permit number 2006092617 was issued. . 70. During the month of May 2006 the Contractor performed, or attempted to perform, but failed to complete, the work called for by the contract. Thereafter, and without just cause and notice to Johnson, the Contractor performed no further work, thereby abandoning the project. 11 65. Based upon the foregoing, the Respondent violated Section 489.129(1)@), Florida” COUNT XIV 71. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and sixty six through seventy as though fully set forth in this Count XIV. 72. Based upon the foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes (2005), 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 reason for termination, or fails to perform work without just cause for 90 consecutive days. Case Number 2006-059108 73. At all times material hereto, the Respondent knew or had reasonable grounds to know, and in fact, Billy Gray (hereinafter referred to as “Gray”) was not licensed to practice construction contracting in the State of Florida pursuant to Part I of Chapter 489, Florida Statutes. 74. On or about June 24, 2005 Gray entered into a written contract with David Odishoo (hereinafter referred to as “Odishoo”) to re-roof Odishoo’s residence located at 2300 S.W. 28th Street, Miami, Florida. 75. Gray negotiated and executed the contract, purporting to do so on behalf of Certified Roofing, Inc., a Florida corporation with qualified business organization certificate of authority number QB29460 and qualified by certified roofing contractor Carrie Ann Thompson, holder of license number CCC1325959. However, and unbeknownst to Odishoo, Gray was not authorized to negotiate or execute the contract on behalf of Certified Roofing, Inc., and at all times material hereto, Gray was not an employee or agent of, and was not supervised by, Certified 12 Roofing, Inc. 76. The contract price was Ten Thousand Five Hundred dollars ($10,500.00). 77. Onor about June 24, 2005, Odishoo made a payment by check payable to Gray in TO the amount of Five Thousand Two Hundred Fifty dollars ($5,250.00) toward the contract price. ———————— - 78. Onor.about August 3, 2005 the Contractor applied to the City of Miami building department for a building permit for the project. The application was approved, and on or about August 11, 2005 building permit number 055023448 was issued. . 79. During the month of September 2005 Gray performed, or attempted to perform, but failed to complete, the work called for by the contract. Thereafter, Gray performed no further work. The only building department inspection of Gray’s work was a failed tin cap inspection on October 21, 2005. | . 80. Onor about June 26, 2006 Odishoo hired another contractor to complete the project for Eighteen Thousand dollars ($18,000.00). COUNT XV 81. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and seventy three through eighty as though fully set forth in this Count XV. 82. Based upon the foregoing, the Respondent violated Section 489.129(1)(d), Florida Statutes (2004), 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 unregistered. 13 COUNT XVI 83. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and seventy three through eighty as though fully set forth in this Count XVI. "84. 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 a person or business that is not licensed to practice contracting and prohibits a contractor from applying for or obtaining a building permit for construction work for which the contractor has no contract. 85. Based upon the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes (2004), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. Case Number 2006-060487 86. | Onor about March 25, 2006 the Contractor entered into a written contract with Lucia Gonzalez (hereinafter referred to as “Gonzalez”) to re-r0of Gonzalez’s residence located at 1060 N.W. 199th Street, Miami Gardens, Florida. 87. The contract price was Six Thousand Eight Hundred dollars ($6,800.00). 88, On or about March 24, 2006, Gonzalez paid Three Thousand Four Hundred dollars ($3,400.00) toward the contract price. 89. The Contractor did not obtain or apply for a building permit for the project from the City of Miami Gardens building department. 90. During approximately April to May 2006 the Contractor performed or attempted to perform, but did not complete, the work called for by the contract. Thereafter, and without just cause, the Contractor failed to perform further work and abandoned the project. 14 "gn 91. During the Contractor’s re-roofing operations, the Contractor failed to maintain the roof in watertight condition, resulting in rain water intrusion and consequent damage to, and mold infestation in, the interior of Gonzalez’s residence. CO TSS COUNT XV 92. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and eighty six through ninety one as though fully set forth in this Count XVI. 93. Based upon the foregoing, the Respondent violated Section 489.129(1)(0), Florida Statutes (2005), by proceeding on any job without obtaining applicable local building department permits and inspections, by commencing the project without a building permit. COUNT XViD 94. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and eighty six through ninety one as though fully set forth in this Count XVI. 95. Section 489.126(2)(a), Florida Statutes, states: “A contractor who receives, as initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement, or construction to residential real property must apply for permits necessary to do work within 30 days after the date payment is made, except where the work does not require a permit under the applicable codes and ordinances.” 96. Based upon the foregoing, the Respondent violated Section 489.129(1)@), Florida Statutes (2005), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT XIX 97. Petitioner realleges and incorporates the allegations set forth in paragraphs one 15 through five and eighty six through ninety one as though fully set forth in this Count XIX. 98. Based upon the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes (2005), by committing incompetency or misconduct in the practice of contracting. = | COUNT XX 99. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and eighty six through ninety one as though fully set forth in this Count XX. 100. Based upon the foregoing, the Respondent violated Section 489. 129(1)(j), Florida Statutes (2005), 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 reason for termination, or fails to perform work without just cause for 90 consecutive days. 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/ot any other relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. 16 i Signed this zit day of Ayo . , 2007. PC Found: April 24, 2007 THEODORE R. GAY ______ Div. I: Del Vecchio & Cox _ ASSISTANT GENERAL COUNSEL ene Div. Il: Brown & Pietanza “FILE D COUNSEL FOR DEPARTMENT: Department of Business and Professional Rugyintiet, AGENCY CLERK Theodore R. Gay Assistant General Counsel Department of Business and. Professional Regulation CURR Saavde x. (heats sey 8685 NW 53" Terrace, #100 att -200 Miami, FL 33166 (305) 470-6783 Ext, 2225 ’. TRG/ Case # 2006-030196, 2006-056291, 2006-059018, 2006-059025, 2006-059027, 2006-059032, 2006-059108 & 2006-060487 17

Docket for Case No: 07-003349PL