STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION : CONSTRUCTION INDUSTRY LICENSING BOARD . DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, - Petitioner, 6) “US THe fe vs. Case No. 2004-003461 JERALD LOUIS LENIK Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ERALD LOUIS LENIK, ("Respondent"), and says: 4/1. 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. 4 2. Respondent is, and was at all times material hereto, a Certified General Contractor, in the State of Florida, having been issued license number CG C25953. “4 3. Respondent's last known address is 105 South Ridgewood Avenue, Edgewater, Florida. v 4, Respondent works under his Certified General Contractor license in the capacity of a sole proprietor, and did work in said capacity at al] times material hereto. J 5. On or about September 19, 2002, Joseph Kleinschnitz (“Complainant”) contracted with Respondent to perform repairs associated with water damage to his home at 2105 Ivy Drive, Cocoa, Florida, damage which he suffered on or about May 5, 2002. 6. Complainant communicated to Respondent and Respondent understood at the start that this work was to be done on a “time is of the essence” basis. 7. On or about February 7, 2003, Complainant contracted with S.E.M.A. Restoration Group for mold remediation to include the provision of all emergency restoration labor, services and materials necessary to preserve, protect and return the property to as normal as possible. 8. On or about April 9, 2003, Complainant’s insurer advised Respondent’s project manager that the mold remediation work had been successful and that repairs could begin. 9. On or about May 10, 2003, Complainant sent Respondent by certified mail a copy of a post-remediation report establishing clearance and authorization for repairs to begin. 10. Respondent estimated the cost for repairs to the kitchen and the bathroom to be $8,344.56 and $3,137.64 respectively. 11. Complainant paid Respondent a deposit of $1,000.00 on September 19, 2002 and a draw of $2,675 on February 3, 2003; however, the only work that was completed by Respondent was the removal of some wall paper on March 12, 2003. 12. On March 10, 2003, and September 9, 2003, Complainant sent letters to Respondent, complaining of Respondent’s lack of responsiveness to Complainant’s inquiries and unjustified failure to perform under the contract and, finally, advising that he had found it necessary to he himself undertake certain repairs with air conditioning, roofing, and insulation subcontractors that he engaged, repairs that were within the scope of the contract with Respondent. 13. Respondent did no work and made no further appearance on the job site after March 12, 2003. 14. Respondent made no response to Complainant’s letter dated September 15, 2003, or to Complainant’s follow-up telephone calls placed on October 10 and 17, 2003. 15. On or about October 30, 2003, Complainant wrote a letter to Respondent in which he advised Respondent that he considered him to have totally abandoned the project and that, accordingly, he was terminating the contract “due to complete nonperformance,” and demanding the return of the $3,675.00 that he had paid Respondent. 16. | Respondent abandoned the project. 17. Complainant contracted with M &R Air Conditioning, Inc., for the amount of $3,409.00, to repair the air conditioning, which repairs were made. 18. Complainant contracted with Gale Insulation, Inc., for the amount of $300.00, to repair the insulation, which repairs were made. 19. Complainant contracted with Christmas Roofing Co., for the amount of $2,445.00, to repair the roof, which repairs were made. 20. Respondent failed to return the $3,675.00 that Complainant originally paid him and demanded be returned. 21. Section 489.126(3)(a), Florida Statutes, states that a contractor who ve) receives money for repair, restoration, addition, improvement, or construction of residential real property in excess of the value of the work performed shall not with intent to defraud the owner, fail or refuse to perform any work for any 90-day period. 22. Section 489.1425(1), Florida Statutes, states 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 recovery fund, except where the value of all labor and materials does not exceed $2,500. COUNT I 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-two as fully set forth herein. 24, Based on the foregoing, Respondent violated Section 489.129(1)(g)2, Florida Statutes, by abandoning a customer’s job where 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 funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned. COUNT I 25. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-two as fully set forth herein. 26. Based in the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. COUNT Ii 27. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-two as fully set forth herein. 28. Based on the foregoing, Respondent violated Section 489, 129(1)G), 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 property notification to the owner, including the reasons for termination, or fails to perform work without just cause for 90 consecutive days. COUNT IV 29. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-two as fully set forth herein. 30. Based on the foregoing, Respondent violated Section 489. 129(1)(), 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 through section 489,126(3)(a), Florida Statutes. COUNT V 31. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-two as fully set forth herein. 32. 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 through section 489.1425, Florida Statutes. 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 2( 5" day of Spl 2005. A Charles J. Pellegrini ‘ Assistant General Counsel CIPHe ca Case # 2004-003461 Division 1: Kalmanson & Kane PC Found: April 26, 2005 d Filet

Docket for Case No: 07-005746PL