Dec 20 2007 14:23 12/26/2887 14:28 4874258268 WRIGHT FULFORD MOORH PAGE @7/15 oa : os Ms 1 a STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION It DEPARTMENT OF BUSINESS AND — PROFESSIONAL REGULATION, Petitioner, v5. Case Nos. 2005-044498 2005-054411 GUILLERMO LUIS MCCAUSLAND, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS ANT) PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against GUILLERMO LUIS MCCAUSLAND, ("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 Roofing Contractor, in the State of Florida, having been issued license number CC C056363. 3. Respondent's address of record is 1059 NE 104” Street, Miami Shores, Florida 33138. | 4, At all times material hereto, Respondent was licensed as the qualifying agent for Vinson - Harlot Roofing, Inc., a Florida corporation (hereinafter referred to as "Contractor") with no certificate of authority as a qualified business organization (QB license). 5. Section 489,1195(1)(a), Florida Statutes, provides that all primary qualifying Dec 20 2007 14:24 12/26/2887 14:28 4874258268 WRIGHT FULFORD MOORH PAGE 8/15 tn, — ‘ 1 oy lo agents for a business organization are jointly and equally respousible for supervision of ail 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. COUNT I 6. _ Petitioner realleges and incorporates the allegations set forth in paragraphs one through five as though fully set forth in this Count I. 7, The Contractor failed to obtain a QB license as required by Section 489.119(2), Florida Statutes. 8. Section 489, 119(2), Florida Statutes, provides: ifthe applicant proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant’s legal name or a fictitious name where the applicant is doing business as a sole proprietorship, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 9. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (2004), by failing in any material respect to comply with the provisions of this part or violating a Tule or lawful order of the buard. Case Number 2005-044492 10. On or about April 21, 2005 the Contractor, using the name V.H. Roofing, entered into a written contract with Wendy Moise (hereinafter referred to as “Moise”) to re-roof Moise’s residence located at 334 NW 108° Terrace, Miami, Florida. 11. The contract price was Six Thousand Three Hundred dollars ($6,300.00). 12. From about April 21, 2005 to May 4, 2005 Moise made three (3) payments to the Dec 20 2007 14:24 12/26/2887 14:28 4874258268 WRIGHT FULFORD MOORH PAGE 89/15 ‘ ~ - | Contractor totaling Two Thousand Five Hundred dollars ($2,500.00). 13. 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 May 6, 2005 building, permit number 2005069837 was issued, 14. The Contractor perfoxmed or attempted to perform, but failed to complete, the work called for by the contract. On May 18, 2005 the Miami-Dade County building department notified the Contractor that the Contractor’s work failed a “before anchor sheet is covered” inspection conducted that day. Among other matters, the building department required the submission of shop drawings for some structural beams that were replaced. After May 18, 2005, the Contractor failed to submit the shop drawings, failed to obtain a passing “before anchor sheet is covered” inspection, and, without just cause and notice to Moise, the Contractor failed to perform further work, thereby abandoning the project. 15. After the Contractor abandoned the project, Moise had the project completed by another contractor at a total cost that substantially exceeded the original contract price. On or about February 18, 2006 the completed project earned a passing final inspection from the Miami- Dade County building department. COUNT TH 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and ten through fifteen as though fully set forth in this Count IL 17. Based upon the foregoing, the Respondent violated Section 489.129(1)@), Florida Statutes (2004), 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 Dec 20 2007 14:24 12/26/2887 14:28 4874258268 WRIGHT FULFORD MOORH PAGE 18/15 oan, sy \ terminates the project without just cause or without proper notification to the owner, inchiding the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT DY 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and ten through fifteen as though fully set forth in this Count I. 19. Based upon the foregoing, the Respondent violated Section 489. 129(1)(8), Florida Statutes (2004), by acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificateholder or registrant as set forth on the issued certificate or registration, or in accordance with the personnel of the certificateholder or registrant as set forth in the application for the certificate or registration, or as later changed as provided in this part. COUNT iv 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and ten through fifteen as though fully set forth in this Count IV. 21. Based upon the foregoing, the Respondent violated Section 489.129(1)(0), Florida Statutes (2004), by proceeding on any job without obtaining applicable local building department permits and uispections. Case Number 2005-054411 22. On or about May 18, 2005 the Contractor, using the name V.H. Roofing, entered into a written contract with Rubin Vertus (hereafter referred to as “Vertus”) to re-roof'a house owned by Vertus and located at 1420 NE 157™ Street, North Miami Beach, Florida. 23. The contract price was Eight Thousand Six Hundred dollars ($8,600.00). Dec 20 2007 14:24 12/26/2887 14:28 4874258268 WRIGHT FULFORD MOORH PAGE 11/15 \ ~ - 24. Onor about May 24, 2005 Vertus paid the Contractor a deposit of Four Thousand dollars ($4,000.00). 25, Onor about July 11, 2005 the Contractor applied to the City of North Miami Beach building department for a building permit for the project. The application was approved and on or about July 12, 2005 building permit number BM05-230 was issued 26. Onor about May 28, 2005 the Contractor commenced work on the project by removing part of the roof. During the Contractor’s re-roofing operations, the Contractor failed to maintain the roofin watertight condition resulting in rain water intrusion which caused extensive damage to the interior of the house. 27. After May 2005, and without just cause and notice to Vertus, the Contractor failed to perform any further work, thereby abandoning the project. 28. After the Contractor abandoned the project, Vertus had the project completed by others at a total cost that substantially exceeded the original contract price. COUNTY" 29. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty two through twenty eight as though fully set forth in this Count V. 30. Based upon the foregoing, the Respondent violated Section 489. 129(1)(H, Florida Statutes (2004), by acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificateholder or registrant as set forth on the issued certificate or registration, or in accordance with the personnel of the certificateholder or registrant as set forth in the application for the certificate or registration, or as later changed as provided in this part. Dec 20 2007 14:25 12/26/2887 14:28 4874258268 WRIGHT FULFORD MOORH PAGE a 5 co VI 31. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty two through twenty cight as though fully set forth in this Count VI. 32. 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 réal 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.” 33. 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. COUNT Vil 34. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty two through twenty eight as though fully set forth in this Count VIL. 35. Based upon the foregoing, the Respondent violated Section 489,129(1)G), Florida Statutes (2004), 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. co VUE 36, Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty two through twenty eight as though fully set forth in this Count VII. 12/15 Dec 20 2007 14:25 12/26/2887 14:28 4874258268 WRIGHT FULFORD MOORH PAGE 13/15 37. Based upon the foregoing, the Respondent violated Section 489.129(1 )(m), Florida Statutes (2004), by committing incompetency or misconduct in the practice of contracting. WIILREFORE, 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 4 ‘consumer, impose an administrative fine not to exceed $5,000 per violation, require continuing education, assess cosis 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_¢: wd. day of 2007, PC Found: February 27, 2007 / Loins. fe. . Diy, I: Flaherty & Weller THEODORE R. GAY Gag ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: Theodore R, Gay F | [ E D Assistant General Counsel Department of Business and Professional Regulation Department of Business and AGENCY CLERK Professional Regulation 8685 NW 53” Terrace, #100 Miami, FL 33166 (305) 470-6783 Ext. 2225 curK Soap Ae Warton cate 37 Al- 2OOT TRG/sb Cage #2005-044498, 2005-054411

Docket for Case No: 07-005756PL