* @l/ag/2aee 1a:12 4874258268 WRIGHT FULFORD MOORH ™_ Jan 9 2008 10:15 —, — o> “ STATE OF FLORIDA PAGE @5/22 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BO DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. JASON CHRISTOPHER KENNY, D/B/A CUTTING EDGE CONSTRUCTION, LLC, Respondent. / ADMINISTRATIVE COMPLAINT 2006-032217 2006-03 8611 2006-038373 2006-038365 2006-032264 2006-032190 Petitioner, DEPARTMENT OF BUSINESS AND | PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JASON CHRISTOPHER KENNY . ("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, having been issued license number CB C1252128. Jan 9 2008 10:15 @l/ag/2aee 1a:12 4874258268 WRIGHT FULFORD MOORH PAGE 86/22 ‘, a . / ‘ FACTS PERTAINING TO CASE NO, 2006-032217 10. On or about November 10, 2005, Respondent, doing business as Cutting Edge, entered into a contract with Frank C. Blum ("Blum") to rebuild a hurricane damaged screen enclosure at Mr. Blum's residence located at 20096) Back Nine Drive, Boca Raton, Flonda 33498. . li. The contract did not include notification of the Florida Homeowner's Construction Recovery Fund. 12. The contract price was $12,796.00, of which Mr. Blum paid in full to Respondent on or about December 22, 2005. 13. On or about January 25, 2006, Respondent applied for|a permit with the Palm Beach County Building Departinent, but the permit was never issued duc to errors in the engineering specifications, which Respondent failed to correct. 14. Despite not having a permit, Respondent commenced and completed work on the project by rebuilding the screen enclosure. 15. Despite being paid the entire contract price, Respondent abandoned the contract by constructing a project that fails to meet Palm Beach County Building Codes and failing to return to correct the code violations and obtain inspections. 16. Atall times material hereto, Respondent failed to refund) any money to Mr. Blum. COUNT 17. Petitionor re-alleges and incorporates the allegations set forth in paragraphs 1 through 6 and 10 through 16 above as fully set forth herein. Jan 9 2008 10:15 @l/ag/2aee 1a:12 4874258268 WRIGHT FULFORD MOORH PAGE 7/22 ~, _ } : 18. Section 489.1425(1), Floiida Statutes, states that any agreement or conirect for repair, restoration, improvement or construction to residential teal 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. 19. 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 Chapter 489, Part I Florida Statutes, or violating a mle or lawful order of the board, by having violated section 489.1425(1), Florida Statutes. COUNT IO 20. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 6 and 10 through 16 above as fully set forth herein. 21. Based on the foregoing, Respondent violated section 489.129(1)(i). Florida States, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed to be abandoned after 90 days if the contractor terminates the project without just cause or without proper motification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT IV 22. Petitioner re-alleges and incorporates the allegatidns set forth in paragraphs 1 through 6 and 10 through 16 as fully set forth herein. @l/ag/2aee 1a:12 4874258268 WRIGHT FULFORD MOORH Jan 9 2008 ie a J \ 23. Based on the foregoing, Respondent violated Section 489.129(1)(0), Florida Statutes, by proceeding on any job without first obtaining appli building permits and inspections. COUNT V 24, Petitioner re-alleges and incorporates the allegations set forth paragraphs 1 through 6 and 10 through 16 above as fully set forth heel 10:16 table local he PAGE 8/22 in 25. Based on the foregoing, Respondent violated section 489.129(1)Gn), Florida Statutes, by committing incompetency or mismanagement im the practice of contracting. FACTS PERTAINING TO CASE NO, 2006-03861 H 26. On or about November 17, 2005, Respondent, doing business as Cutting Edge, entered into a contract with Sol Odette ("Odette") to install a new swimming pool screen enclosure at Mr. Odette's residence located at 17616 Chammwood Drive, Boca Raton, Florida 33498. 27. The contract did not include notification of the Floy Construction Recovery Fund. ida Homeowner's 28. The contract price was $28,000.00, of which Mr. Odette paid in full to Respondent between November 25, 2005 and December 27, 2005. 29. At all times material hereto, Respondent failed to obtai contracted project. 30, Despite not having a permit, Respondent commenced an on the project by rebuilding the screcn enclosure. In a permit for the d completed work Jan 9 2008 10:16 @l/ag/2aee 1a:12 4874258268 WRIGHT FULFORD MOORH PAGE 9/22 mn _f ~ 31, At all times material hereto, Complainant had to pay an additional $830.00 to correct problems left behind by Respondent including a damaged patio planter box. 32. Despite being paid the entire contract price, Respondent abandoned the contract by constructing a project that fails to meet Palm Beach County Building Codes and failing to return to correct the code violations and obtain inspections. 33. At all times material hereto, Respondent failed to refund any money to Mr. Odette. COUNT VI 34. Petitioner re-alleges and incorporates the allegations set forth m paragraphs 1 through 6 and 26 through 33 above as fully set forth herein. 35, Based on the foregoing, Respondent violated section 489.129(1)(). Florida States, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may he presumed to be 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 Vi 36, Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 6 and 26 through 33 as though fully set forth herein. 37. Based on the foregomy, Respoudent violated Section 489.129(1)(0), [ applicable local Florida Statutes, by proceeding on any job without first obtainin building permits and inspections. Jan 9 200 ‘ a COUNT Vill ie 10:16 @1/a9/ 2868 16:12 4874258268 WRIGHT FULFORD MOORH PAGE 38. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 6 and 26 through 33 above as though fully set forth herein. 39. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency or mismanagement in the practice of contracting. COUNT IX 40, Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 6 and 26 through 33 above as though fully set forth herein. 41. 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 Construction Industries Recovery Fund, except where the value of all labor and| materials does not exceed $2,500. 42. Based on the foregoing, Respondent violated section 489.129(1)(), Florida Statutes, by failing in any material respect to. comply with the provisions of . Chapter 489, Part 1, Flyida Statutes, or violating a rule or lawful order of the board, by having violated cection 489.1425(1), Florida Statutes. FACTS PERTAINING TO CASE NO, 2006-038 3473 43, Qn or about Jamary 25, 2006, Respondent, doing Edge, entered into a contract with George Carson ("Carson") to darnaged sereen enclosure at Mr. Carson's residence located at 1053 Boca Raton, Florida 33498. business as Cutting rebuild a humicane Q Stonebridge Blvd., 1a/22 Jan 9 2008 10:16 81/09/2088 14:12 4874258268 WRIGHT FULFORD MOORH PAGE 11/22 oot, . ao, \ 44. The contract did not include notification of the Flotida Homeowner's Construction Recovery Fund. 45, The contract price was $25,103.00, of which Mr. Carson paid $500.00 to Respondent on or about February 10,2005. This amount paid to Respondent constitutes approximately two percent (2%) of the contract price. 46. At all times material hereto, Respondent failed to obtain a permit for the contracted project. | 47. Despite being paid two percent of the contract price, Respondent abandoned the contract by failing to commence work on the project. 48. Atall times material hereto, Respondent failed to refund any money to Mr. Carson. 49, As Respondent did not complete any of the contracted work while being paid two percent of the contract price, the percentage of the contract| price exceeded the percentage of contracted work completed at the time of Respondent's abandonment. COUNT X 50. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 6 and 43 through 49 above as though fully set forth herein. 51. Section 489.1425(1), Florida Statutes, states that jany 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 Construction Industries Recovery Fund, except where the value of all labor and materials docs uot exceed $2,500. Jan 9 2008 10:16 o1/a5/ 2088 14:12 4874258268 WRIGHT FULFORD MOORH PAGE 12/22 ™ 7 52. Based on the foregoing, Respondent violated section 489.129(1)(), 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 XI 53. Petitioner _re-alleges and incorporates the allegations set forth in paragraphs 1 through 6 and 43 through 49 above as though fully set forth herei. 54. Based on the foregoing, Respondent violated section 489.129(1)(), Florida States, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed to be abandoned after 90 days if the contractor terminates the project without just cause or without proper notification lo the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT XII 55. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 6 and 43 through 49 as though fully set forth herein. 56. Based on the foregoing, Respondent violated section 489,129(1)(g)(2), Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement occurs when the contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the lime 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. Jan 9 2008 ~, ™ COUNT XU 10:17 @l/ag/2aee 1a:12 4874258268 WRIGHT FULFORD MOORH PAGE 57. Potitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 6 and 43 through 49 above as though fully set forth herein. 58. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency or mismanagement contracting. in the practice of FACTS PERTAINING TO CASE NO. 2006-038365 59. On or about December 28, 2005, Respondent, doing business as Cutting Edge, entered into a contract with Bernard and Ruth Kaplan ("Kaplans") to rebuild a hurricane damaged screen enclosure at Mr. and Mrs. Kaplan's residen| Cherry Hill Terrace, Boca Raton, Florida 33498. re located at 19341 60. The contract did not include notification of the Florida Homeowner's Construction Recovery Fund. 61. The contract price was $15,000.00, of which the Kaplans paid $500.00 to Respondent on or about December 28, 2005. This amount paid to Respondent constitutes approximately three percent (3%) of the contract price. 62. At all times material hereto, Respondent failed to obtain a penmit for the contracted project. 63. Despite being paid two percent of the contract abandoned the contract by failing to comimence work on the project. price, Respondent 64. At all times material hereto, Respondent failed to refund any money to the Eaplans. 13/22 Jan 9 2008 10:17 @l/ag/2aee 1a:12 4874258268 WRIGHT FULFORD MOORH PAGE 4 ——s, , _~, } \ f 65. Mr. and Mrs. Kaplan were required to hire another contractor, Nexxus Screen Enclosures, a division of U.S. Surge Protection, to conipicte the job for $10,750.00. 66. As Respondent did not complete any of the contracted work while being paid three percent of the contract price, the percentage of the contract price exceeded the percentage of contracted work completed at the time of Respondent's abandonment. COUNT XIV 67. Petitioner re-alleges and incorporates the allegations set forth in paragraphs | through 6 and 59 through 66 above as though fully set forth herein. 68. Section 489.1425(1), Florida Statutes, states that contract for repair, restoration, improvement or construction to resid must contain a written statement explaining the consumer's sights und Ladustries Recovery Fund, except where the value of all labor and exceed $2,500. any agreement or ential real property ex the Construction materials does not 69. 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 Chapter 489, Part I, Florida Statutes, or violating a rule or Jawful order of the board, by having violated section 489.1425(1), Florida Statutes. COUNT XV 70. Petitioner. re-aJleges and incorporates the allegat: paragraphs 1 through 6 and 59 through 66 above as though fully set fo ons set forth in rth herein. 71. Based on the foregoing, Respondent violated section 489,.129(1)q), Florida States, by abandoning a construction project in which the contractor is engaged or 14/22 1/89/2888 16:12 Jan WRIGHT FULFORD MOOR ~ ~ 4874258268 9 2008 10:17 H PAGE under contract as a contractor. A project may be presumed to be abandoned after 90 days if the contractor tesminates 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 XVI 72. Petitioner re-alleges and incorporates the allegations set forth in paragraphs | through 6 and 59 through 66 as though fully set forth herein. 23. Based on the foregoing, Respondent violated section 489.129(1)(g)(2), Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial "nn occurs when the contractor has abandoned a customer's job and the percent © 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 j COUNT XVI. b is abandoned. 74, Petitioner re-alleges and incorporates the allegations set forth in paragraphs | through 6 and 59 through 66 above as though fully set forth herein. 75, Based on the foregoing, Respondent violated section 489,129(1)(m), Florida Statutes, by committing incompetency or mismanagement contracting. | in the practice of | FACTS PERTAINING TO CASE NO. 2006-032264 76, On or about November 12, 2005, Respondent, doing Edge, entered into a contract with Richard §. Portnoy ("Portnoy") to business as Cutting | rebuild ia humicane | 15/22 Jan 9 2008 10:17 1/89/2688 16:12 4874258268 WRIGHT FULFORD MOORH PAGE an, = damaged screen enclosure at Mr. Portnoy's residence located at 10310 Camelback Lane, Boca Raton, Florida 33498. 77, The contract did not include notification of the Flotida Homeowner's Construction Recovery Fund. 78. The contract price was $20,613.00, of which Mr. Portn ry paid $15,500.00 ‘to Respondent between December 14, 2005 and January 24, 2006. This amount paid to Respondent constitutes approximately seventy-five percent (75%) of the contract price. 79. At all tomes material hereto, Respondent failed to obtain a permit for the contracted project and was issued a Notice of Violation on or about January 19, 2006, by the Palm Beach County Code Enforcement Division for constructing fa screen enclosure without a permit. 80. Despite not having a permit, Respondent proceeded on the job by constructing the screen enclosure. 81. Despite being paid the entire contract price, Respondent abandoned the contract by constructing a project that fails to meet Palm Beach County Building Codes and failing to return to correct the code violations and obtain inspections. 82, At all times material hereto, Respondent failed to refundjany money to Mr, Portnoy. 83. Mr. Change was required to hire another contractor, |Christopher Car, doing business as Portal Home, to complete the job for $14,500.00. 84. As aresult of having to pay $14,500.00 to another contractor to correct and complete the work done by Respondent while only owing a balance of $5,113.00 to Respondent, Mr. Portnoy sustained $9,387.00 in financial harm. 16/22 Jan 9 200% 10:18 @l/ag/2aee 1a:12 4874258268 WRIGHT FULFORD MOORH PAGE . ™ COUNT XVIHI 85. Petitioner re-alleges and incorporates the allegations set forth in paragraphs | through 6 and 76 through 84 above as though fully set forth herein. 86. ection 489.1425(1}, Florida Statutes, states that any agreement or contract for repair, restoration, improvement or construction to residéntial 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. 87. Based on the foregoing, Respondent violated section 489.129(1)(1), 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 XVIX 88. Petitioner re-alleges and incorporates the allegations set forth in paragraphs | through 6 and 76 through 84 above as though fully set forth herein. 89. Based on the foregoing, Respondent violated section 489.129(1)Q), Florida States, by abandoning a constmection project in which the contractor is engaged or under coniract as a contractor. A project may be presumed to be abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for fermination, or fails to perform work without just cause for 90 consecutive days. COUNT XX 17/22 Jan 9 2008 10:18 41/89/2888 16:12 4674258268 WRIGHT FULFORD MOORH PAGE Ts, _ } 2 90, Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 6 and 76 through 84 above as though fully set forth herein. 91. Based on the foregoing, Respondent violated Section 489.129(1)(0), Florida Statutes, by proceeding on any job without first obtaining applicable local building permits and inspections. COUNT XxX1 92. Petitioncr re-alleges and incorporates the allegations set forth in paragraphs 1 throngh 6 and 76 through 84 above as though fully set forth herein. 93. Based on the foregoing, Respondent violated sect Florida Statutes, by committing incompetency or mismanagement contracting. FACTS PERTAINING TO CASE NO. 2006-0321 on 489.129(1)(m), in the practice of 0 94, On or about November 10, 2005, Respondent, doing business as Cutting Edge, entered into a contract with David and Kim Haimowitz ("Haim owitz") to rebuild a hurricane damaged screen enclosure at Mr. and Mrs. Haimowitz's residence located at 10068 Harbourtown Court, Boca Raton, Florida 33498. 95, The contract did not include notification of the Flarida Homeowner’s Constniction Recovery Fund. 96. The contract price was $15,006.00, of which Mi. Haimowitz paid $13,000.00 to Respondent on or about January 6, 2006. 97. At all times material hereto, Respondent failed to obtain a permit for the contracted project and was issued a Notice of Violation on or about January 19, 2006, by 18/22 Jan 9 200% 10:18 1/89/2688 16:12 4874258268 WRIGHT FULFORD MOORH PAGE 19/22 —“;, “ ’ the Palm Beach County Code Enforcement Division for constructing|a screen enclosure without a permit. 98 Despite not having a permit, Respondent proceeded on the job by constructing the screen enclosure, 99. Despite being paid $13,000.00 of the $15,006.00 contract price, Respondent abandoned the contract by constructing a project that fails to meet Palm Beach County Building Codes and failing to return to cormect the cpde violations and obtain inspections. 100. Al all times material hereto, Respondent failed to refund any money to Mr. Haimowitz. 101. As aresult of Respondent’s abandonment, Mr. Haimowitz was required to hire another contractor, Vic George, doing business as One Stop Remodeling & Building Corp., to complete the job for $1,380.00. COUNT XXiI 102. Petitioner re-alleges and incorporates the allegations set forth in paragraphs | through 6 and 94 through 101 as though fully set forth herein. 103. Based on the foregoing, Respondent violated Section 489.1 29(1)(0), Florida Statutes, by proceeding on any job without first obtaining applicable local building permits and inspectious. COUNT XXII 104, Petitioner re-alleges and incorporates the allegatians set forth in paragraphs 1 through 6 and 94 through 101 above as though fully set forth herein. Jan 9 200% 10:18 @l/ag/2aee 1a:12 4874258268 WRIGHT FULFORD MOORH PAGE 28/22 en ~ 105. Based on the foregoing, Respondent violated section 489.129(1)Q). Florida States, by abandoning a construction project in which the contractor is engaged or. under contract as a contractor. A project may be presumed to be abandoned after 90 days if the contractor terminates the pro} ect 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 XXIV 106. Petitioner re-alleges and incorporates the allegations set forth in paragraphs | through 6 and 94 through 101 above as though fully set forth herein. 107. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency or mismanagement in the practice of contracting. COUNT XXV 108. Petitioner re-alleges and incorporates the allegatigns set forth in paragraphs 7 through 6 and 94 through 101 above as though fully set forth herein. 109. 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 Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500. 110. 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 Jan 9 200% 10:18 @l/ag/2aee 1a:12 4874258268 WRIGHT FULFORD MOORH PAGE 21/22 oN 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. 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 licenses, 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, Floiida Statutes, and/or the rules protnulgated thereunder. F | L E D “. Signed this TD saver : , 2006. partment of Business and Professional Régulation AGENCY CLERK Ya ERK CE eae TE 12°) Jan 9 2008 10:19 @l/ag/2aee 1a:12 4874258268 WRIGHT FULFORD MOORH PAGE 22/22 “ } Jeffrey J. Kelly Assistant General] Counsel Department of Business and Professional Regulation 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 (850) 488-9038 Case # 2006-032217; 2006-03861 1; 2006-038373; 2006-038365; 2006-032264: 2006-032190 PC Found: December 5, 2006 Division I: Del Vecchio & Cox

Docket for Case No: 08-000166