wo) Feb 21 2008 10:01 21/2088 69:58 4874258268 WRIGHT FULFORD MOORH PAGE 83/28 % _ —~ oa STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAT, REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2005-036688 ; 2005-055298 TIMOTHY HARRINGTON, D/B/A HARRINGTON & SONS, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against TIMOTHY HARRINGTON, ("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 C1325875, currently listed ag current, active. 3. Respondent's last known addresses on record are 10646 Wheclhouse Circle, Boca Raton, Florida 33428 and 4160 N.W. i* Avenue Suite 21, Boca Raton, Florida, 33431, 4, Atull times material hereto, Respondent was licensed as the primary qualifying agent wo) Feb 21 2008 10:02 2/21/2888 89:58 4874258268 WRIGHT FULFORD MOORH PAGE 84/28 ew os, } for Harrington & Sons, Inc. (“Harrington & Sons”), which is registered as a Qualified Business with license #27463, currently listed as Delinquent. 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. FACTS PERTAINING TO CASE NO. 2008-03668 6. On or about December 28, 2004, Respondent, doing business as Harrington & Sons, entered into a written contractual agreement with Gwendolyn Gordon ("Gordon") to install a new roof on her home located at 5973 Ithaca Circle West, Lake Worth, Florida 33463. 7. The contract did not contain a written statement notifying Ms. Gordon of the Florida Homeowner’s Construction Recovery Fund as required by section 489.1425 Florida Statutes 8. The total contract price was $6,100.00, of which Ms. Gordon paid $2,031.30 to Respondent on or about December 30, 2004. This payment constitutes thirty-three percent (33%) of the contract price 9. Section 489.129(2)(a), Florida Statutes, provides in part, that a contractor who receives, as initial payment, money totaling more than ten percent (10%) of the contract price for repair, restoration, improvement, or construction to residential property, must apply for permits necessary to do the work within thirty (30) days after the date payment is made. 10. At all times material hereto, Respondent failed to obtain a permit from the City of Lake Worth for the work to be performed pursuant to the contract with Ms. Gordon. Feb 21 2008 10:02 a2 : f2i/2089 69:58 4874258268 WRIGHT FULFORD MOORH PAGE 85/28 “5, ~ 11. Respondent abandoned the contract by failing lo commence work on the project. 12. As Respondent failed to perform any of the contracted work, the percentage paid on the cuutract exceeded the percentage of the contractual work done by Respondent at the time of Respondent's abandonment. 13. Despite failing to commence work on the project, Respondent failed to refund any amount of the $2,031.30 paid to him by Ms. Gordon. COUNTI 14. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 13 as fully set forth herein. 15. Section 489.1425(1), Florida Statutes, provides in part that a contract for improvement to residential real property must contain a written statement explaining the consumer's rights under the Construction Industry Recovery Fund, except where the value of all labor and materials does nat exceed $2,500.00. 16. Based on the foregoing, the Respondent violated Section 489.129(1)(1), Florida Statutes, by failing in any material respect tv comply with the provisions of this part or violating a rule or Jaw ful order of the board. COUNT I 17. Petitioner re-alleges and incorporates the allegations set forth in paragraphs | through 16 as fully set forth herein. 18. Section 489.126(2)(a), Florida Statutes, states that a contractor who receives, a$ an 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 Feb 21 2008 10:02 g2/21/2888 89:58 4874258268 WRIGHT FULFORD MOORH PAGE 86/28 7, a, \ within 30 days after the date payment is made, except where the work does not require a permit undet the applicable codes and ordinances, and must start work within 90 days after the date all necessary permits for work if any are issued. 19. Based on the foregoing, Respondent violated section 489.129(1)(i), Florida Statues, by failing in any material respect to comply with the provisions of Chapter 489, Part 1, Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489.126(2), Florida Statutes. COUNT II 20. Petitioner re-alleges and incorporates the allegations set forth in paragraphs | through 16 as fully set forth herein. al. Based on the foregoing, Respondent violated Section 489.129(1)(j), Florida Statutes, 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 ifthe contractor terminates the project without just cause or without proper notification to the owner, including the reason for tenmination, or fails to perform work without just cause for 90 consecutive days. COUNT IV 22. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 16 as fully set forth herein. 23. Based on the foregoing, Respondent violated section 489.129(1)(g)(2), Florida Statues, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to acustomer. Financial misraanagement or misconduct occurs when the contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the Feb 21 2008 10:02 62/21/2688 69:58 4874258268 WRIGHT FULFORD MOORH PAGE 87/28 ") total contract price paid to the contractor as of the time of abandoment, 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. COUNTY 24. ‘Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 16 as though fully set forth herein. | 25. Based on the foregoing, the Respondent violated Section 489.129(1}(m), Flonda Statutes, by committing incompetency or misconduct in the practice of contracting. FACTS PERTAINING TO CASE NO. 2005-033298 26. On or about February 4, 2005, Respondent, doing business as Harrington & Sons, entered into a written contractual agreement with Sam Grossman ("Grossman") to repair the roof of his home located at 14922 Wildflower Lane, Delray Beach, Florida, 33446, 27. Thecontract did not contain a written statement notifying Ms. Gordon of the Florida Homeowner's Construction Recovery Fund as require by section 489.1425 Flonda Statutes. 28. The total contract price was $6,995 00 of which Mr. Grossman paid in full to Respondent between September 8, 2004 and Febmary 4, 2005. 29. The contract contained a Customer Warranty provision that expires on or about February 4, 2015, 30. On or about October 7, 2004, Respondent applied for and obtained permit number 04026610 from the Palm Beach County Building Division for the work to be performed pursuant to the contract with Mr. Grossman. Feb 21 2008 10:02 62/21/2688 69:58 4874258268 WRIGHT FULFORD MOORH PAGE 88/28 ~ ~ 31, On or about October 11, 2004, Respondent commenced work on the project. 32. Afler (he date of commencement of work on the project, Respondent has not retumed to install shingles and has subsequently failed to repair the leaks that have been caused by the failure to complete the project, thereby not abiding by the warranty provided in the contract. COUNT VI 33. Petitioner re-alleges and incorporates the allegations set forth in paragraphs | through 5 and 26 through 32 as though fully set forth herein. 34. Section 489.1425(1), Florida Statutes, provides in part that a contract for itmprovement to residential real property must contain a written statement explaining the consumer's rigtits under the Construction Industry Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. 35. Based on the foregoing, the Respondent violated Section 489.129(1)G), 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. COUNT YI 306. Petitioner re-alloges and incorporates the allegations set forth in paragraphs | through 16 as fully sct forth herein. | 37. Based on the foregoing, Respondent violated Section 489. 129(1)(j), Florida Statutes, 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 to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. Feb 21 200% 10:03 g2/21/2888 89:58 4874258268 WRIGHT FULFORD MOORH PAGE 89/28 ones _ ‘ COUNT VII 38. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 5 and 26 through 32 as though fully set forth herein. 39. Based on the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. 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 thercunder. Feb 21 200% 10:03 g2/21/2888 89:58 4874258268 WRIGHT FULFORD MOORH PAGE 18/28 ~ | - Signed this 23 fay of OQrvoresarc . 2006. (e) CZ J litte. Je Affe Assistant General Counsel COUNSEL FOR DEPARTMENT: Jeffrey J. Kelly v 7 v seas" Assistant General Counsel 4 pronessione Department of Business and sot guano oN CLERK Professional Regulation pepe" acer 1940 North Mourve Street Northwood Centre aoe Tallahassee, FL, 32399-2202 re uke Wo x od wae) NK cue *B-\ Case # 2005-03668; 2005-055298 PC Found: Bloc IL Engg umeier * Lannaon

Docket for Case No: 08-000920