Feb 21 2008 10:04 g2/21/2888 89:58 4874258268 WRIGHT FULFORD MOORH PAGE 14/28 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, VS. Case No. 2005-022528 TIMOTHY FRANCIS HARRINGTON D/B/A VALLEY ROOFING, 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 Licensed Certified Roofing Contractor, Inc., in the State of Florida, having been issued license number CC 042796, currently inactive. 3. Respondent's last known mailing address is 10646 Wheelbouse Circle, Boca Raton, FL 33428. 4. At all times material hereto, Respondent was not licensed as a qualifying agent for Valley Roofing, Inc. Feb 21 2008 10:04 g2/21/2888 89:58 4874258268 WRIGHT FULFORD MOORH PAGE 15/28 — “= 5, At all times material hereto, Respondent was the registered agent and sole officer/director of Valley Roofing, Inc.,. 6. At all times material hereto, Valley Roofing, Inc., was not registered as a qualified business. 7. 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 organization in general and for each specific job. 8. On or about June 5, 2003, Alice Flateman contracted with Valley Roofing, Inc., to re-roof Flateman’s residence located at 7295 Ballentrae Court, Boca Raton, FL 33496. 9 At the time of the contract, Respondent was nut a livenyed contractor, but was in the process of applying for licensure with the Department. 10. At the time of the contract, Scott P. Allen, a Certified Roofing Contractor possessing license # CC 0042796, was the licensed qualifier of the business. However, Allen resigned as the qualifier of Valley Roofing in July, 2003 before work commenced on the project. 11. The contract price was $27,000.00, of which Flateman paid $18,000 to Valley Roofing . | 12. The contract did not contain notification of the Construction Industries Recovery as required by Section 489.1425, Florida Statutes. | ) 13. Valley Roofing commenced work on the project on August 13, 2003 but temporarily ceased work on August 20, 2003. 14. On or about October 2, 2003, a permit for the project was obtained from the Palm Beach County Building Department by Kevin Skelhorn (“Skelhorn’”), a Certified Roofing Feb 21 2008 10:04 g2/21/2888 89:58 4874258268 WRIGHT FULFORD MOORH PAGE 16/28 cant 7 Contractor possessing license # CC C057576. Skelhom was not a party to the contract between Valley Roofing, Inc. and Flateman nor was Skelhom employed by Valley Roofing, Inc. 15. On or about October 31, 2003, Respondent obtained licensure with the Department as a Certified Roofing Contractor possessing CC C042796 while still being the registered agent and sole officer/director of Valley Roofing, Inc. 16. On or about December 12, 2003, Respondent, acting as the new qualifier for Valley Roofing, Inc., contracted with Flateman to re-commence working on the project until its completion and all inspections were obtained and approved. 17. The contract price to finish the job was $9,000.00, of which Flateman would pay 56,568.43 to Bradco Supply Corp. for materials for which Valley Roofing, Inc. failed to pay, and the balance of $2,431.57 to Valley Roofing Inc. 18. In accordance with the new contract with Respondent, Flateman subsequently paid $6,922.81 to Bradco Supply Co. for the roofing materials. 19. After the project failed to pass an inspection on January 22, 2004, Respondent failed to perform any more work on project. 20. Due to the failed inspections and Respondent’s failure to make corrections or perform any additional work, Flateman terminated Respondent and Valley Roofing from the project on or about February 17, 2004. 21. Flateman subsequently paid Gomez Roofing, Co. $16,350.00 to complete the project and obtain all inspections. 22. Flateman paid 2 total of $41,272.81 to complete the project ($18,000.00 to Valley Roofing + $6,922.81 to Bradco Supply Corp. + 16350.00 to Gomez Roofing Co. = 41,272.81), which is $14,272.81 over the original contract price provided by Valley Roofing, Inc. Feb 21 2008 10:05 g2/21/2888 89:58 4874258268 WRIGHT FULFORD MOORH PAGE 17/28 ~ ~ COUNT I 23. ‘Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-two as fully set forth herein. 24. 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 not exceed $2,500.00. 25. 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. co i 26. —_‘ Petitioner realleges and incorporates the allegations set forth in paragraphs onc through twenty-two as fully set forth herein. 27. Based on the foregoing, 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 thereunder. Feb 21 2008 10:05 g2/21/2888 89:58 4874258268 WRIGHT FULFORD MOORH PAGE 18/28 +, ~ mn ‘Signed this au day of Prepare » 2005. Assistant General Counsel COUNSEL FOR DEPARTMENT: Jeffrey J. Kelly Assistant General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Northwood Centre F L E D Tallahassee, FL 32399-2202 Case # 2005-022528 iy PC Found: August 23, 2005 DATE Div II: R. Holloway & K. Lawson

Docket for Case No: 08-000921