Feb 11 2009 9:04 g2/11/2889 16:48 8589219186 DEPR PAGE 45/18 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD . DIVISION I . | DEPARTMENT OF BUSINESS AND / oo . PROFESSIONAL REGULATION, Petitioner, ° v. Case No. 2008-004496 CHRISTOPHER JOHN EGGERTSSON Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against CHRISTOPHER JOHN EGGERTSSON, ("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 Residential Contractor, license number CRC 1326511, in the State of Florida, which is currently in “current active” status. 3. At all times material hereto, Respondent was acting as an officer and director and the licensed qualifier for Stemwinder Homes, Inc., a Florida corporation and a construction GAOGC\PR W\Eagertsson, C Feb 11 2009 9:04 g2/11/2889 16:48 8589219186 DEPR PAGE 46/18 qualified business, license number QB25823, which is currently in “current and active” status. 4.0" ‘Respondent's. address of record ’is..11648:-North'-47" Road, Royal Palm Beach, Florida 33411. 5. On or about February 18, 2006, Respondent entered into a contract with Doreen Wilson (“Complainant”) to build a xesidence located at 454 Fillmore Avenue N.E., Palm Bay, Florida, 32907 (“Project”) . . 6.” The contract amount was $222,000.00. 7. On or about January 19, 2007, Complainant closed on a loan with National City Mortgage (“NCM”’) in the amount of $226,452.00, 8. To date, NCM has disbursed all funds to Respondent in six draws totaling $222,000.00. In addition, Complainant paid Respondent $6,734.00 from his own funds for upgrades. 3. Although NCM disbursed all funds to Respondent, NCM’s draw inspection dated June 11, 2007 indicates that the Project was only 85% complete. 10. Respondent filed A Notice of Commencement for work on the Project with the Brevard County Clerk of the Circuit Court on May 5, 2006. ' il. Respondent began work on the Project sometime: in February, 2007. 12. Respondent stopped work and abandoned the Project GAOQGC\PR Wikggertsson, C Feb 11 2009 9:04 g2/11/2889 16:48 8589219186 DEPR ; PAGE @7/1a prior to completion. 13. On October 12, 2007, subcontractor Hurricane Builders, Ine. ,.;avPloridacorporation, filed..a claim-«of-Lien: with -the Brevard County Clerk of the Circuit Court in the amount of $5,553.75 for work performed onthe Project on August 1, 2007 through August 15, 2007. 14. On October 10, 2007, subcontractor Kangaroo Electric, Inc., a Florida corporation, filed a claim of lien with the Brevard County Clerk of the Circuit Court iin’ the amount of $9,494,00 for work performed on the Project on March 20, 2007 through April 25, 2007. 15. On May 1, 2007, subcontractor Farthing Motorsports Enterprises, Inc., a Florida corporation, filed a claim of lien with the Brevard County Clerk of the Circuit Court in the amount of $15,870.00 for work performed on the Project on February 27, 2007 through April 17, 2007. 16, On August 2, 2007, materialman Gulf Stream Builder’s Supply, Inc., @ Florida corporation, filed a claim of lien with the Brevard County Clerk of the Circuit Court in the amount of $2,721.85 for materials delivered to the Project on February 23, 2007 through May 10, 2007. GAOGC\PRWiEggertssan, C Feb 11 2009 9:04 g2/11/2889 16:48 8589219186 DEPR PAGE 88/14 17. On August 23, 2007, subcontractor Clean Aix Technologies HVACR, Ine., a Plorida. corporation, filed a claim of lien with the:Brevard County Clerk woof. the Cireult..ourt- din “the amount of $3,375.00 for work performed on the Project on March 19, 2007, 18. On August 28, 2007, subcontractor Ideal Roofing Systems, Inc., a Florida corporation, filed a claim of lien with the Brevard County Clerk of the Circuit Court in the amount of $6,555.00 for work performed on the Project on February 22,° 2007 through August 6, 2007. 19. Aithough Respondent received a total of six draws from ACM, he failed to pay subcontractors and have the above liens timely removed. 20. Ultimately, Complainant was forced to complete the Project and have the liens released from his own funds. 2i1. Respondent’ s incompetence, misconduct, mismanagement and abandonment have caused financial harm to the Complainant . COUNT I 22.. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-one as though fully set forth herein. 23. Based upon the foregoing, Respondent violated Section 489.129(1)(g) (1), Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes GAOQGC\PRW\Eggertsson, C Feb 11 2009 9:04 g2/11/28689 16:48 8589219186 DEPR PAGE 89/14 ‘financial harm to a customer. Financial mismanagement or misconduct occurs when valid liens have been recorded against the ‘property: of "av contractor's customer f6r supplies or services ordered by the contractor for the customer’s job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens. COUNT IT ) 24. Petitioner re-alleges and incorporates the allegations set forth in paragraphs ene through twenty-one as though fully set forth herein. 25. Based on. the foregoing, Respondent violated section 489.129(1) (4), 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 proper notification to the owner, including the reason ‘for termination, or fails to perform work without just cause for 90 consecutive days. COUNT IIT 26. Petitioner re-allieges and incorporates the allegations set forth in paragraphs one through twenty-one as though fully set forth herein. GAOGC\PRWAEagertsson, C Feb 11 2009 9:05 62/11/2689 16:68 8589219186 DEPR PAGE 16/18 27. Based on the foregoing, Respondent violated section 489.129(1) (m), Florida Statutes, by committing incompetence or imi smanagetient «im. the.-practice of cofttracting “as further rdéfired undex Rule 6164-17.001(m)2, F.A.C. 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 reriewal of the certificate of registration, require financial restitution to a consumer, impose an administrative fine not to exceed $10,000.00 per violation, require continuing education, assess costs associated with the investigation and prosecution, imposé any or all penaities delineated within Section 455.227(2), Florida Statutes, and/or any other relief the Board is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promoseces thereunder. Signed this 7 day of “Dera , 2008 {fOr Ft <= Paul Richard Waters Assistant’ General Counsel faith Florida Bar No. 0817651 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-220 (850) 414-6088 Telephone (850) 921-9186 Facsimile . PC Found: December 2, 2008 GAOGCAPR WiEgeertsson, C Div, I: Stewart & Sheehan

Docket for Case No: 09-000697PL