Apr 20 2009 16:22 @4/2e/2889 16:19 8589219186 DEPR PAGE 83/88 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2007-045282 JOHN §. ADAIR UR., D/B/A ADAIR HEATING AND AIR, Inc., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construetion Industry Licensing Board, against JOHN 5. ADAIR JR., ("Respondent"), and says: 1. Petitioner is the state agency charged with xegulating 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 Air Conditioning Contractor. in the ‘State of Florida, having been issued license number CA 58547, which is in gurrant and active status. GAOGC\Fortunas\New Format Admin. Complaints\Vohn 8. Adair Jr., 489.1291 fe)(jm)G) Case# 2007-045282.doc 1 Apr 20 2009 16:23 @4/20/2889 16:19 9589219186 DEPR PAGE 84/88 a _ 3. Respondent's last known addresses of record are P.O, Box 61823 Jacksonville, Florida 32236 and 2558 Lourdes Drive West, Jacksonville, Florida 32210. 4. At all times material hereto, Respondent was doing business as Adair Heating and Air, Inc. (“Adair”). 5. At all times material hereto, Respondent possessed a Current certificate of authority as required by Section 489.119(2) Florida Statutes, having been issued OB# 43810. 6. 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. 7, On or about July 1, 2007, Respondent entered into a contract with Donzalo Solomon (“Solomon”) to anstall an air conditioning system and related air conditioning equipment at the residence of Solomon located at 342 East Ninth St., Jacksonville, Florida 32206. 8. The total contract price was $3,400.00, of which Respondent has been paid $1,700.00. 9. Respondent performed no work contracted for despite obtaining a permit for the project on July 3, 2007. G:\OGC\Fortunas\New Format Admin, Complaints\ohn $. Adair Jr, 489.1291 (2)(])M) CG). Case 2007-045282. doe ‘ 2 Apr 20 2009 16:23 5/88 @4/2e/2889 16:19 8589219186 DEPR PAGE & 10. Respondent abandoned the project by failing to commence work for a period of at least hinety consecutive days. li. Since Respondent did not perform any work, despite being paid 50% of the contract price, the percentage of the work completed was less than the percentage of the contract price paid at the time of Respondent’s abandonment . COUNT ONE 12. Petitioner realléges and incorporates the allegations set forth in paragraphs 1 through 11 as ‘though fully set forth herein. 13. Based on the foregoing, Respondent violated Section 489.129(1) (g) (2), Florida Statutes, by committing mismanagement or miscenduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement ‘ or misconduct occurs when the contractor has abandoned a customer's job and the percentage of completion is less that than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled toe retain such funds under the terms of the contract or refunds the excess funds within 30 days after the job is abandoned. COUNT TWO 14. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. GAOGC\Fornmas\New Format Admin, Complaints\ohn §. Adair Jr., 489.129(1)(29G mi) Case# 2007-045287 doe 3 Apr 20 2009 16:23 8 Q4/20/2089 16:19 8589219186 DEPR PAGE 86/8 15. 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 THREE 16. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 17. Based on the foregoing, Respondent violated Secétion 489.129(1) (m), Florida Statutes, by committing incompetence or misconduct in the practice of contracting. WHEREFORE, Patitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing oné or more of the following penalties: Pplacé 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 $10,000 per violation, require “continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section GAOGC\Fortunas\New Format Admin. Comptaints\Vohn 8. Adair Jr., 489.1291 eiGmi(i) Case# 2007-04528? doc 4 Apr 20 2009 16:23 Q4/20/2089 16:19 8589219186 DEPR PAGE 87/88 455.227(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 Z&e day of , 2008. PC Found: August 26, 2008 . . Fortunas Div. I: Pietanza & Lawson ames Assistant General Counsel Florida Bar No. 21635 Department of Business and Ev pegsts® ' Professional Regulation t \\ penta oO Office of the General Counsel ante cays 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 GAOGC\Fortunas\New Format Admin. Complaints\ohn $, Adair Jr, 489.1 29(1)(8)G)(m)(i) Casei# 2007-04538 doc

Docket for Case No: 09-002122