; STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Ve Case No. 2008-021393 DAVID PETER HARTLEY, D/B/A Wilcox Homes of Florida, Inc., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against DAVID PETER HARTLEY, ("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 General Contractor in the State of Florida, having been issued license number cGc 1513013, which is in current and active status. 3. Respondent's last known address of record is 255 NW 113° Circle, Ocala, Florida 34452, G:AOGC\Fortunas\New Format Admin. Complaints\David Hartley, 489.129(1)(2)Gm)(i) Case# 2008-021393.doc 1 Eafea avd dad 98TbTcbese Ea spl 6a2/eT/oe Ol:tT 600Z ZT Bny 4.0 At all times material. hereto, Respondent was doing business as Wilcox Homes of Florida, hereinafter (“Wilcox”). 5. At all times material hereto, Respondent. possessed .a current certificate of authority as required by Section 489.119(2) Florida Statutes, Qualified Business License #53376. 6. Section 489.1135(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 April 2, 2007, Respondent entered into a contract with Susan Gutterman, hereinafter (“Gutterman”’) to construct a single family residence on property located at 4585 SW.116" Place, Ocala, Florida. 8. The total contract price was $460,000.00, of which Respondent has been paid approximately $203,575.00 or 44% of the contract price. 9. Respondent failed ta pay the following subcontractors ox suppliers: Mason Dixen Contracting $16,468.14, A/C Care tne. $6,250.00, Rinker Materials of Florida Inc. $15,969.25, Custom Window Systems Inc. $4,609.76, for services rendered and/or materials supplied to the Gutterman project. GAOGC\Fortunas\New Format Admin. Compluints\David Hartley, 489, 129(1 (2X7) (i) Case## 2008-02 1393.doc 2 Ee/Pa Fad Ada SSBTETé6aS8 EG:Pl 6802 /eT/8e Ol:tT 600Z ZT Bny 10, Respondent's failure to pay above subcontractors’ resulted in liens being Filed on Gutterman’s property. 11. Respondent performed approximately 40% percent of the work contracted for and has been paid approximately 44% of the contract price. 12. Respondent last performed werk on the Gutterman’s home in December, ‘2007, and thereafter Performed no work on the Gutterman project. COUNT ONE 13. Petitioner .realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein, 14. 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 & 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 TWO 15. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. G:AOGC\Fortunas\New Format Admin, Complaints\David Hartley, 489.129(1)(2)(m\(i} Cased 2008-021393.doc 3 €2/G@ Fovd Ada JSTETé6eS8 EG *PT Gabe /2T/8e Tlitt 600Z ZT Bny 16.. Based on the foregoing, Respondent violated Seetion 489,129(1)(g) (1), Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when: valid liens have been recorded against the property of a contractor's customer for supplies or services ordered by the contractor for the customer’s job. COUNT THREE 17. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein, 18. 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 or misconduct occurs when: The contractor has abandened the customer’s job and the percentage of completion is less than the percentage of the tetal contract price paid to the contractor as of the time of abandonment. COUNT FOUR 19. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 20. Based on the foregoing, Respondent vielated Section 489.129(1)(m), Florida Statutes, by committing incompetence or misconduct in the practice of contracting. GAOGC\Fortunas\New Format Admin. Complaints\David Hartley, 489.129(1)(s)j)(m)(i) Cased 2008-021393.doc 4 Ee/9e Fad Ada SSBTETé6aS8 EG:Pl 6802 /eT/8e Tlitt 600Z ZT Bny

Docket for Case No: 09-004284