May 4 2010 16:03 @5/84/2018 15:52 8509219186 DBPR PAGE 09/14 STATE CF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND rs PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2007-030607 WALLACE BERNARD CHESTER, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Business and Professional Regulation, ("Petitionex”), files this Administrative Complaint before the Construction Industry Licensing Board, against WALLACE BERNARD CHESTER (“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 CG C1504933. 3. Respondent's address of record is 39 NW 166™ Street, Suite 5, Miami, Florida 33169. GATed 2008 Construction Cases\07-030607 Chester. AC.doc 1 May 4 2010 16:03 05/84/2818 15:52 8589219186 DBPR PAGE 10/14 4. At all times material hereto, Respondent was licensed as the qualifying agent for The Chester Group, Inc. (hereinafter -neferreds to-.ias “Contractor”"), a:.-Florida corporation “with qualified business organization certificate of authority number QB23364. 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 ail 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. 6. On or about April 27, 2006 the Contractor entered into a written contract with The Villas At Woodland Greens Association, Inc. (hereinafter referred to as “the Villas”) to replace 6 foot high wood fencing and replace wood gates owned by the Villas and located in the vicinity of 5701 Swordfish Circle, Tamarac, Florida. 7. The contract price was $31,985.00. 8. The contract called for payment of 50% of the contract Price at the start of the project and for payment of the remaining 50% of the contract price upon completion. Pursuant to the contract, on or about May 7, 2006 the Villas paid the Contractor 50% of the contract price totaling $15,992.50. G:\Ted 2008 Construction Cases\07-030607 Chester.AC.doc ‘ 2 May 4 2010 16:04 @5/04/281@ 15:52 8509219186 DBPR PAGE 11/14 9. Without obtaining a building permit, the Contractor performed or attempted to perform, but failed to complete, the «work called for- by the. contract... After. approximately April 2007, and without just cause, the Contractor failed to perform further work, thereby abandoning the project. COUNT ONE 10. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine as though fully set forth in this Count One. 11. Based upon the foregoing, the Respondent violated Section 489.129(1) (5), Florida Statutes, by abandoning a construction project in which the contractor is engaged or undex 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 TWO 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine as though fully set forth in this Count Two. 13. Based upon the foregoing, the Respondent violated Section 489.129(1) (0), Florida Statutes, by proceeding on any GATed 2008 Construction Cases\07-030607 Chester. AC.doc a May 4 2010 16:04 @5/04/2018 15:52 8509219186 DBPR PAGE 12/14 job without obtaining applicable local building department permits and inspections, by commencing the project in this case swithout: a-building permit... 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 $10,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or ail 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, an ian rules promulgated thereunder. Signed this Z day of Duende , 2008. Mines p Sot oe to I Laie. ko. Ea Theodore R. Gay Assistant General Counsel Florida Bar No. 242896 Department of Business and Professional Regulation Office of the General Counsel 8240 NW 52™ Terrace, Suite 304 Miami, Florida 33166 (305) 470-6783 ext. 2225 Telephone (305) 470-5781 Facsimile TRG/sb GATed 2008 Construction Cascs\07-030607 Chester. AC.doc ; PC Found: December 2, 2008 Div. J: Stewart & Sheehan

Docket for Case No: 10-002434PL