Jul 2 2010 14:56 Q7/82/2018 14:45 8589219186 DBPR PAGE 83/23 FILED Orpartinent of Ousinew and Prafecwenal Keeuiation Ceputy Agency Clark CLERK = Brandon Nichols Date 7/18/2009 Fan & STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, lO- fr) lO PL Petitioner, Vv. Case No. 2007-052622 THOMAS E. BOWLEG, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Business and Professional Regulation, files this Administrative Complaint before the Construction Industry Licensing Board, against Respondent, THOMAS E. BOWLEG, and alleges: 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. At all times material to this complaint, Respondent was licensed as a Certified General Contractor in the State of Florida, having been issued license number CG C032801. 3. Respondent's addresses of record are PO Box 54-0895, Miami, FL 33054 and 721 NW 207th Street, Miami, Florida 33169. G:\2009 Cases\07-032622 Bowleg.administrative comptninidec 1 Jul 2 2010 14:56 @7/82/2818 14:45 8589219186 DBPR PAGE 04/23 4. At all times material to this complaint, Respondent was licensed as the qualifying agent of T Bowleg Construction Corp. (hereinafter referred to 45 “Contractor”), a Florida corporation with no qualified business organization certificate of authority (“QB license”). 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 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. 6. On or about March 7, 2005 Contractor entered into a written contract with Charles and Belinda Wright (hereinafter teferred to as the ‘“Wrights”) for the construction of renovations and an addition to Wright’s residence located at 2751 NW 172nd Terrace, Miami Gardens, Florida. 7. The contract did not include a written statement explaining the consumer’s rights under the Florida Homeowners’ Construction Recovery Fund. 8, The contract price was $67,320.00. 9. Pursuant to the contract, from about May 27, 2005, through November 7, 2006, the Wrights made payments to the Contractor toward the contract price totaling $33,660.00. GA2009 Cases\07-052622 Bowlcp.odministralive complaint.doc 2 Jul 2 2010 14:56 87/02/2018 14:45 8589219186 DBPR PAGE 05/23 10. On or about June 2005, the Contractor applied to the City of Miami Gardens building department for a building permit for the project. The application was approved, and on or about May 11, 2006, building permit number B2005-982 was issued. ll. The Contractor performed or attempted to perform, but failed te complete, the work called for by the contract. After approximately February 2007, and without just cause and notice to the Wrights, the Contractor failed to perform further work on the project, thereby abandoning the project. 12. After the Contractor’s abandonment, the Wrights hired another contractor, System Construction Management, Inc., qualified by certified general contractor Sheldon Morant, license number CGC1507314, to complete the project, and the project was completed, with a passing final inspection from the building department on or about August 12, 2008. COUNT ONE 13. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through twelve as though fully set forth herein. 14. Respondent violated Section 489.129(1)(j), Florida Statutes (2004), by abandoning a construction project in which the contractor is engaged ox under contract aS a contractor. A project may be presumed abandoned after 90 days if the contractor terminates the project withovt just cause or without G2009 Cases\07-052622 Bowleg.sdminisurative enmplaint doc 3 Jul 2 2010 14:57 87/02/2018 14:45 8589219186 DBPR PAGE 66/23 proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT THO 15. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through twelve as though fully set forth herein. 16. Section 489.119(2), Florida Statutes, provides: if the applicant proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, ox other legal entity, or in any name other than the applicant’s legal name or a fictitious name where the applicant is doing business as a sole proprietorship, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 17. Respondent violated Section 489.129(1) (5), Florida Statutes (2004), by failing in any material respect to comply with the provisions of this part or violating a rule or Jawful order of the board by failing to obtain a QB license for T Bowleq Construction Corp., in violation of Section 489.119(2), Florida Statutes. GAZOOY Cases\07-052622 Bowleg.adminisarmive camplaine.doc 4 Jul 2 2010 14:57 07/82/2818 14:45 8509219186 DBPR PAGE 67/23 COUNT THREE 18. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through twelve as though fully set forth herein. 19. Section 489.1425, Florida Statutes, states; “(a)ny agreement or contract for repair, restoration, improvement, Or construction to residential real property must contain a written statement explaining the consumer’s rights under the Florida Homeowners’ Construction Recovery Fund, except where the value of all labor and materials does not exceed $2,500.” 20. Respondent violated Section 489.125(1) (i), Florida ' Statutes (2004), by failing to include a written statement explaining the consumer’s rights under the Florida Homeowners’ Construction Recovery Fund in the contract with the Wrights, in violation of Section 489.1425, Florida Statutes. 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 all penalties delineated within Section GA2009 Cases\07-052622 Rowleg.admmisteave complaint, doc 5 Jul 2 2010 14:57 67/02/2018 14:45 8589219186 DBPR PAGE 68/23 455.227(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 _Uk®d aay of pine , 2009. O CHARLES W. DRAGO, Secretary Department of Business and Professional]. Regulation By: / heowtee. [O-,. SG. Theodore R. Gay 7 Assistant General Counsel Florida Bar No. 242896 Department of Business and Professional Regulation Office of the General Counsel 8240 N.W. 52nd Terrace, Ste. 304 Miami, FL 33166 (305) 470-6783 ext. 2225 Telephone (305) 470-5781 Facsimile PCP Date: _(p-\8-O PCP Members: 3 Kore TRG/sb G:A2009 Cases\07-052622 Bowleg administrative complanl.doc 6

Docket for Case No: 10-004710PL