FILED Oypartment ut Beis and Prafeaskuial Reyuldtion Deputy Ageney Clerk CLERK Brandon Nichols Bote 11/16/2009 Fle # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & ITI DEPARTMENT OF BUSINESS AND PROFESSTONAL REGULATION, Petitioner, ve Case No. 2008-061702 DONALD J. TABER, d/b/a DO RIGHT GENERAL CONTRACTORS, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against DONALD J. TARBER d/b/a DO RIGHT GENERAL CONTRACTORS, INC, ("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, at all times material hereto, was a Certified General Contractor in the State of Florida, having been issued license number CG C058624; and was a Certified Roofing Contractor in the State of Florida, having been issued license number CC C1325741, B@TfEa Fad dad 98TbTcbese PE‘6a Tad fae /AT 6r:6 8 O10e Oe 450 3. Respondent's last known address of record is 1871 SE Boma Avenue, Port St. Lucie, Florida 34952. 4, At all times material hereto, Respondent was doing business as DO RIGHT GENERAL CONTRACTORS, INC. (“RGC”) which has not een issued Certificate of Authority 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 July 5, 2007 Respondent entered into a contract with Charles Wadlington, Sr. (Complainant") to build a home, 7. The total contract price was $42,285.00, of which Respondent has accepted $38,900.00. 8, Respondent abandoned the job. 9. Respondent failed obtain necessary permits 10, Respondent failed to pass all necessary inspections, including a final inspection. ll. At the time of abandonment, the percentage of work completed by Respondent was less than the percentage paid for the work. BT/Pa SBKd dad 98TbTcbese PE‘6a Tae /ae /AT 6r:6 8 O10e Oe 450 COUNT ONE 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven 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 misconduct 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 to 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 one through eleven as though fully set forth herein. 15. Based on the foregoing, Respondent viclated 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 @T/SA JBvd dad 98TbTcbese PE‘6a Tae /ae /AT 6r:6 8 O10e Oe 450 for termination, or fails to perform work without just cause for $0 consecutive days.in. COUNT THREE 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth herein. 17. Based on the foregoing, Respondent violated Section 489,129(1) (m), Florida Statutes, by committing incompetence or misconduct in the practice of contracting. 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 consumér, 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 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. [SIGNATURE PAGE FOLLOWS] @T/98 Spd dad 98TbTcbese PE‘6a Tae /ae /AT 6r:6 8 O10e Oe 450 DBPR vy. Taber 2008-061702 Administrative Complaint Signature Page, Page 5 of 5 Signed this 27“ day of October, 2009. CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation By! Paul Richard Waters Paul Richard Waters, Esq. Assistant General Counsel Florida Bar No. 817651 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 414-6749 Facsimile PC Found 10/27/09 Div I: Bonuso/Del Vecchio Div II; Engelmeier/Pietanza BT/é@ Fav , dad 98TbTcbese PE‘6a Tae /ae /AT 09:6 Ode 02 450 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120,57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter, Fursuant to Section 455,.,227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent. in addition to any other discipline imposed. BT/8a Jovd dad 98TbTcbese PE‘6a Tae /ae /AT 09:6 Ode 02 450

Docket for Case No: 10-009782