DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent.
REGULATION, ("Petitioner") , files this Administrative Complaint before t!e Construction Industry Licensing Board, against THOMAS GEPFRICH, O/B/A ARIZEN HOMES, INC. ("Respondent")1 ,and says:
Petitioner is the state agency charged with regulating
l
the prac ice of contracti,n9 .pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 4'89, Florida Statutes.
Respondent is, and has been at all times material
hereto, Certified General Contractor in the State of Florida,
having blen issued licens'ie' number's CG C1104399 and CG C1204399,
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which arj both current and active.
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Respondent's last known addresses of record are 1862
Pier Point Street, North Port, FL 34288 and 2700 W. Cypress
-: 1,
Creek Road #B-111, Fort Lauderdale, FL 33309.
At all times f(l&terial hereto, Respondent was the qualifying agent for Arizen Homes, Inc. ("Arizen Homes") . Arizen Homes had been previously qualified as required, receiving a certificate of authority and license QB 18820, which expired August 31, 2007.
Section 489.1195 (1) (a), Florida Statutes, provides
that all primary qualifying agents for a business organization
;_ I;_ I ,
are jointly and equally re!sponsible: for supervision of all operations of the business or,J'":anization; for all ;f;ield work at all. sites; and for finandiar matters, both for the organization in general and for each specific job.
FACTS PERTAINING TO CASE NO. 2007-048824
On or about August 18, 2006, Respondent, doing business as Arizen Homes, contracted with Frazier Hubbard ("Hubbard") to build a home at 2303 NW 24th Avenue, Cape Coral, Florida..
The total contract price was $255,330.00, of which
.. ·,:
amount Hubbard paid Resporidenl ·2 ,414.00.
Respondent failed to include his license number on the contract. :Cl
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Respondent failed to commence construction under the contract.
The percentage of contracted work completed was less
than the percentage of the. cont);.act price paid.
'
Respondent failed to refund any amount of monies paid by Hubbard.
COUNT ONE
Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein.
Section 489.119(6) (bl, florida Statutes requires that a contractor must include his license number in any offer of services, business proposal, bid, contract or advertisement,
regardless of medium.
•. ·• ' • I : '.
Based on the foregoing, Respondent violated section
489.129 (1) (i), Florida Statutas, by failing in any material respect to comply with the provisions of Chapter 4 8 9, Part l, Florida Statutes, or violAting a rule or lawful order of the
board, by having violated section 489.119 (6) (b),
Sta,tutes.
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Florida
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COUNT TWO
Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein.
Based on the foregoing, Respondent violated section
489.129(1)(g)(2), Florida Statutes, by committing mismanagement or misconduct in the pra,ctice of contracting that causes financial harm to a, cust'oiriet'. Financial mismanagement or misconduct occurs when the contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract pric paid to the contractor as of the time of aba,ndonment, unles',s the b:mtractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned.
COUNT THREE
Petitioner re-alleges and incorporates the allegations set forth in paragraphs l 'through 11 as though fully set forth herein.
Based on the f6regoing, Respondent violated section 489.129(l)(j), Florida 's'tatutes, by abandoning a construction project in which the contiactot is engaged or under contract as a contractor. A project may be presumed to be abandoned after 90 days if the contractor terminates the project without just cause
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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 FOUR
Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein;
Based on the foregoing, Respondent violated section 489.129 (1) (m), Florida Statutes, by committing incomp\;Jtency or misconduct in the practice of contracting.
FACTS PERTAIN:ii:t!G'TO CASE NO. 2007-048200
On or about Augu'st ' 17, 2006, Respondent, doing business as Arizen Homes, ·• contracted with Steven Hernandez (''Hernandez'') to build a. home at 1126 NW 17th Street, Cape
Coral, Florida.
The total contract price was $255,350.00, of which amount Hernandez paid Respondent $20,939.00.
Respondent failed to include his. license number on the contract.
Respondent failed to commence construction under the contract.
The percentage cff co'bt' racted work completed was less
'
than the percentage of the•'''cont act price paid.
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Respondent failed to refund any amount of monies paid by Hernandez.
COUNT FIVE
Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 thiough 5 arid 21 through 26 as though fully set forth herein.
Section 489.119\6) (b)',' Florida Statutes requires that
a contractor must include his license number in any offer of services, business proposal, 'bid, contract or advertisement, regardless of medium.
Based on the foregoing, Respondent violated section
489.129 (1) (i), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I,
Florida Statutes, or violating a rule or lawful order of the
' ' '
board, by having violated ''''section 489.119 (6) (b), Florida statutes.
COUNT SIX
Petitioner re-aiieges and incorporates the allegations set forth in paragraphs 1' through 5 arid 21 through 2 6 as though fully set forth herein.
Based on the foregoing, Respondent violated section 489.129(1) (g) (2), Florida Statutes, by committing mismanagement
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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 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 date the job is abandoned.
iCOUNT. SEVEN
Petitioner re-alleges and incorporates the allegations set forth .in paragraphs 1 ·through 5 and 21 through 26 as though fully set forth herein.
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 a contractor. A project may be presumed to be abandoned after 90 days if the contractor terminates the project without just cause or without proper notificati6rt· to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive d/l.ys:
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COUNT EIGHT
Petitioner re-a1leqes;. and inicorporates the allegations set forth in paragraphs 1 . through 5 and 21 through 26 as. though fully set forth herein.
Based on the foregoing, Respondent violated section
i
489.129(1)(m), Florida Statutes, by committing incompetency or mLsconduct in the practice of contracting.
FACTS PERTAINING TO CASE NO. 2007-044954
On or about October 6, 2006, Respondent, doing business as Arizen Homes, contracted with Paulette Bornelus ("Bornelus") to build a home · at 2403 Carlton Avenue North, Lehigh Acres, Florida.
The total contract price was $285,970.00, of which amount Bornelus paid Res 6riderit $14,548.50.
Respondent fail d to include his license number on the contract.
Respondent failed to commence construction under the contract.
'.rhe percentage of contracted work completed was less than the percentage of the contract price paid.
Respondent failed to refund any amount of monies paid by Bornelus.
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COUNT NINE
Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 5 and 36 through 41 as though
fully set forth herein.
Section 489.119(6) (b), Florida Statutes requires that
,', \ :
a contractor must include his. license number
in any offer of
services, business proposal,, .. bid,
·''·1i '"
con'tract or advertisement,
regardless of medium.
Based on the foregoing, Respondent violated section 489.129(1) (il, Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 4 8 9, Part I,
Florida Statutes, or violating a rule or lawful order of the
board, by having Statutes.
violated section
I COUNT· TEN
489.119(6) (bl, Florida
Petitioner re-alleges, 21nd' incorporates the allegations set forth in paragr21phs l'iithrou'gh 5 and 36 through 41 as though fully set forth herein.
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
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job and the percentage of completion is less than the percentage
of the total contract price paid to the contractor as of the
.. •·l
time of abandonment, unless th contractor is entitled to retain
such funds under the terms of the contract or refunds the excess
,,·'·(
funds within 30 days after the date the job is abandoned.
COUNT ELEVEN
Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 5 and 36 through 41 as though fully set forth herein.
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
' '
a contractor. A project rila'y be'presumed to be abandoned after 90
I'
days if the contractor termihates the project without just cause or without proper notifica,ti6n to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days.
COUNT TWELVE
Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1' through 5 and 36 through 41 as though fully set forth herein.
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Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of •contracting.
FACTS PERTAININGTG CASE NO. 2007-052280
on or about September 12, 2006, Respondent, doing business as Arizen Homes,. contracted with Jeremy Tracy ("Tracy") to build a home at 2621 NW 8th Terrace, Cape Coral, Florida.
The total contract price was $255,350.00, of which amount Tracy paid Respondent $22,785.00.
Respondent failed to include his license number on the contract.
Respondent fail'eH to· commence construction under the
contract. ''·,
The percentage ..'.o:f . cohtracted work completed was less than the percentage of the contract price paid.
Respondent failed t6 iefund any amount of monies paid by Tracy.
COUNT THIRTEEN
Petitioner re-alleges and incorporates the allegations
set forth in paragraphs 1 through 5 and 51 through 56 as though fully set forth herein.
i.,:i; ' ,.
Section 489.119(6)(b),
' '
Florida Statutes requires that
a contractor must include· his license number in any offer of
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'-,-·
services, business propci 'al, ''bid, contract or advertisement,
,regardless of medium.
Based on the f' o' regoing, Respondent violated section 489.129(1) (i), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 4 8 9, Part I, Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489.119 (6) (b), Florida Statutes.
COUNT.FOURTEEN
Petitioner re-alleges ahd incorporates the allegations set forth in paragraphs 1'.''through 5 and 51 through 56 as though fully set forth herein.
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 than the percentage
. ,, ·1 ·: ·: ,"" ' \
of the total contract pri'ce· paid to !the contractor as of the
; 'I , .
time of abandonment, unless the contractor is entitled to retain such funds under the termi ot t e contract or refunds the excess funds within 30 days after the date the job is abandoned.
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COUNT' FIFTEEN
Petitioner re-atieg-iai's and incorporates the allegat;Lons set forth ;i.n paragraphs f through 5 and 51 through '56 as though fully set forth herein.
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 a contractor. A project may be presumed to be 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, a:r f,ii±s to perform work without just cause for 90 consecutive days.'
COUNT·SIXTEEN
Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 5 and 51 through 56 as though fully set forth herein.
Based on the foregoing, Respondent violated section 4 8 9 .12 9 (1) (m) , Florida Statutes, by committing incompetency or misconduct in the practice of contracting.
one or more of the following penal ties: place on probation, reprimand the licensee, revoke suspend, deny the issuance or
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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 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.
Florida Bar No: 822221 Department of Business and Professional Regulation Office of the General Counsel
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