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Oeput:, Agency Clefk

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Poto 317/2011

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S1'A'l'E 01<" FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

DEPARTMENT OF BUSINESS AND PROrESSIONAL REGULATION,

Petitioner, Case No.: 2010-024300

v.

MARK DAVID RADAK1

D/B/A LAUREN MAR BUILDERS, INC.

Respondent.

ADMINISTRATIVE COMPLAINT

Petitioner, DEJ?ARTMEN'I' OF BUSINESS AND PROFESSIONAL

REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, ag<l-inst MARK DAVID RADAK, ("Respondent"), and says:

1. Petitioner is the state agency charged with regulating the;; practice of contracting punn,1ant to Section 20 .165, Florida st,tutes, and Chapters 455 and 489, Florida Statutes.

2. At all times niaterial to this Complaint, Respondent wa licensed to practice contracting within the State of Florida pufsuant to Chapters 455 and 489, Florida Statutes, as a Division I Contractor, having been issued licemse number CGC

   057256.

3. Respondent's address of record is 1648 SE 4t h Street, Deerfield Beach, FL, 33441.

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4. At all times material hereto, Respondent was the Primary qualifying agent for Lauren Mar Builders, Inc.

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.

1. On or about August 19, 2009, Respondent entered into a contract with Zak Nathan, ("Nathan"), to construct an addition at the Nathan residence in Boca Raton, Florida.

2. The contract was a cost plus agt·eement in which

   Respondent would receive twenty percent of the project's cost as compensation.

3. On or about August 27, 20091 Nathan paid Respondent

   
   

   $20,000.00 for the project.

4. The contract failed to include a written notice of the Florida Homeowner's construction Recovery Fund.

5. The contract failed to include Respondent's license

   
   

   number.

6. Respondent; failed to commence work on the project.

   
   

7. Respondent failed to refund any portion of the

   
   

   $20,000.00 Nathan deposit or account for the unreturned amount.

   
   

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   COUNT ONE

8. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one (1) through twelve (12) as though fully set forth herein.

9. Section 489.129(1)(j), Florida Statutes, prohibits abandoning a project, which provides in part, "A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification..."

10. Based on the facts set forth above, Respondent v·iolated Section 489.129(1) (j), Florida Statutes, by failing to work on the Nathan project for a period exceeding 90 days without just cause.

    COUNT TWO

    
    

11. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one (1) through twelve (12) as though fully set forth herein.

12. Section 489,129(1) (g)2, Florida Statutes, states in part financial misconduct or mismanagement occurs when, "A 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."

13. Based on the facts set forth above, Respondent violated Section 489.129(1)(g)2, Florida statutes, by

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    abandoning the Nathan project, receiving $20,000.00 while completing' zero percent of the project.

    COUNT THREE

14. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one (1) through twelve (12) as though fully set forth herein.

15. Section 489.1425, Florida Statutes, provides in part

    
    

    that:

    
    

    Any agreement or contrcJct for repair, restoration, improvement, or cons'truction to residential recJl property mu,;,t contain a written statement explaining the consumer's .eights unde.c the recovery fund, except where the value of all labor and material does not

    exceed $2,500 ...

16. Section 489.129(1) (i), Florida Statutes, provides disciplinary action for, "Failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board.•

17. Based upon the facts set forth above, Respondent violated section 489.129(1)(i), F"lorida statutes, by failing to comply with Section 489.1425, Florida Statutes, in that Respondent failed to provide written notice of the Florida Homeowners' Construction Recove y F no,

    
    

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    COUNT FOUR

18. l?etitioner re-allege::;; and incorporates the allegations set forth in paragraphs one (1) through twelve (12) and twenty one (21) as though fully set forth herein.

19. Section 489.119(5)(b)1 Florida statutes, provides in part that:

    The registration or certification number o:t each contractor shall appear in each offer o:t services, business proposal, bid, contract, or advertisement ...

    
    

20. Based upon the facts set forth above, Respondent violated section 489.129(1) (i), Florida statutes, by failing to comply with Section 489.11915) lb), Florida Statutes, in that Respondent failed to include a certification number on the

    Nathan contract.

    COUN'I' FIVE

    
    

21. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one (1) through twelve (12) as though fully set forth herein,

22. Section 489.129(1)(m), Florida Statutes, prohibits: "Committing incompetency or misconduct in the practice of contracting,ll Based upon the facts set forth above, Respondent violated section 489.129(1)(m), Florida Statutes, in one or more of the following ways:

    i'l-) By abandoning the Nathan project, in violation of

    
    

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    section 489.129(1) (jl, Florida Statutes.

    
    

    bl By committing financial misconduct on the Nathan

    project, Statutes.

    in violation of Section 489.129(1l (gl2, Florida

    Cl By failing to provide written notice of the Florida Homeowners' Construction Recovery Fund, in violation of section 489.129(ll (ii, Florida Statutes.

    d) By failing to include a certificate number on the Nathan

    
    

    contract, Statutes.

    in violation of Section 489.129 (ll (il, Florida

    el By failing to refund or account for any portion of the

    $20,000.00 Nathan deposit.

    
    

23. Based on the foregoing, Respondent violated Section 489.129(1) (ml, Florida Statutes, by committing abandonment, by committing financial misconduct, by failing to include a certificate number on a contract for services, by failing to provide written notice of the Florida Homeowrn,rs' Construction Recovery F'und, and by failing to refund any portion of the deposit on the Nathan project.

WHEREF'ORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penal ties: place on probation, reprimand the licensee, revoke, suspend, deny the issuarn;:e or renewal of the certificate or resristration, require financial

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restitution to a consumer, impose an ad:ministrative 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, "nd/or the rules promulgated thereunder.

Signed this 22nd day of February, 2011.

CHARLIE LIEM, Secretary Department of Business and

Professional Regulation

By: Jl_narew CRyGin Pier Andrew Rubin Fier Assistant General Counsel Fl. Bar No. 84985

Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe street,Ste. 42

Tallahassee, FL 32399-2202

(850) 488-0062 Office

(850) 921-9186 Facsimile

PC Found 02/22/2011 Batton/Cathey

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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 Cll-11 ll-nd cross-examine witnesses ll-nd to hll-Ve subpoenas and subpoenas duces tecum issued on his or her behalf if" hell-ring is requested. Rule 28-106.111, Florida Administrative Code, provides in pll.rt thll-t 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 REGARDrNG ASSESSMENT OF COSTS

Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matte;r, Pursuant 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 othe;r discipline imposed.

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Docket for Case No: 11-002992