The Issue Whether the Respondent committed the acts alleged in the Administrative Complaint and, if so, the penalty which should be imposed.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing and on the entire record of this proceeding, the following findings of fact are made: The Department of Business and Professional Regulation is the state agency responsible for investigating and prosecuting complaints made to the Department for violations of Chapter 489, Part I, Florida Statutes. Sections 489.131(7)(e); 455.225, Florida Statutes. Pursuant to Section 489.129(1), the Construction Industry Licensing Board ("Board") is the entity responsible for imposing discipline for any of the violations set forth in that section. At the times material to this proceeding, Mr. Tagliaferro has been licensed by the Department as a certified building contractor, having been assigned license number CB C020944 by the Board. His license is currently suspended for failure to make payments pursuant to the terms of a stipulation adopted in a final order of the Board effective June 20, 1994. At all times material to this proceeding, Mr. Tagliaferro was the licensed qualifying agent for C. J. Construction Corporation. On or about May 15, 1994, Mr. Tagliaferro, d/b/a C. J. Construction Corporation, entered into a contract with Mr. Esteban Garcia to build a second-floor addition to Mr. Garcia's home located at 7541 Northwest 1st Court, Pembroke Pines, Florida. The contract specified that C. J. Construction Corporation would construct an area approximately 24' x 17', and the scope of the work included installing roof shingles to match the existing roof, new windows, a stairway to the new second- floor addition, a new entrance door, new electrical wiring for the second-floor addition, and new plywood flooring over the existing roof. No completion date was specified in the contract. The price stated in the contract for this construction was $17,000, with one-third of the price due on signing the contact and the remainder due as the job progressed. On May 16, 1994, the date the contract was signed, Mr. Tagliaferro received payment of $5,000. The building plans were approved on or about August 11, 1994, and Mr. Tagliaferro began construction immediately thereafter. Payments were made to Mr. Tagliaferro by checks dated August 30, 1994, September 22, 1994, and October 21, 1994, in the amounts of $5,000, $3,000, and $2,000, respectively. Mr. Tagliaferro found that it was necessary to change the dimensions of the addition from 24' x 17' to 24' x 24' to accommodate the stairway to be built to the second floor. Had the addition been built to the original dimensions, the stairway would have covered a window. Mr. Tagliaferro prepared a written change order, with an estimate of $6500 to construct the addition to the increased specifications. Although the change order was never signed, Mr. Tagliaferro framed the addition at 24' x 24'. Mr. Tagliaferro installed the plywood flooring over the existing roof, framed the addition, installed the roof trusses, installed plywood sheeting on the exterior walls and roof, installed the new staircase, and tin-tagged the roof. Mr. Tagliaferro called for an inspection of the framing on October 27, 1994. The framing did not pass inspection because there was no approved copy of the plans on site, as required. Mr. Tagliaferro did not remove the plans from the site prior to the inspection. After the failed inspection on October 27, 1994, a member of Mr. Tagliaferro's family died, and it was necessary for him to go to New York, where he remained for three or four days. Mr. Tagliaferro telephoned Mr. Garcia's daughter, Mirna Espina, and told her that he was in New York to take care of personal matters. When he returned, he contacted the architect to have another set of plans drawn up so he could re-submit them for approval and continue construction. Ms. Espina telephoned Mr. Tagliaferro numerous times after October 27 to ask when he intended to return to complete the construction. She received no answer and left messages on the answering machine. Mr. Tagliaferro did not return her calls. At some point after October 27, Ms. Espina went to the police department and asked that a police officer accompany her to Mr. Tagliaferro's house so she could talk to him and ask when he intended to return to complete the construction. Mr. Tagliaferro answered the door and, when the police officer asked when he was going to finish the construction job, Mr. Tagliaferro explained that he had a problem but intended to return to complete the job. When the police officer told him to tell the truth about whether he intended to complete the job, Mr. Tagliaferro did not respond and closed his door. Mr. Garcia, Ms. Espina, and her husband decided to complete the project themselves in early-to-mid December 1994. Although he eventually obtained another set of plans, Mr. Tagliaferro did not return to the Garcia house to complete the addition. As of October 21, 1994, when he was last on the job, Mr. Tagliaferro had not installed roof shingles, new windows, an entrance door, wirelath or stucco on the exterior walls, electrical wiring, sheet rock with popcorn ceiling, or insulation, and he had not extended the air conditioning ductwork to the new addition. A proposal for the installation of wirelath and stucco, dated December 10, 1994, was prepared by Repairs Unlimited, Inc., and was accepted by Mr. Garcia. On January 11 and 30, 1995, respectively, Mr. Garcia also accepted proposals from Miller Roofing to install asphalt shingles on the roof and from Cayamas Electric Corporation to do the electrical work in the addition. Numerous receipts from building supply stores attest to the materials purchased by Mr. Garcia to complete the project, and a statement dated January 30, 1995, indicates that repair and reinstallation work was performed for Mr. Garcia by Samuel Benson on January 15, 22, and 29. These contracts total $5,421.00. Mr. Garcia hired an attorney on December 16, 1994, and filed suit against Mr. Tagliaferro in circuit court. A hearing was held, which Mr. Tagliaferro attended. On May 18, 1995, a final judgment was entered against Mr. Tagliaferro directing him to pay to Mr. Garcia and Ms. Espina $15,000 and costs of $250, with interest accruing at the rate of eight percent per annum. Mr. Tagliaferro has not satisfied the judgment and has not engaged in any discussions with Mr. Garcia or Ms. Espina to arrange for payment of the judgment. The evidence presented by the Department is not sufficient to support a finding of fact that Mr. Tagliaferro abandoned the Garcia construction project. The only evidence presented to support such a finding was the hearsay-within- hearsay testimony of Ms. Espina that her father, Mr. Garcia, told her that Mr. Tagliaferro told him that he did not intend to complete the project. The evidence is sufficient, however, to permit the inference that Mr. Tagliaferro was precluded from completing work on the project prior to the expiration of ninety days from October 21, 1994, when he last worked on the project. Although the evidence establishes that Mr. Garcia was harmed financially by Mr. Tagliaferro's failure to complete the addition, no evidence was presented by the Department to support a finding of fact that Mr. Tagliaferro caused the financial harm by mismanaging the construction project or by engaging in misconduct. Specifically, the Department presented no evidence to support its assertion that Mr. Tagliaferro completed only thirty percent of the job before Mr. Garcia took over the construction. Therefore, it failed to establish that the amount paid to Mr. Tagliaferro exceeded the percentage of completion. Additionally, the Department presented no evidence to establish the relevant standards of competency in the practice of contracting or the manner in which Mr. Tagliaferro failed to meet those standards in the work done on the Garcia project. It is, however, uncontroverted that Mr. Tagliaferro has not satisfied a judgment entered against him and C. J. Construction Corporation in May 1995 in favor of Mr. Garcia and Ms. Espina.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Construction Industry Licensing Board enter a Final Order: Finding John A. Tagliaferro guilty of having violated Section 489.129(1)(n) and Section 489.129(1)(r), Florida Statutes; Dismissing Counts I and II of the Administrative Complaint; Imposing an administrative fine of $4,000; and Suspending Mr. Tagliaferro's license as a building contractor until he submits proof that he has satisfied the judgment entered against him on May 18, 1995, in Case No. 94-15660 (21), in the Circuit Court of the Seventeenth Judicial Circuit, in and for Broward County, Florida. DONE AND ENTERED this 6th day of April, 1998, in Tallahassee, Leon County, Florida. PATRICIA HART MALONO Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 6th day of April, 1998. COPIES FURNISHED: Ruby Seymour-Barr, Esquire Department of Business and Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399 John A. Tagliaferro, pro se 601 Northwest 103 Avenue No. 357 Pembroke Pines, Florida 33026-6023 Lynda L. Goodgame, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Rodney Hurst, Executive Director Construction Industry Licensing Board 7960 Arlington Expressway, Suite 300 Jacksonville, Florida 32211-7467
The Issue The issue in the case is whether the Respondent violated Subsections 489.129(1)(g)2., 489.129(1)(j), 489.129(1)(i), 489.129(1)(m), and 489.129(1)(o), Florida Statutes (2002), as alleged in the Petitioner's Administrative Complaint, and, if so, what penalty should be imposed.
Findings Of Fact The Petitioner is a state agency charged with the licensing and regulation of building contractors pursuant to Chapter 489, Florida Statutes. The Respondent is a Florida State Certified Building Contractor who holds license number CBC053702. On December 9, 2002, Mack Hayes entered into a contract with "McKay Engineering/Construction" to build an addition to the Hayes residence located at 3011 East Deleuil Avenue in Tampa, Florida. Although the contract refers to McKay Engineering/Construction rather than McKay Engineering Services, Inc., subsequent change orders to the contract show the Respondent's license number in the letterhead. In correspondence to the Petitioner, the Respondent also acknowledged that he was the contractor on the Hayes project. The Hayes contract did not contain a statement explaining the consumers' rights under the Construction Industries Recovery Fund. Counsel for the Petitioner, however, stated that Mr. Hayes remains eligible for assistance from the Fund. The original contract price for the construction was $54,700. Change orders created an adjusted price of $57,450. During the course of the construction, Mr. Hayes made four payments to the Respondent totaling $49,000. Not long after the construction commenced in January 2003, Mr. Hayes and his wife became frustrated with the slow pace of the construction. Mr. Hayes originally understood that the work would take about 90 days. Instead, the construction remained uncompleted after nine months. In July 2003, the pace of work on the Hayes' addition slowed substantially and in October, the Respondent ceased work altogether. The Respondent ceased work on the project despite the fact that he had not been fired or otherwise given a reason to cease work. In order to facilitate progress on the construction, Mr. Hayes paid the air conditioning subcontractor $1,836, the electrical subcontractor $1,000, and the stucco subcontractor $800, even though it was the Respondent's responsibility under the parties' contract to pay the subcontractors. The Respondent's construction of the new roof of the residence was of particular concern to Mr. Hayes. The tie-in of new roof framing with the existing roof was misaligned and otherwise improperly installed which caused the new roof to sag. The records of the City of Tampa indicate that the Respondent did not obtain a permit from the City for the roofing work at the Hayes residence. In an attempt to repair the roof, large holes were cut in the ceiling to gain access for cutting some of the rafters. The holes in the ceiling were not repaired by the Respondent. The plywood and other wood used on the unfinished eaves was left exposed to weather for months, which has resulted in water damage to the wood that will necessitate that it be replaced. Mr. Hayes obtained cost estimates from two other contractors to repair the roof, gables, and eaves installed by the Respondent. One estimate was $17,490 (including materials) and the other estimate was $15,550 (without materials). Numerous aspects of the construction project were never started or were started and then abandoned, including the gables and eaves, the door trim and hardware, internal electrical box, attic access, plumbing, and front trim. Mack Hayes paid $2,500 to Ezekial Bain and $2,500 to Drains, Etc. to finish some of this work after the Respondent abandoned the project. Taking into account the adjusted contract price of the construction, the amount paid to the Respondent by Mr. Hayes, the direct costs paid to subcontractors by Mr. Hayes, and the reasonable estimated costs for repair of the roof, gables, and eaves, the total financial damages that the Respondent caused to Mr. Hayes is $17,676. The Petitioner did not present expert testimony regarding the competency of the Respondent as a building contractor. Without such testimony, the record evidence is not sufficient to clearly and convincingly demonstrate that the problems associated with this particular project were due to incompetence. The problems could have been caused solely by the Respondent's mismanagement and misconduct. The Petitioner incurred investigative costs of $817.66 for the investigation and prosecution of this case.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Construction Industry Licensing Board enter a final order requiring: that the Respondent pay financial restitution to the Hayes of $17,676; that the Respondent obtain seven hours of continuing education in the area of Chapter 489, Part I, Florida Statutes, in addition to the hours required for renewal of the Respondent's certification; that the Respondent's license be suspended for two years; and that the Respondent reimburse the Petitioner for its investigative costs of $817.66. DONE AND ENTERED this 18th day of July, 2005, in Tallahassee, Leon County, Florida. S BRAM D. E. CANTER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 18th day of July, 2005. COPIES FURNISHED: Brian Elzweig, Esquire Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-2202 Curt L. McKay 9726 Timmons Loop Thonotosassa, Florida 33592 Leon Biegalski, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-2202 Tim Vaccaro, Director Construction Industry Licensing Board Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue Whether Respondent committed the violations alleged in the Amended Administrative Complaint issued against him and, if so, what disciplinary action should be taken.
Findings Of Fact Based on the evidence adduced at hearing, and the record as a whole, the following findings of fact are made to supplement and clarify the facts to which the parties stipulated at the outset of the final hearing (Parties' Stipulations)2: The contract referenced in the Parties' Stipulations (Building Contract) was signed by Mr. Stasinos (on behalf of ICC) and Mr. Skiera (on behalf of himself and his wife) on June 29, 2000. The home that ICC agreed to build for the Skieras (Skiera Residence) was described in the Building Contract as a "[c]ustom two-story residence with detached garage and riding cor[r]al for a total of 5,370 square feet." It was to be constructed on a tract of land owned by the Skieras in Boynton, Beach, Florida. The Building Contract provided for the following allowances: $20,000.00 for "electrical"; $17,000.00 for "plumbing"; $15,000 for "HVAC"; a "door hardware allowance" of "$50.00 per [interior] door"; $6,000.00 for a "stacked stone veneer" exterior; an "entry door hardware allowance" of "$100.00 per door"; $15,000.00 for "kitchen cabinetry and vanity"; $8,000.00 for "counter tops and vanity tops"; $9,000.00 for "landscaping," including "trees, shrubs, sod, automatic time clock, [and an] operated irrigation system with rain sensor"; and $7,000 for "driveways, walkways, [and] flatwork." There was no written statement in the Building Contract explaining a consumer's rights under the Construction Industries Recovery Fund, as then required by Section 489.1425, Florida Statutes. The Building Contract contained a "[p]ayment [d]raw [s]chedule," which provided as follows: Upon execution of contract: 10%- $36,608.00 Thereafter, progress payments based on schedule of values. This "schedule of values" (referred to in the "[p]ayment [d]raw [s]chedule") contained the following "scheduled values" (excluding change orders): 1. Permits $21,600.00 2. Clearing/Grading/Fill $10,800.00 3. Foot'gs. Undgr Plumb, Soil Treatmt $23,000.00 4. Foundation/Slab poured $32,760.00 5. Exterior Walls/Tie Beam $26,600.00 6. Roof Trusses $26,600.00 7. Roof Sheathing/Felt $19,400.00 8. Interior Framing Complete $14,000.00 9. Windows/Exterior Door Frames Set $14,400.00 10. 2nd Plumbing/Tub Set $7,200.00 11. Wiring Rough-In $14,400.00 12. HVAC Ducts Installed $7,200.00 13. Roof Shingles/Tiles Installed $14,400.00 14. Insulation (wall & ceiling) $4,200.00 15. Exterior Trim/Soffits $11,800.00 16. Drywall Hung $14,400.00 17. Drywall Finish $10,800.00 18. Interior Trim/Interior Doors Installed $13,400.00 19. Interior Paint $8,800.00 20. Siding/Stucco $14,400.00 21. Exterior Paint Complete $8,800.00 22. Exterior Doors & Garage Door Install $6,200.00 23. Cabinets/Countertops Installed $10,000.00 24. Plumbing Finish $3,600.00 25. Electrical Finish $5,600.00 26. HVAC-Compressor/A.H. Installed $10,920.00 27. Driveway/Walks Installed $3,600.00 28. Landscaping/Irrigation $7,200.00 There were six separate change orders. They were dated August 20, 2000 (Change Order No. 001), August 29, 2000 (Change Order No. 002), September 26, 2000 (Change Order No. 003), October 15, 2000 (Change Order No. 004), October 15, 2000 (Change Order No. 005), and November 10, 2000 (Change Order No. 006). As of December 21, 2000, ICC had been paid in full for all six change orders, as well as for items 1 through 8 on the "schedule of values." As of February 27, 2001, ICC had received additional monies from the Skieras: payment in full for items 9 through 12 and 15 on the "schedule of values" and partial (50 percent) payment for items 13 and 20 on the "schedule of values." As of April 10, 2001, ICC had been paid a total of $287,966.20 (all from the proceeds of a mortgage loan the Skieras had obtained from Admiralty Bank) for work done on the Skiera Residence. On May 1, 2001, the Skieras paid ICC an additional $16,800.00 for drywall work, bringing the total amount of payments that ICC had received from (or on behalf of) the Skieras, as of that date, to $304,766.20. The Skieras made no further payments to ICC. The "eight valid claims of lien" referenced in the Parties' Stipulations were filed by eight different subcontractors, all of whom had been hired by ICC to work on the Skiera Residence: Boca Concrete Pumping, Inc.; Gulf Stream Lumber Company; L & W Supply Corp., d/b/a Seacoast Supply; Waste Management of Palm Beach; B.T. Glass & Mirror, Inc.; Boca Raton Decorating Center Company; American Stairs; and Broten Garage Door Sales Inc.3 Boca Concrete Pumping was the "very first" subcontractor to work on the construction of the Skiera Residence. It did the "slab work, the foundation" (referenced in item 4 of "schedule of values"). Its lien was recorded on December 6, 2000. The lien was in the amount of $1,001.25, and it indicated, on its face, that it was for unpaid "concrete pumping" that had been furnished between September 8, 2000, and September 22, 2000. A satisfaction of this lien, dated March 8, 2001, was filed March 24, 2001. Gulf Stream Lumber's original lien was recorded February 15, 2001. It was in the amount of $67,872.59, and it indicated, on its face, that it was for unpaid "building material" that had been furnished between August 15, 2000, and January 24, 2001. An amended claim of lien was recorded May 3, 2001, in the amount of $36,530.59 for unpaid "building material" that, according to the lien, had been furnished between August 25, 2000, and March 27, 2001. A satisfaction of the original lien and amended claim of lien, dated November 30, 2001, was filed December 5, 2001. The liens were satisfied, pursuant to the terms of a Settlement Stipulation, upon the Skieras' payment of $39,579.28 to Gulf Stream Lumber. L & W Supply's lien was recorded April 30, 2001. It was in the amount of $4,536.98, and it indicated, on its face, that it was for unpaid "building materials [and] related items" that had been furnished between December 16, 2000, and January 30, 2001. A satisfaction of this lien, dated October 11, 2001, was filed November 7, 2001. The lien was satisfied by the payment of $10.00 "and other good and valuable consideration" (which was the payment of an additional $2,850.00 by check dated October 11, 2001). Waste Management of Palm Beach's lien was recorded May 31, 2001. It was in the amount of $1,665.89, and it indicated, on its face, that it was for unpaid "[w]aste [r]emoval [s]ervices" that had been furnished between August 30, 2000, and April 5, 2001. A satisfaction of this lien, dated October 19, 2001, was filed November 13, 2001. B.T. Glass & Mirror's lien was recorded June 29, 2001. It was in the amount of $3,560.00, and it indicated, on its face, that it was for an unpaid "glass/mirror package" that had been furnished between May 3, 2001, and May 31, 2001. A satisfaction of this lien, dated October 19, 2001, was filed November 13, 2001. The lien was satisfied by the payment of $1,600.00 (by check dated November 10, 2001), plus an agreement to provide "$2,000.00 in gazebo or arbor products from the Hitching Post," the Skieras' family business. Boca Raton Decorating Center's lien was recorded May 19, 2001. It was in the amount of $1,218.79, and it indicated, on its face, that it was for unpaid "paint, sealers [and] sundries" that had been furnished between May 1, 2001, to May 2, 2001. A satisfaction of this lien, dated October 11, 2001, was filed November 7, 2001. American Stairs' lien was recorded August 16, 2001. It was in the amount of $4,188.00, and it indicated, on its face, that it was for unpaid "[s]tairs and [r]ailings" that had been furnished between June 8, 2001, and June 15, 2001. A satisfaction of this lien was executed on October 15, 2001. Broten Garage Door Sales' lien was recorded September 5, 2001. It was in the amount of $3,214.00, and it indicated, on its face, that it was for the unpaid "sale and installation of garage doors and openers," which took place between June 25, 2001, and July 17, 2001. A satisfaction of this lien, dated January 31, 2002, was filed on February 5, 2002. At a meeting "in the early part of August [2001]" attended by Respondent, Mr. Stasinos, the Skieras, and the president of the bank from which the Skieras had borrowed the money to pay for the construction of their residence, Respondent announced that, on behalf of ICC, "he was filing [for] bankruptcy."4 ICC stopped working on the Skiera Residence after this meeting. At the time, the Skiera Residence was approximately 70 to 80 percent completed (and the Skieras had paid ICC a total of $304,766.20, or approximately 80 percent of the total contract price (including change orders) of $378,286.205). In addition to paying $57,316.62 to satisfy the "eight valid claims of lien" referenced in the Parties' Stipulations, the Skieras paid approximately an additional $57,000.00 to other subcontractors who provided goods and/or services "needed to complete the house." The $10,000.00 check referred to in the Parties' Stipulation 14 (that the Skieras received from Andover Construction, Inc.) did not "represent any kind of final settlement" between the Skieras and ICC. The October 4, 2001, Certificate of Occupancy for the Skiera Residence referred to in the Parties' Stipulations indicated, on its face, that ICC was the contractor, notwithstanding that ICC had abandoned the project "in the early part of August [2001]." Respondent has been a Florida-licensed general contractor since July 29, 1987. In his capacity as ICC's licensed qualifier, he has previously (by Final Order filed in DBPR Case Nos. 2001-03283 and 2001-03284 on December 23, 2003) been found guilty of, and disciplined for, violating (in connection with two residential construction projects undertaken by ICC for A. Richard Nernberg) the same subsections of Section 489.129(1), Florida Statutes (Subsections (1)(g), (i), and (m)) that he is accused of violating in the instant case. In these prior disciplinary proceedings, Respondent's license was suspended for two years, and he was fined $6,000.00 and required to pay $958.30 in investigative costs. Administrative complaints were also filed against Respondent in DBPR Case Nos. 94-15958 and 97-17352. Both of these cases were resolved by settlement stipulations in which Respondent "neither admit[ted] [nor] denie[d] the allegations of fact contained in the [a]dministrative [c]omplaint[s]."
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Board issue a Final Order: finding Respondent guilty of violating Section 489.1425(1), Florida Statutes, as alleged in Count I of the Amended Administrative Complaint, and fining him $1,000.00 for this violation; (2) finding Respondent guilty of the violation of Section 489.129(1)(g)1., Florida Statutes, relating to Boca Concrete Pumping's December 6, 2000, $1,001.25 lien, alleged in Count II of the Amended Administrative Complaint, and taking the following disciplinary action against him for this violation: suspending his license for four years (with such suspension to run consecutively with his current suspension); (b) fining him $5,000.00; (c) requiring him to pay restitution in the amount of $1,001.25 to the Skieras; and (c) ordering him to reimburse the Department for all reasonable investigative and prosecutorial costs (excluding costs related to attorney time) incurred by the Department; and (3) dismissing all other charges in the Amended Administrative Complaint. DONE AND ENTERED this 8th day of May, 2007, in Tallahassee, Leon County, Florida. S STUART M. LERNER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 8th day of May, 2007.
The Issue The issue for disposition is whether, as alleged in the Administrative Complaint, Respondent committed various violations of Chapter 489, F.S., regulating the practice of contracting, by failing to complete a roofing job which he had agreed to perform.
Findings Of Fact At all times relevant, Michael W. Ballans was licensed by the State of Florida as a certified building contractor, holding License Number CB C036542. He qualified as an individual doing business at 1107 Oregon Avenue, St. Cloud, Florida 32769. On April 6, 1988, H. Earl Fisher signed his acceptance of a written proposal by Michael Ballans for Ballans to install a new roof on Fisher's double-wide trailer at 7650 E. Irlo Bronson Memorial Highway, in St. Cloud, Florida. The price for the job was $1,575.00, for supplies and labor. Fisher made an initial payment of $1,018.00 on June 6, 1988. Materials were delivered to the job site, but Ballans never commenced work. Fisher contacted Ballans four or five times to try to get him to do the job or to get someone else to do it. Ballans never returned the funds and at one point told Fisher that he could not do the work because he lost his insurance. Fisher did not agree to do the work himself and told Ballans he wanted the money back and the materials removed from his property. Stanton Alexander was qualified as an expert in construction industry contracting, including roofing. He has practiced in the profession for approximately thirty years. He served two terms on the construction industry licensing board, including a term as chairman. He has testified in the past as an expert in construction industry practices. A contractor terminates his responsibility under a contract after payment and final inspection and a certificate of occupancy has been issued. Until then, he is responsible for completion of the job. Proper procedure when a contractor becomes unable, to complete a job is to refund the money and remove the materials or to get permission from the building department and owner to bring in another contractor to complete the work. Michael Ballans did neither, and simply abandoned the job. This deviation from the standards of construction industry practice constitutes incompetency or misconduct.
Recommendation Based on the foregoing, it is hereby, RECOMMENDED That a Final Order be entered finding Michael W. Ballans guilty of violations alleged in Counts I, II and IV of the Administrative Complaint, and imposing a fine of $500.00. DONE AND RECOMMENDED this 16th day of April, 1990, in Tallahassee, Leon County, Florida. MARY CLARK Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of April, 1990. COPIES FURNISHED: Jack L. McRay, Esquire Dept. of Professional Regulation 1940 N. Monroe St., Suite 60 Tallahassee, FL 32399-0792 Michael W. Ballans 2314 Knob Hill Drive, Apt. #12 Okemos, Michigan 48864 Kenneth D. Easley, General Counsel Dept. of Professional Regulation 1940 N. Monroe St., Suite 60 Tallahassee, FL 32399-0792 Fred Seely, Executive Director DPR-Construction Industry Licensing Board P.O. Box 2 Jacksonville, FL 32202
Findings Of Fact At all times material hereto, Respondent has been a certified building contractor in the State of Florida, having been issued License No. CB CO24584. At all times material hereto, Respondent was the qualifying agent for Southern Construction Technologies, Inc. In March, 1988, Alfred and Martha Entrekin entered into a contract with Southern Construction Technologies, Inc., whereby they agreed to pay the sum of $178,000 for construction of a custom-built home. Since the Entrekins were unable to qualify for the financing needed for construction, Southern Construction obtained a construction loan on their behalf. Despite delays, construction commenced in May of 1988 and continued through October, when, the closing on the residence took place, subsequent to the issuance of a certificate of occupancy by the Town of Davie. Just prior to the closing, a "punchlist" was prepared by Respondent and the Entrekins. That punchlist, which became part of the closing, contains 24 numbered items. (Due to misnumbering, the punchlist says 25.) Thirteen 0of those items on the copy of the punchlist offered in evidence by the Petitioner have been crossed off that list. Of the remaining 11 items, the evidence at final hearing reveals that some were corrected and some items were not the subject of any evidence offered by either party at the final hearing. Although additional items appear to have been added to the punchlist by the Entrekins sometime after the closing, those items will not be considered in this cause since no evidence was offered to indicate that those items were agreed to by the Respondent at the time of closing and no evidence was presented as to when those items were added to the original punchlist by the Entrekins. At the time of closing, the sum of $1,500 was placed in escrow to ensure completion of the punchlist by Respondent. Respondent performed some of the punchlist work on the day of the closing and continued working on the punchlist items for the next three weeks. On January 11, 1989, the Entrekins' attorney sent a demand letter seeking the release of the funds placed in escrow at the closing. Attached to that demand letter was a list of 16 items allegedly remaining on the punchlist. Some of the items on the new "punchlist" submitted by the Entrekins did not appear on the punchlist agreed to by the parties at the closing. Others did appear on the closing punchlist but had been struck through and initialed by Mrs. Entrekin, assumedly as having been completed, on the copy of the closing punchlist offered by Petitioner as an exhibit in this cause. In response to the demand letter, Respondent authorized the release of the $1,500 in escrow to the Entrekins. Respondent admits that at the time that the money was released to the Entrekins, there were still some repairs needed to the rake tiles on the roof and he had not seeded the backyard. Respondent testified that four rake tiles on the eaves were missing, some were misaligned, and some had not been "mudded" in with mortar, but no broken tiles remained on the roof. He also testified that he had not seeded the backyard because the Entrekins had not yet placed fill in the backyard, an item which Mr. Entrekin admits was his responsibility as provided in the contract between the Entrekins and Southern Construction Technologies, Inc. The only evidence submitted in corroboration of the complaints of the Entrekins consists of several invoices. In March, 1989, the Entrekins obtained an estimate for roof repairs from Warren Roofing, Inc., in the amount of $1,200. That invoice indicates the need to replace 80 broken tiles on the roof, the need to remove and replace approximately 130 rake tiles to be secured with mortar tinted to match (although Donald Warren testified that the tile used is nail-on tile which does not require mortar), and the need to "repair defects" in two rear valley areas. Warren Roofing was never hired to effectuate the repairs for which it had submitted its $1,200 estimate. The extensive work set forth in the estimate in March of 1989 is inconsistent with the roofing inspection which would have taken place prior to the certificate of occupancy issued prior to the closing in October of 1988. The only roofing repair effectuated to the Entrekin house by anyone other than Respondent was work performed by Warren Roofing in July of 1989 repairing a leak around the skylight. Petitioner also offered in evidence two invoices from pool services dated March of 1989. One invoice in the amount of $275 represents the cost of acid washing the pool, and the other invoice is for $230 to "filter pool water." Due to electrical problems, the water in the pool was not filtered for two days during the period of construction of the Entrekin house. No evidence was offered to show that the absence of filtering a pool for two days would require it to be acid washed, and no evidence was offered in support of the services performed or the need for the services represented by the second invoice. Another invoice represents the cost of 20 loads of muck for the backyard at a cost of $600, and $150 to rent a bulldozer. Since the muck for the backyard was the responsibility of the Entrekins, the bulldozer charge accompanying the 20 loads of muck is, in all probability, also the responsibility of the Entrekins. The last invoice submitted in evidence also bears the date of March of 1989 and represents 50 pounds of grass seed, in the amount of $110.50, a cost item which Respondent admits was his responsibility at the time that the escrowed monies were released to the Entrekins.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding Respondent not guilty of the allegations contained in the Administrative Complaint filed against him and dismissing the Administrative Complaint. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 25th day of January, 1991. LINDA M. RIGOT Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 25th day of January, 1991. COPIES FURNISHED: Charles N. Tetunic, Esquire Becker, Poliakoff & Streitfeld, P.A. Post Office Box 9057 Fort Lauderdale, Florida 33310-9057 Joseph Stephen Sharrow, Esquire Post Office Box 8995 Fort Lauderdale, Florida 33310 Daniel O'Brien Executive Director Department of Professional Regulation Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32202 Kenneth E. Easley General Counsel Department of Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-0792
The Issue The issues framed by the Amended Administrative Complaint are whether Mr. Chandwani was guilty of negligence in the practice of engineering with respect to drawings prepared for the renovation of a house, and whether he failed to obtain a certificate of authorization for a corporation which he owned which offered engineering services to the public.
Findings Of Fact The notice of the hearing was sent to Mr. Chandwani at the address disclosed on the Election of Rights form in which he demanded a formal hearing on the allegations made in the Administrative Complaint filed by the Department of Professional Regulation. Mr. Chandwani did not, however, appear at the hearing. Mr. Chandwani is licensed by the Board of Professional Engineers holding registration #PE0017049. Mr. Chandwani is the president of International Engineers and Builders, Inc., a Florida corporation whose Articles of Incorporation were filed with the Secretary of State on July 8, 1980. Mr. Chandwani, on behalf of International Engineers and Builders, Inc., entered into a contract on November 28, 1984, with Peter Persaud for the preparation of sealed plans for the rehabilitation of a property located at 22740 S.W. 179th Place, Miami, Florida. Mr. Persaud had purchased the property while it was in foreclosure. The property had come under the jurisdiction of the Dade County Code Enforcement Department due to defects in the structure, and Mr. Chandwani was engaged to provide drawings for the rehabilitation of the property. The plans originally delivered to Mr. Persaud by Mr. Chandwani were neither signed nor sealed. When taken to the Dade County Building and Zoning Department they were found to be deficient not only because they were not signed and sealed, but because they did not meet the criteria of the South Florida Building Code. For example, a cabana shown on the plans should not have been located on the property line. Eventually Mr. Chandwani provided signed and sealed plans, but only after a demand to do so had been made by Mr. Persaud's attorney. The testimony of James Owen Power, a consulting engineer who testified about the plans on behalf of the Board of Professional Engineers, has been accepted. The plans submitted are deficient in that they do not contain complete information on all components of the structure. For example, there is no design specified for roof trusses, nor is there any design for assembling trusses into a roof system. The plans are also confusing and contradictory in that Section A on sheet 1 of the plans appears to show a wall of a garage as part of an existing building but the plans indicate elsewhere that the garage is new, and nonexisting. There is also a confusing note with respect to a "cathedral ceiling" in the construction of the house, for there is no definition of what a cathedral ceiling is. Moreover, the drawings appear to show a level ceiling, not a cathedral ceiling. It is not clear whether the garage is to have any ceiling. Although Mr. Chandwani contracted with Mr. Persaud through International Engineers and Builders, Inc., International Engineers and Builders, Inc., has never been issued a certificate of authorization under the provision of Chapter 471, Florida Statutes.
Recommendation It is recommended that a final order be entered finding Mr. Chandwani guilty of negligence in the practice of professional engineering and of offering engineering services through an entity which does not hold a certificate of authorization, that he be reprimanded, fined $2,000 and his licensure be placed on probation for a period of two years. The fine shall be paid within sixty (60) days of the entry of the final order. DONE and ORDERED this 11th day of April, 1988, in Tallahassee, Florida. WILLIAM R. DORSEY, JR. Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of April, 1988. COPIES FURNISHED: Arjan D. Chandwani 2560 Azalea Avenue Miramar, Florida 33025 Ray Shope, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Fred Seeley Executive Director Construction Licensing Board Department of Professional Regulation Post Office Box 2 Jacksonville, Florida 32201 William O'Neil General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
The Issue The issues are whether Respondent committed the several violations of Sections 489.129(1)(h)2.,(h)3.,(j),(k), and (n), Florida Statutes (1997), for the reasons stated in the respective Administrative Complaints and, if so, what, if any, penalties should be imposed. (All chapter and section references are to Florida Statutes (1997) unless otherwise stated.)
Findings Of Fact Petitioner is the state agency responsible for regulating the practice of contracting. Respondent is licensed as a certified general contractor pursuant to license number CG C059414. At all relevant times, Respondent was the qualifying agent for Fred T. Garrett Construction, Inc. ("FTG"). As the qualifying agent, Respondent was responsible for all of FTG's contracting activities in accordance with Section 489.1195, Florida Statutes. Respondent failed to obtain a certificate of authority for Fred T. Garrett Construction, Inc., as required by Section 489.119(2), Florida Statutes. The St. Cyr Case On or about August 21, 1998, Respondent entered into a contract with Louis L. St. Cyr to construct an addition to the residence located at 201 South Bel Air Drive, Plantation, Florida. The contract price was $50,000. Although Mr. St. Cyr paid $2,500 to Respondent, Respondent failed to commence work and canceled the project, thereby abandoning it without just cause and without proper notification to Mr. St. Cyr. The contract did not permit Respondent to keep the $2,500 paid by Mr. St. Cyr, and Respondent failed to refund the payment within 30 days after abandonment. Out of the $2,500 he received from Mr. St. Cyr, however, Respondent paid $1,600.00 to the architect before abandoning the project. Thus, the net amount that Respondent owes to Mr. St. Cyr is $900. Petitioner incurred a total of $1,092.28 in investigative costs relating to the St. Cyr case. The Forney Case On May 22, 1998, Respondent, who was doing business as FTG, entered into a contract with Mr. Warren Forney for the construction of a two-bedroom, one-bath addition to the residence located at 1698 Northeast 33rd Street, Oakland Park, Florida. The contract price was $32,500. The contract with Mr. Forney did not contain a written statement explaining the customer’s rights under the Construction Industries Recovery Fund, as required by Section 489.1425(1), Florida Statutes. On July 7, 1998, Respondent obtained permit number 98-050297 from the Oakland Park Building Department. Construction commenced on or about July 7, 1998, and continued sporadically until October 29, 1998, when Mr. Forney dismissed Respondent for failure to timely complete the project. The Oakland Park Building Department issued notices of violation against the project on August 3, September 11, and October 14, 1998, for various building code violations. Mr. Forney was forced to obtain a homeowner’s permit and subsequently hired a subcontractor to complete the work. Mr. Forney paid Respondent approximately $29,250 before relieving Respondent of his duties. To complete the project, Mr. Forney paid a total of $48,746.52, which was $15,396.52 over and above the original contract price. Petitioner incurred a total of $2,190.78 in investigative costs relating to the Forney case. The Kong Case In or around January 1998, a contractor named Lakeview Concepts hired Respondent to perform demolition work for the Kong dry cleaning store project on the property located at 5171 South University Drive, Davie, Florida. On or about June 17, 1998, permit 98-00002349 was issued to Respondent to perform alterations on commercial property located at 5171 South University Drive, Davie, Florida. Respondent, however, did not yet have a contract with the owner for this work. The next month, on or about July 30, 1998, Respondent, who was doing business as FTG, entered into a contract with Shek Kong to complete the dry cleaning store project at 5171 South University Drive, Davie, Florida, for the contract price of $22,300. Shek Kong made payments to Respondent totaling $16,000. Respondent’s work was of poor quality, however, and on or about November 6, 1998, he ceased work, though the project had not been completed. On or about November 14, 1998, Douglas Frankow, license number CB C052960, gave Mr. Kong an estimate of $20,562 to complete the project. Thereafter, on or about June 30, 1999, Mr. Kong contracted with George Settergren, another licensed contractor, to complete the project for a contract price of $27,956. On December 9, 1999, in Case No. 98-020065 08, the Circuit Court, Seventeenth Judicial Circuit, Broward County, Florida, rendered a Final Judgment against Respondent and in favor of Mr. Kong. This judgment awarded Mr. Kong the total amount of $28,693.30, plus 10 percent interest per annum. Petitioner incurred a total of $2,502.78 in investigative costs relating to the Kong case.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Construction Industry Licensing Board enter a Final Order finding Respondent guilty of violating Sections 489.129(1)(h)2., (h)3., (j), (k), and (n), Florida Statutes, imposing administrative fines in the aggregate amount of $3,700, assessing investigative costs in the aggregate amount of $5,785.84, placing Respondent's license on probation for a period of four years from the date the Final Order is entered by the Board, and awarding payment of restitution to each customer as follows: (1) to Warren Forney, the amount of $15,396.52; (2) to Shek Kong, satisfaction of the unpaid civil judgment in the amount $28,693.30, plus 10 percent interest accrued thereon; and (3) to Louis L. St. Cyr, the amount of $900. DONE AND ENTERED this 15th day of February, 2002, in Tallahassee, Leon County, Florida. _________________________________ JOHN G. VAN LANINGHAM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 15th day of February, 2002.
The Issue The issue is whether respondent's license as a certified building contractor should be disciplined for the reasons stated in the administrative complaint.
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: At all times relevant hereto, respondent, Leroy A. Decker, Jr., held certified building contractor license number CB CO40724 issued by petitioner, Department of Professional Regulation, Construction Industry Licensing Board (Board). When the events herein occurred, respondent was doing business as Aladdin Homes, Inc. (Aladdin) located at 921 S.EA. 15th Avenue, Cape Coral, Florida, and was its registered qualifying agent. In 1987 respondent, acting as qualifying agent for Aladdin, began a business relationship with Designers Showcase of Cape Coral, Inc. (DSCC), a firm specializing in the sale and installation of furniture, carpeting and draperies. Under that relationship, DSCC acted as a subcontractor and installed various floor coverings in new homes constructed by respondent. Under a typical contract for the construction of a new home, the builder agrees to include within the sales price an allowance for floor coverings such as carpet. If a home buyer decides to purchase floor coverings that exceed the allowance, the buyer is responsible for any overage. Under this arrangement, the contractor normally pays the supplier for the amount of allowance prescribed in the contract while the buyer pays the supplier for any overage. From the outset of respondent's relationship with DSCC until it ended, the specifications in respondent's contracts, with certain exceptions, generally called for a floor covering allowance in the range of $1,500. Beginning in March 1988 several of respondent's new home customers became dissatisfied with the quality of floor furnishings provided by DSCC. Because of this, some buyers refused to pay respondent for the value of the floor furnishings provided by that subcontractor. This In turn engendered a dispute between respondent and DSCC and culminated in respondent, with a few exceptions, refusing to pay any moneys owed to DSCC after March 1988. In early 1988 respondent entered into a contract with one Joseph Cernlglia to construct a new home for Cerniglia in Cape Coral, Florida. Pursuant to the contract specifications, respondent gave Cerniglia a $1,500 allowance for floor coverings. Cerniglia opted to use DSCC as the carpet vendor and was well satisfied with the quality of DSCC's workmanship and materials. After the carpet was installed, respondent requested that Cerniglia sign an affidavit (letter of acceptance) so that respondent could receive his final draw from the bank. However, respondent did not advise Cerniglia that DSCC had not yet been paid for its services. Shortly thereafter, respondent signed an affidavit swearing that all suppliers on the Cerniglia project had been paid. Cerniglia later discovered that a $1,500 lien had been filed against his property by DSCC on June 30, 1988. The lien still remains outstanding. In early 1988 respondent entered into a contract to construct a new home for Buddy H. Dennis in Cape Coral, Florida. The contract specifications called for a $2,500 allowance for floor coverings. Before DSCC would install the floor coverings, it demanded payment from respondent for what it believed was the normal $1,500 builder's allowance. After this amount was paid, DSCC furnished, pursuant to the owner's request, $2,500 worth of labor and materials. DSCC attempted to collect the other $1,000 from Dennis but learned that the contract allowance was $2,500 rather than $1,500. Although DSCC invoiced respondent for the additional $1,000, and made numerous oral and written requests for payment to respondent, the remaining $1,000 was never paid. On September 12, 1988, a lien was placed on the property by DSCC. Prior to the lien being recorded, respondent executed a final affidavit and release of lien on August 22, 1988 in which he swore that all subcontractors had been paid. Dennis eventually paid the $1,000 himself in order to obtain clear title to his property. In addition to the Dennis and Cerniglia properties, respondent still owes DSCC $11,654.14 (without interest) for goods and services rendered on other projects. These bills were incurred for goods and services provided after March 1988, when the dispute between respondent and DSCC arose. Whether respondent executed affidavits in connection with those debts is not of record. Because of those and the two above debts, DSCC filed with the Board a complaint against respondent. Respondent justified his actions on the ground he was advised to do so by his attorney and not pay DSCC any money while his complaints regarding poor quality and workmanship were unresolved. As to the Cerniglia property, respondent contends that, just prior to completing the home, he determined that it was necessary to add (a) a stem wall and (b) extra fill dirt to raise the septic tank drainfield. According to respondent, these two items cost around $1,500. Because the dispute with DSCC was then ongoing, respondent did not pay DSCC the $1,500 owed as an allowance and instead, based upon his attorney's advice, decided to use that amount as leverage in his dispute with DSCC. However, respondent did not advise Cerniglia that $1,500 was added to the contract price and that it was Cerniglia's responsibility to pay DSCC for the builder's allowance still owed. Moreover, Cerniglia denied that the additions were ever satisfactorily completed or that their value equated to $1,500. As to the Dennis property, respondent contended, without corroboration, that the real estate office which sold the home increased the builder's allowance on the specifications from $1,500 to $2,500 without advising him. Even if this was true, respondent refused to pay the additional $1,000 after he learned of his increased allowance responsibility under the specifications.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that respondent be found guilty of violating Subsections 489.129(1)(1) and (m), Florida Statutes (1987) and that he be fined $3,000, to be paid within thirty days after the Board enters its final order. DONE and ENTERED this 20th day of August, 1990, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 20th day of August, 1990. APPENDIX TO THE RECOMMENDED ORDER IN CASE NO. 90-1710 Petitioner: 1-3. Partially adopted in finding of fact 1. Partially adopted in findings of fact 2 and 3. Partially adopted in finding of fact 6. Partially adopted in finding of fact 5. Note - Where a proposed finding has been partially used, the remainder has been rejected as being irrelevant, unnecessary, subordinate, not supported by the evidence, or a conclusion of law. COPIES FURNISHED: Robert B. Jurand, Esquire 1940 North Monroe Street, Suite 60 Tallahassee, FL 32399-0792 Mr. Leroy A. Decker, Jr. 618 S.W. 57th Street Cape Coral, FL 33914 Kenneth E. Easley, Esquire 1940 North Monroe Street, Suite 60 Tallahassee, FL 32399-0792 Fred Seely Executive Director Post Office Box 2 Jacksonville, FL 32202
Findings Of Fact On March 9, 1973 Peterson, an architect registered in Florida, submitted a proposal "for preparation of design and construction drawings" for remodeling an existing residence to a new law office (Exhibit P-5). This was assigned on March 13, 1978 by attorney Anderson, who also remitted the required $200 retainer fee. Pertinent to this case, the contract provided for services to be rendered as: "Contract documents for permits and construction to include architectural plans (site floor plan, elevations and sections) and engineered structural and electrical drawings; "fee was $1,000 payable $200 on signing and $800 upon completed contract documents for permits." Any other services were at $20 per hour, including design changes after approval of preliminary drawings. The plans Peterson prepared showed the removal of a load bearing wall, without comment or provision for structural additions required by the demolition of the wall. Although the plans were not sealed, Anderson paid the $800 balance and bids were requested. The one bid (Exhibit R-4) was considerably more than budgeted, therefore the project was delayed. After a time, Anderson got interested in the project again but Peterson was unavailable so another architect was used and the project was completed. Thereafter, Anderson's requested reimbursement from Peterson was refused and this complaint was filed. Two registered Florida architects testified as experts for the Petitioner. Peterson's plans did not meet minimum architectural standards, particularly as to omission of substitute structural members for the removal of the load bearing wall. Although, structural changes could have been added by addendum, plans must be complete prior to obtaining permits and bids, and the acceptance of the full amount of the fee. In mitigation, Respondent agreed that he misinterpreted Anderson's understanding and desires but thought the standard procedure was followed; he indicated that this is the first time he has been in this type of situation. More particularly, Peterson intended to exercise his right to prepare an addendum that would have provided an appropriate structural substitution for the load bearing wall, after the ceiling was opened up; he considered the original plans for the wall as schematic only. He assumed the project was not going forward and the bidding process was merely to get prices.
