Findings Of Fact Respondent is a registered general contractor having been issued license number RG 0009255. On September 5, 1980, Respondent, who was then doing business as George N. Sullivan, Inc., entered into a contract to remodel a residence owned by Mr. and Mrs. James L. Cain located at 2075 DeLeon Avenue, Vero Beach, Florida, for the sum of $46,900. On September 8, 1980, George N. Sullivan, Inc., was paid $4,690 by the Cains as a down payment for the above-referenced construction project. Respondent performed no work with reference to that construction project. On December 7, 1979, the Respondent, doing business as George N. Sullivan, Inc., entered into a contract with Vero Fore, Inc., to construct a residence located at Lot 27, Unit 3, The Moorings of Vero Beach, for the sum of $155,628. The difference between the sum of the contract, $155,628, and the sum alleged in the Administrative Complaint of $171,688 constitutes agreed-upon extra items. Respondent discontinued construction on the Vero Fore project on or about September 22, 1980, after having received $153,547 of the contract amount. At the time that Respondent discontinued construction on the Vero Fore project, there remained $66,199.60 in unpaid bills for labor and materials furnished to Respondent for that residence; yet, the owners of the residence only owed to Respondent $18,141 of the final contract price. On July 6, 1981, Respondent was convicted of five counts of passing worthless checks. These checks represented payments to materialmen and subcontractors with regard to the residence being built for Vero Fore, Inc. The convictions resulted in a judgment dated July 6, 1981, which was entered in the County Court, Indian River County, in cases styled State of Florida v. George N. Sullivan, Case Nos. 81-57 and 81-589, in which the Respondent was placed on probation for 18 months with condition of restitution. At no time material herein did Respondent properly qualify George N. Sullivan, Inc.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding Respondent guilty of the allegations contained within the Administrative Complaint and revoking Respondent's registered general contractor's license number RG 0009255 with the provision that Respondent be allowed to have his license reinstated after a two- year period if he furnishes to the Construction Industry Licensing Board clear and convincing evidence that he has made restitution to Mr. and Mrs. Cain and the five material suppliers to which he was convicted of passing worthless checks. DONE and RECOMMENDED this 3rd day of December, 1982, in Tallahassee, Leon County, Florida. LINDA M. RIGOT, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of December, 1982. COPIES FURNISHED: JOHN O. WILLIAMS, ESQUIRE 547 NORTH MONROE STREET, SUITE 204 TALLAHASSEE, FLORIDA 32301 MR. GEORGE N. SULLIVAN 22 EAST SPRUCE STREET ORLANDO, FLORIDA 32804 SAMUEL R. SHORSTEIN, SECRETARY DEPARTMENT OF PROFESSIONAL REGULATION 130 NORTH MONROE STREET TALLAHASSEE, FLORIDA 32301 J. K. LINNAN, EXECUTIVE DIRECTOR CONSTRUCTION INDUSTRY LICENSING BOARD POST OFFICE BOX 2 JACKSONVILLE, FLORIDA 32201 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DEPARTMENT OF PROFESSIONAL REGULATION, Petitioner, vs. CASE NO. 0014375 0009520 GEORGE N. SULLIVAN RG 0009255 DOAH CASE NO. 82-1535 22 East Spruce Street Orlando, Florida 32804, Respondent. /
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 Mr. Ansley is the holder of license No. CB C033338 as a building contractor in the State of Florida, having been issued that license in 1985. At all times relevant hereto, Mr. Ansley was so licensed. In 1987, Fred Fox Enterprises, a private consulting firm in economic development and housing rehabilitation, worked with the Town of Baldwin to write a Community Development Block Grant to upgrade housing in targeted areas of the town. The Town of Baldwin received the grant and Fred Fox Enterprises administered the grant. As part of the grant, arrangements were made to build a new home for Michael and Karen Turner. The Turners qualified for a $25,000 grant and the Turners augmented the grant with their own funds in the amount of $2,750. Fred Fox Enterprises solicited contractors to participate in the grant activities. Mr. Ansley was one of the contractors who agreed to participate. The Turners selected a floor plan and Mr. Ansley's bid for the job was acceptable. A contract was signed on June 29, 1987. Ansley was to receive $27,750 in draws from a special escrow account in the name of the homeowner and the contractor. Ansley pulled the permits and began construction pursuant to a Notice to Proceed dated August 31, 1987. Ansley had 75 days to complete construction. Ansley did the foundation and poured the slab. He was paid his first draw of $3,750 for the slab on September 24, 1987. By early October, the exterior walls were constructed up to the lintel, however no trusses and no roof were in place. No further work was done on the house. Ansley's next draw would have been at dry-in, but the construction never reached that stage. Representatives of Fred Fox Enterprises and of the Town of Baldwin tried to contact Ansley about the work stoppage. Letters were sent to Ansley by the Town of Baldwin on September 30, October 15, and October 30, 1987, reminding Ansley that by contract he had 75 days to complete the project, that his time was running out, that liquidated damages of $50 per day were called for under the contract, and that the deadline for completion was November 14, 1987. On November 10, 1987, the Town of Baldwin wrote to Ansley advising that no work had been done since October 26, 1987, in violation of the contract, that the structure was only 20% complete in violation of the contract, that a Claim of Lien had been placed against the property by a materialman, and that any further payments would cease until the lien was satisfied. Ansley never responded to that letter. On November 27, 1987, the Town of Baldwin officially informed Ansley that his contract was terminated. The letter also reminded Ansley that he was still responsible for payment for materials, labor and/or supplies purchased for work on the Turner's house prior to termination of the contract. On December 3, 1987, another Claim of Lien was filed by Southern Atlantic Concrete in the amount of $3,386.59. The previous lien was by Holmes Lumber Company in the amount of $194.63. At various times Ansley contacted representatives of Fred Fox Enterprises and the Town of Baldwin and told them that the liens were in error or that he would take care of them in the future. Ansley acknowledged that he was having financial difficulties. Another contractor was retained to complete the house for approximately $1,000 more than the Ansley/Turner contract price. Also, the Turner's were placed in temporary housing at the cost of the Town of Baldwin and the grant. Ansley never paid the liens. Finally, to protect its reputation, Fred Fox Enterprises paid the liens out of its own funds, not from the grant money. Including interest, Fred Fox Enterprises paid $3,873,15 to cover the liens. Ansley acknowledges that he was in a financial crunch. He intended to finish the house and not to abandon it, but he was financially unable to do so. He says he had $5,500 of his own money tied up in the house, in addition to the liens. He simply did not have the funds to complete the house up to the second draw so he could use the draw funds to pay for the materials and labor.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Professional Regulation, Construction Industry Licensing Board, enter a Final Order and therein: Find Mark V. Ansley guilty of violating Sections 489.105(4) and 489.129(1)(h), (j), (k), and (m), Florida Statutes, as charged in the Administrative Complaint. Order Mark V. Ansley to pay an administrative fine of $5,000. Suspend building contractor's license No. CB-C033338 issued to Mark V. Ansley for a period of one (1) year. DONE and ENTERED this 17th day of April, 1989, in Tallahassee, Florida. DIANE K. KIESLING 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 17th day of April, 1989. COPIES FURNISHED: Mark A. Sieron Attorney at Law 1329-A Kingsley Avenue Orange Park, Florida 32073 Mark V. Ansley 7034 Luke Street Jacksonville, Florida 32210 Harper Fields General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Fred Seely Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201
The Issue Whether Respondent, a certified general contractor, violated the construction industry licensing law, by: (1) willfully or deliberately disregarding and violating the applicable building codes or laws of the State or any municipalities, cities or counties thereof; (2) diverting construction funds resulting in his unwillingness or inability to perform pursuant to a construction contract; and (3) abandoning a construction project; and if the Respondent is guilty of such violations, the appropriate disciplinary penalty which should be imposed by the Construction Industry Licensing Board.
Recommendation That Respondent's certified general contractor's license No. CGC005174 be suspended until such time as Respondent furnishes the Board satisfactory evidence of having made restitution to Simon H. and Alexandra U. Ramos in the amount of $2,515 for monies expended by them to pay for lumber, electric and plumbing charges arising out of their construction contract.
Findings Of Fact The Respondent, Paul K. Scapecchi, is a registered general contractor in the State of Florida, holding license number RG 0015926, and a registered roofing contractor, holding license number RC 0031048. The Respondent is the qualifier for Paul's Construction Company, which is the Respondent's firm. Edwin Schmid is a resident of West Germany who vacations in North Florida, and who testified by deposition which was received in evidence as Exhibit 1. He owns six parcels of real estate, or lots adjacent to each other, including Lot 19, Bon Bay Estates, in Santa Rosa County, Florida, which he purchased in approximately February, 1980. Edwin Schmid intended to have a home constructed on Lot 19 to be used as rental property. Subsequently, Edwin Schmid was introduced to the Respondent and the Respondent's father, Walter Scapecchi, by Lee and Carolyn Swigger. The Swiggers had become friendly with Edwin Schmid because Carolyn Swigger speaks German. Thereafter, Edwin Schmid contracted with the Respondent and Walter Scapecchi to have his home built on Lot 19 in Bon Bay Estates. This contract was in written form and dated March 21, 1981. Although Walter Scapecchi signed this contract "doing business as Paul's Construction Company," as contractor, the Respondent admitted that the contract was with himself, and that his father was merely an employee of the firm. The initial contract with Edwin Schmid in which the price was set at $36,000 was participated in by both the Respondent and his father. Edwin Schmid dealt with the Respondent directly on several occasions, but the business card he had been given showed Walter Scapecchi's name written in by hand over the Respondent's name. The deposit check written by Edwin Schmid was made payable to Walter Scapecchi in the amount of $8,000. Walter Scapecchi is not licensed to engage in the business of general contracting, but was so engaged, aided and assisted by his son, the Respondent. The deposit check for $8,000 was to be used to cover the digging of the foundation, the necessary fill, the pouring of the concrete foundation, a culvert for the driveway, and electrical service, which was to have been completed by April 10, 1981, pursuant to the contract. A second payment of $10,000 was to have been made on April 10, 1981. On April 10, 1981, however, no work had yet been done, and none was done until March of 1982, nearly one year later. The work done in March 1982 consisted only of placing foundation markers. The Respondent admitted that the work of placing foundation markers did not cost anything near the $8,000 paid, and that he did not request the second payment of $10,000 because the work done did not exhaust the initial payment. Nevertheless, no part of the $8,000 initial payment was refunded to Edwin Schmid. Throughout the period of time after the contract was executed in March of 1981, Edwin Schmid wanted the Respondent to complete the construction pursuant to the contract. At one point after the first year had elapsed without any substantial work being done, Edwin Schmid attempted to effect a new contract with the Respondent that required the initial work for which he had already paid $8,000 to be completed. The Respondent agreed to this, but did not perform any more work at the construction site. The Respondent admits that he has not performed as required by the contract. He contends this was due to personal financial problems. Other excuses for the Respondent's nonperformance included his underestimation of the amount of fill required, heavy rains which caused delays, and State of Florida requirements. Nevertheless, work was not begun for nearly one year after the contract, contrary to the agreement, and only a minimal amount of work was done as of the date of the hearing. The Respondent moved out of the State of Florida in February of 1982, without notifying Edwin Schmid.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Respondent, Paul K. Scapecchi be found guilty of violating Sections 489.129(1)(e), (f), (h), (j) and (k), Florida Statutes, and that licenses numbered RG 0015926 and RC 0031048 held by Paul K. Scapecchi be REVOKED. THIS RECOMMENDED ORDER entered this 27th day of September, 1983. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearings Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of September, 1983. COPIES FURNISHED: Douglas A. Shropshire, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Paul K. Scapecchi 133F 25th Court, N.W. Birmingham, Alabama 35215 Frederick Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 James Linnan, Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32202
Recommendation Based upon the admission of the Respondent, Oscar Darias, that the allegations in the Administrative Complaint are true, and the Respondent's plea of guilty to the violations as charged in the Complaint, it is RECOMMENDED that the certified general contractor's license, number CG C004728, held by the Respondent, Oscar Darias, be revoked. THIS RECOMMENDED ORDER entered on this 22nd day of September, 1982, in Tallahassee, Florida. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of September, 1981. COPIES FURNISHED: Harold M. Braxton, Esquire 45 S.W. 36th Court Miami, Florida 33135 Oscar Darias 9402 S.W. 17th Street Miami, Florida 33174
