The Issue Whether Respondent committed the offenses alleged in the Administrative Complaint and the penalties, if any, that should be imposed.
Findings Of Fact At the times pertinent to this proceeding, Respondent was not registered, certified, or otherwise licensed to engage in contracting in the State of Florida. At the times pertinent to this proceeding, Respondent conducted business through an entity known as C. J. Home Improvement Corporation, which was also not registered, certified, or otherwise licensed to engage in contracting in the State of Florida. In 1995, Joseph Pallant was one of the owners and the manager of a commercial building located at 3700 Biscayne Boulevard, Miami, Florida. In January 1995, Mr. Pallant entered into an agreement to lease the building for a term of ten years to a non-profit organization named PWAC, an acronym for People With Aids Coalition. PWAC had an office in the adjacent block and wanted to operate a thrift shop at the subject premises. The roof on the subject building leaked. The parties agreed that Mr. Pallant would pay to replace the roof and that PWAC would thereafter be responsible for maintenance. The officers of PWAC informed Mr. Pallant that they wanted Respondent to do the roofing work. There was a conflict in the evidence as to whether Mr. Pallant knew that Respondent was unlicensed. It is clear that Mr. Pallant and Respondent knew one another prior to January 1995. Based on Mr. Pallant's testimony, which the undersigned finds credible, it is found that Mr. Pallant knew that Respondent was in the building repair business, but that he did not know Respondent was unlicensed. Respondent's assumption that Mr. Pallant knew he was unlicensed is not as credible as Mr. Pallant's direct, unequivocal testimony that he had no such knowledge. After having several conversations with Mr. Pallant by telephone and at the building, Respondent prepared a written proposal on his business form to do the work necessary to replace the roof. The proposal was submitted to PWAC. The proposal described in detail the work that would be done and the materials that would be furnished, the time frame for the work, and the price. The price was set at $6,183.00 plus $400.00 if certain additional work would have to be done on certain drains. PWAC was provided a copy of the proposal that was dated February 25, 1995. Respondent signed this proposal and affixed the corporate seal of his business entity. Under Respondent's signature was the phrase "personally individually guaranteed." At all times pertinent to this proceeding, Respondent knew that Mr. Pallant was one of the owners of the building and that he would be paying for the roofing work. On February 27, 1995, Respondent and Mr. Pallant met. Respondent gave Mr. Pallant an unsigned copy of the written proposal (dated February 27, 1995, but otherwise identical to the form given PWAC, but dated February 25, 1995). After they discussed the work, Mr. Pallant accepted the proposal and gave Respondent a check made payable to C. J. Home Improvement in the amount of $3,100.00. Respondent accepted this check and deposited the proceeds of the check in his company's bank account. Without the prior knowledge or consent of Mr. Pallant, Respondent attempted to subcontract the roofing job to a licensed roofer named Don Palmier.1 No work was started on the job. In March 1995, Mr. Pallant met with representatives of PWAC and Respondent to discuss the lack of progress. As a result of that meeting, Mr. Palmier refused to proceed with the roofing job2 and Mr. Pallant learned that Respondent was unlicensed and could not do the work. During the course of the meeting PWAC cancelled its lease. Mr. Pallant subsequently filed suit against C. J. Home Improvement for the return of the $3,100.00. Despite obtaining a final judgment for that sum plus costs and fees, the Respondent has not satisfied any portion of the judgment. As of April 23, 1998, the Petitioner's costs of investigation and prosecution in this case, excluding costs associated with an attorney's time, totaled $269.62.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a final order that adopts the findings of fact and conclusions of law contained herein; finds Respondent guilty of violating the provisions of Section 489.127(1)(f), Florida Statutes, as alleged in Count I of the Administrative Complaint; dismisses Count II of the Administrative Complaint; imposed an administrative fine against the Respondent in the amount of $2,500.00; and assesses costs against Respondent in the amount of $269.62. DONE AND ENTERED this 10th day of September, 1998, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON 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 10th day of September, 1998
The Issue The issues to be determined are whether Respondent violated the charged provisions of Section 489.129, Florida Statutes (2006), and if so, what penalty should be imposed for his conduct?
Findings Of Fact Respondent is and has been, at all times material to the allegations in the Administrative Complaint, a certified roofing contractor in the State of Florida, having been issued license number CCC 132557. At all times material to the allegations of the Administrative Complaint, Respondent was the primary qualifying agent for JCSI Certified Roofing Contractors (JCSI), which has been issued certificate of authority number QB 47568. On or about April 7, 2006, Respondent, doing business as JCSI, entered into a contract with Mr. and Mrs. John Shields to install a stone coated steel shingle roof at 518 Ponte Vedra Boulevard, in Ponte Vedra Beach, Florida. The contract amount was $50,850.00, and the contract included the following work: Scope of Work: Steel roof to be mechanically fastened on a single ply system and consist [sic] of the following: Peel & Stick base sheet (same as Ice and water Shield), stone coated drip edge. Mechanically fasten roof panels according to wind chart specifications. Matching stone coated trim. All flashing to be minimum 26 gauge. Vents, valley metals, and flashing as required. Stone coated steel roof, color selection by Client. Steel roof to be installed to manufacturers wind chart specifications. All work to be done in a workmanlike manner with complete job cleanup of roofing debris placed in on-site container provided by Owner/Contractor. The draw schedule in the contract was listed as follows: Deposit $5,000.00 at signing (dry- in);$15,000.00 order materials; $15,600.00 At beginning of production, Balance at completion. The contract did not contain Respondent's license number or the certificate of authority number of JCSI Certified Roofing Contractors. The Shields paid the initial deposit of $5,000.00 upon signing the contract. Within a couple of weeks, Respondent performed the dry-in for the roof. On August 17, 2006, the Shields paid an additional $15,000.00 with check number 1461, which was deposited into JCSI's account August 18, 2006. In total, the Shields paid $20,000.00 toward the contract price. Respondent also installed flashing for the project, although the timing of this part of the job is unclear from the record. However, from testimony presented, it is found that the flashing was installed sometime in August 2006, in the two weeks before or after the August 17, 2006 payment. No other work was performed on the job by Respondent or JCSI. Respondent ordered materials for the roof from Gerard Roofing in June 2006. However, he did not receive the materials from the company because his credit with Gerard was over- extended. He claims that he reported this to the Shields and suggested that they pay for the materials directly and deduct that amount from the contract price, and he would finish the job. The order form from Gerard Roofing Technologies indicates that the roofing materials ordered in June 2006 totaled $21,570.11. Assuming that the order form represented materials for the Shields job only, had the Shields agreed to Respondent's proposed alteration in the contract, they would have paid $41,570.11 toward the completion of the roof at a time when the only work performed was the initial dry-in and possibly the flashing installation. This would have represented 81.75% of the contract price. As it is, the Shields had paid 39.33% of the contract price already. The Shields did not agree with Respondent's proposed alteration of the contract. By February 2007, no additional work had been performed on the roof and Respondent did not re-order the roofing materials. At that point, Mr. Shields terminated the contract. The investigative costs incurred by the Department, not including those associated with an attorney's time, are $288.22.
Recommendation Upon consideration of the facts found and conclusions of law reached, it is RECOMMENDED that the Construction Industry Licensing Board enter a Final Order finding Respondent guilty of violating Subsections 489.129(1)(i), (j) and (m), Florida Statutes, as charged in Counts I, IV and VI of the Administrative Complaint; finding that Respondent did not violate Subsections 489.129(1)(g)2., (i) and (o), Florida Statutes, as charged in Counts II, III and V of the Administrative Complaint and dismissing those counts; imposing an administrative fine of $250 for Count I; imposing an administrative fine of $2,500 and placing Respondent's license on probation for a period of four years for Count IV; imposing an administrative fine of $2,500 for Count VI; requiring restitution in the amount of $15,000.00 to John and Christine Shields2/ in accordance with Florida Administrative Code Rule 61G4-17.001(5); and imposing costs in the amount of $288.22. DONE AND ENTERED this 28th day of August, 2009, in Tallahassee, Leon County, Florida. S LISA SHEARER NELSON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 28th day of August, 2009.
Findings Of Fact Respondent is Richard McDougal, holder, at all times pertinent to these proceedings, of registered roofing contractor license no. RC 0050466. Petitioner is the Department of Professional Regulation, Construction Industry Licensing Board, the state agency charged with the regulation of contractors in the State of Florida. Respondent was the qualifying agent for D & R Roofing Co., at all times pertinent to these proceedings. On July 31, 1989, Arla Jackson signed and accepted Respondent's written proposal to re-roof a house belonging to Jackson, located in Washington County, Florida. Prior to engaging Respondent to re-roof the house, Jackson had only a minimal amount of leakage in a couple of corners inside the house. Under the terms of the written proposal provided by Respondent to Jackson, Respondent agreed to remove the old roof covering from the structure; install a new three ply fiberglass felt covering; install new eave metal around the roof perimeter; extend the roof a short distance at one end; and top coat a utility building on the premises. Further, Respondent agreed to haul away debris resulting from the job. Completion of the roofing project by Respondent and receipt of payment from Jackson in the amount of $3,000 occurred on August 9, 1989. $2,900 of this amount was payment to Respondent for replacing the old roof while the remainder satisfied charges by Respondent for additional work required to extend the roof. Shortly after Respondent's completion of the roof replacement, Jackson began to telephone Respondent, requesting that he come and repair holes in the roof that were leaking water as the result of rain. Respondent came to Jackson's house on at least three occasions to attempt to stop leaks in the roof. He eventually determined that he had stopped the leaks and told Jackson that, as far as he was concerned, there was no roof leakage problem. Jackson's flat roof continued to leak. Eventually, Gus Lee, an unlicensed roofing assistant to H.M. Strickland, a local licensed contractor, agreed to repair her roof and eliminate the leakage problem. Strickland's signature appears with Lee's on written documentation bearing the date of October 1, 1989, and promising a "fine roof with no leaks; and I will stand behind it." Jackson accepted the Strickland offer. Jackson paid approximately $1,925.00 to Lee for work in connection with replacing the roof and painting the interior ceiling of the house. She paid an additional $653.79 for building supplies in connection with the project. Overall, Jackson paid approximately $2,578.79 for labor and materials to re-roof her house and repair the interior ceiling damage resulting from the leakage. This amount was in addition to the amount previously paid to Respondent. On October 20, 1989, Lee, the unlicensed assistant to Strickland and the person who actually undertook the task of re-roofing Jackson's house, removed the previous roofing material placed on Jackson's house by Respondent. Lee observed no fiber glass felt covering material on Jackson's roof at the time he re-roofed the house. Lee's testimony at hearing was credible, candid and direct. Although unlicensed as a contractor, Lee's attested experience supports his testimony regarding what he observed and establishes that Respondent failed to comply with his agreement to Jackson to provide fiber glass felt during the initial roofing of the house and instead used a less expensive material. Lee's testimony, coupled with that of Jackson and Lee's son, also establishs that significant damage had occurred to the interior ceiling of Jackson's house as the result of leakage after completion of work by Respondent. After Lee completed the re-roofing of Jackson's home, inclusive of use of a six ply felt covering on the roof accompanied by pea gravel and sealant, the roof's leakage stopped.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered imposing an administrative fine of $1500 upon Respondent's license as a registered roofing contractor. DONE AND ENTERED this 25th day of November, 1991, in Tallahassee, Leon County, Florida. DON W. DAVIS Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Fl 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 25th day of November, 1991. APPENDIX TO RECOMMENDED ORDER The following constitutes my specific rulings, in accordance with Section 120.59, Florida Statutes, on findings of fact submitted by the parties. Petitioner's Proposed Findings. 1.-4. Adopted, though not verbatim. 5.-8. Subordinate to Hearing Officer's Conclusions. 9.-11. Adopted in substance, though not verbatim. Respondent's Proposed Findings. None submitted. COPIES FURNISHED: Robert B. Jurand, Esq. Department of Professional Regulation The Northwood Centre, Suite 60 1940 N. Monroe St. Tallahassee, FL 32399-0792 Richard McDougal Box 10277 Panama City, FL 32404 Daniel O'Brien, Executive Director Construction Industry Licensing Board Department of Professional Regulation Post Office Box 2 Jacksonville, FL 32201 General Counsel Department of Professional Regulation The Northwood Centre, Suite 60 1940 N. Monroe St. Tallahassee, FL 32399-0750
The Issue The issue for consideration is whether Respondent's license as a registered roofing contractor in Florida should be disciplined because of the misconduct alleged in the Administrative Complaint filed herein.
Findings Of Fact At all times pertinent to the issues contained herein, Respondent, Charles J. Eckert, was a registered roofing contractor in Florida. Petitioner, Department of Professional Regulation, (Department), and the Construction Industry Licensing Board, (CILB), were and are the state agencies responsible for the regulation of the construction industry in this state. On August 7, 1987, James F. Gordon, an individual with a reported building and real estate business background, contracted with the Respondent to install the roof on the house he was building and which he had designed. Mr. Gordon chose the roofer himself rather than using the general contractor's roofer because that individual was not familiar with the type of tile to be installed. Respondent had installed a roof of this type tile on the condominium apartment in which Mr. Gordon was living at the time, and appeared to have done a good job, so Mr. Gordon chose him to do the house roof. The contract was negotiated between Mr. Gordon and the Respondent and his partner who took the plans to study before submitting their proposal to install the tile and base which, upon acceptance, became the contract for the job. Mr. Gordon was to pay for the tile ordered by Respondent. The Respondent ordered 9400 square feet of tile plus caps which came to between $8500 and $8800. The contract between Gordon and Respondent, for installation Of the tile and base, called for a payment of $9800. The original agreement between the parties was executed in July, 1987. Work was to start about three months later, after the permit for house construction had been pulled, based on an estimate of how construction would progress. As the house was erected, Mr. Gordon would notify the Respondent of the progress so he could have some idea as to when his work was to begin. The actual roof work began sometime in October, 1988. Respondent's men came timely and did the hot tar and felting during which time, Mr. Gordon often went up on the roof with the Respondent to see how things were going. The original plans called for Anderson skylights in the roof and Respondent's personnel did not want to use the flashings supplied with them. Mr. Gordon agreed to the change. The tile was custom ordered for this job and took some time to arrive. When it did, it was installed by a subcontractor under arrangement with the Respondent. Respondent never came to inspect or supervise the work of the installers, who he was paying by the piece, after his last visit when the mopping of the tar and felt was completed. Mr. Gordon was there every day and never saw Respondent during the entire installation. Respondent admits that paying by the piece for work of this kind may not be the best way to do it. The actual installation of the tile took approximately three weeks or more during which time the installers frequently complained about the way the roof was cut. The tile manufacturer sent a representative out to examine it. This individual indicated the roof was OK. When the installation was complete, there were 16 yards of tile debris left on the ground around the house. When no effort was made by the roofers to clean it up, Mr. Gordon repeatedly called Respondent's office to complain, and it took approximately two weeks before anyone came out to pick it up. Even then, the debris was merely placed in one large pile in the front yard and neither Respondent nor his subcontractor ever came back to remove it. Mr. Gordon had it removed at his own expense. The contract between Mr. Gordon and Respondent did not specifically provide for debris removal and Respondent claims this work is generally accomplished by the general contractor. No evidence to contradict this claim was presented by Petitioner. It was also noted that the installers mixed the colored cement used in the roofing in the garage and got it all over that area. No effort was made to clean it up before departure. Other deficiencies in installation included uneven installation of tile on the West side of the house. The tiles ran zigzag in their rows. Colored cement was splashed on the soffits; the color of the caps was irregular due to improper mixing of oxide for the cement; and the cap tiles were raised. Several months after installation, holes were discovered under tiles which were lifting up, and there was a leak in the roof near a skylight. Because he was dissatisfied with the roofing job he got, prior to closing, Mr. Gordon notified the bank financing the project that he was withholding $1,000 from the amount due the Respondent. He paid Respondent the balance. Because of personal problems unrelated to this matter, Mr. Gordon wad unable to take any further action for several months, during which time he heard nothing from the Respondent. He was, however, still dissatisfied with the roofing job and ultimately called Respondent to come fix a leak which had developed around a skylight. He received no response to that call and Respondent never showed up. Somewhat later, Mr. Gordon received a letter from a collection agency demanding the thousand dollars he had withheld. Mr. Gordon responded with pictures of the roofing job done by the Respondent and didn't hear anything further about it from either the agency or Respondent. Thereafter, Mr. Gordon filed a complaint with the Department and after that, Mr. Byer, hired by Respondent, came out to the Gordon house to fix the leak and to attempt to fix the discoloration. Mr. Byer removed the loose tiles and re-cemented the caps. Instead of replacing the cement, he painted with a substance which matched the color, but which will last only eight years. The roof is now sound and water tight, but due to the holes in some tiles, the mismatching of colors, and the zigzag courses, it is, to Mr. Gordon, esthetically unsatisfactory. Mr. Gordon has called in another roofer who indicated that the existing problems cannot be fixed. To correct the problem would require reroofing. Respondent's job was also considered unsatisfactory by Mr. Hurlston, the Department inspector who looked at the job in mid February, 1988. In his opinion, the work was sloppy, the tile has been "stretched", the lines are not straight, there are holes between the tiles, the "mud" around the roof ridge is not nesting properly, and some field tile are also raised and not nesting properly. Taken together, the workmanship is poor. It might be acceptable in a project home but not in a custom home as this is. In Mr. Hurlston's opinion, the failure to continuously supervise and correct errors as they occurred shows indifference to the job and constitutes gross negligence. In his opinion, the defects in the finished job are directly attributable to a lack of supervision by the Respondent, and it is so found. Respondent contends the job was done according to the installation specifications supplied by the manufacturer. He claims that the irregularity problem starts with the first three rows of tile and once they are down, the course is set. Correcting problems every couple of rows results in irregular lines and since every 5th line is nailed, if it is not in straight, it's too late to change without removing the whole roof. Assuming, arguendo, this is so, removal may well be the only appropriate course of action open if the installation is not right, and Respondent should have done it if necessary. Mr. Eckert also claims that the loose tiles discovered by Mr. Hurlston were, for the most part, caused by people walking around on the roof. A 10% loose tile rate, as evidenced here, is considered acceptable by the manufacturer. Mr. Hurlston agrees and it is so found. Respondent claims no knowledge of any problem with Mr. Gordon except for the fact that Gordon owes him $1,000. In light of Mr. Gordon's testimony that he called Respondent repeatedly to get him to come out, this is not likely. He has a policy that if a client owes him money, he won't correct any problems with the job until he is paid in full. Nonetheless, he sent Mr. Byer to make any corrections necessary in this case with the instructions to "do anything necessary to make him [Gordon] happy." Byer worked on the Gordon house for about three weeks during which time he replaced the V ridges by re-mortaring it and straightening crooked tiles. As the work progressed, Mr. Gordon seemed happy and indicated the work looked better. At no time did Gordon tell Byer to hurry or to abandon the job. When it was complete, however, Gordon told Byer that though he liked what Byer had done, Respondent would either reimburse him or he'd have his license. In light of his relationship with Gordon, the fact that Gordon has indicated he wants the roof replaced, and Gordon's alleged comment that he'd either be reimbursed or have Respondent's license, Respondent does not believe anything he could do short of replacing the roof, something he will not do, would satisfy Gordon. Other than sending Mr. Byer out to make corrections, he did nothing. It is obvious, however, that the only way to correct the problem of appearance is to remove the tile and start again. Respondent is unwilling to do this. By Final Order dated February 4, 1987, the Construction Industry Licensing Board imposed a fine of 1,000.00 on Respondent for gross negligence and incompetence demonstrated on a roofing job accomplished by him and his firm in 1980 and 1981.
Recommendation Based on the foregoing Findings of Fact and conclusions of Law, it is, therefore: RECOMMENDED that the Respondent, Charles J. Eckert's registration as a roofer be suspended for three months but that the suspension not be implemented and he be placed on probation for a period of one year under such terms and conditions as the Board may prescribe; that he pay an administrative fine of $1,000.00, and that he be reprimanded. RECOMMENDED this 29th day of December, 1989, in Tallahassee, Florida. ARNOLD H. POLLOCK 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 29th day of December, 1989. COPIES FURNISHED: J. Craig Myrick, Esquire Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Charles J. Eckert 2515 16th Avenue Drive East Bradenton, Florida 34208 Kenneth E. Easley General Counsel DPR 1940 North Monroe Street Tallahassee, Florida 32399-0792 Fred Seely Executive Director CILB Post Office Box 2 Jacksonville, Florida 32202
The Issue The issues that were presented for disposition in the above-styled cases were whether Respondent committed certain alleged violations of Chapter 489, F.S. and if so what discipline is appropriate. As stated below, the parties stipulated to the violations, leaving only the issue of discipline to be resolved.
Findings Of Fact Gordon Lee Cederberg is, and has been at all times material hereto, a licensed registered roofing contractor, having been issued license number RC 0051346, by the State of Florida. At all times material Respondent was the licensed qualifier for Allied American Roofing Company and was responsible in such capacity for supervising its contracting activities. Allied American Roofing Company was dissolved on November 4, 1988. Stipulated Violations By stipulation, Respondent has admitted the following allegations of the amended administrative complaint in DOAH #91-8319: 3. CASE NO. 0106373 COUNT THREE Respondent d/b/a Allied American Roofing contracted with Michael Roberts on April 4, 1988 to reroof a home located at 530 Mason Street, Apopka, Florida. The contract price was $942.80 and was paid in full. Respondent proceeded to complete the job without obtaining a permit and securing required inspections from the City of Apopka Building Department. By the reason of the foregoing allegations, Respondent has violated Section 489.129(1)(d), F.S., in that the Respondent willfully and deliberately disregarded and violated the applicable building code of a municipality, to wit, Apopka, Florida, by failing to obtain a permit and inspection is as required by that municipality. 4. CASE NO. 0107766 COUNT FOUR Respondent's license was under suspension by the Florida Construction Industry Licensing Board between August 10, 1988, and March 3, 1989. Respondent d/b/a Allied American Roofing contracted with Nancy Wiegner on September 22, 1988, to reroof a home located at 15 Kentucky Street, St. Cloud, Florida. The contract price was $1,600.00 and it was paid in full. Respondent commenced work under the contract but failed to obtain a permit prior to commencing such work from the City of St. Cloud, Florida, and the municipality issued a stop order on the job. Respondent further engaged in contracting in a municipality where he had not registered. By reason of the foregoing allegation, Respondent has violated Section 489.129(1)(j), F.S., in that he failed in a material respect to comply with the provisions of Section 489.117(2), F.S., in that he engaged in contracting in a municipality, to wit, St. Cloud, Florida, where he had failed to comply with the local licensing requirements for the type of work covered by his registration. COUNT FIVE By reason of the foregoing allegations, Respondent has violated Section 489.129(1)(d), F.S., in that Respondent willfully deliberately disregarded and violated the applicable building code of a municipality, to wit, St. Cloud, Florida by failing to secure a permit as required by that municipality. COUNT SIX By reason of the foregoing allegations, Respondent has violated Section 489.129(1)(j), F.S., by failing in a material respect to comply with the provisions of Section 489.127(1)(e), F.S., by engaging in contracting while his license was suspended. COUNT SEVEN By reason of the foregoing allegations, Respondent has violated 489.129(1)(m), F.S., by committing gross negligence, misconduct, and/or incompetency in the practice of contracting. 8. CASE NO. 0112740 COUNT EIGHT Respondent d/b/a Allied American Roofing contracted with Emma Smith on October 3, 1988 to reroof a home at 1911 Mullet Lake Park Road, Geneva, Seminole County, Florida. The contract price was $4,100.00 and it was paid in full. Respondent proceeded to complete the job without obtaining a permit and securing required inspections from the Seminole County Building Department. Respondent failed to properly construct a watertight roof which continued to leak and caused damage to the home. Respondent has failed to honor the five (5) year labor and twenty (20) year material warranty that was part of the said contract, although he was requested to do so. By reason of the foregoing allegations, Respondent has violated Section 489.129(1)(n), F.S., in that the Respondent proceeded on a job without obtaining an applicable local building department permit and inspections. COUNT NINE By reason of the foregoing allegations, Respondent has violated Section 489.129(1)(j), F.S., by failing in a material respect to comply with the provisions of Section 489.127(1)(e), F.S., by engaging in contracting while his license was suspended. COUNT TEN By reason of the aforesaid allegations, Respondent is guilty of violating Section 489.129(1)(m), F.S., by committing an act of gross negligence, incompetency and/or misconduct in the practice of contracting by failing to honor the written warranty described in paragraph twenty-six above. COUNT ELEVEN By reason of the aforesaid allegations, Respondent is guilty of violating Section 489.129(1)(m), F.S., by committing an act or acts of gross negligence, incompetency and/or misconduct in the practice of contracting. 12. CASE NO. 89-001674 COUNT TWELVE Respondent d/b/a Allied American Roofing Company contracted with Thelma Beck to reroof a home at 3910 Pineland Ridge Road, Orlando, Orange County, Florida on January 26, 1989 for a price of $2,270.00. Respondent accepted a $100.00 deposit for said job; the work was not begun and the $100.00 deposit was returned to Mrs. Beck. By reason of the foregoing allegations, Respondent has violated Section 489.129(1)(j), F.S., by failing in a material respect to comply with the provisions of Section 489.127(1)(e), F.S., by engaging in contracting while his license was suspended. COUNT THIRTEEN By reason of the aforesaid allegations, Respondent is guilty of violating Section 489.129(1)(m), F.S., by committing an act or acts of gross negligence, incompetency and/or misconduct in the practice of contracting. COUNT FOURTEEN Respondent d/b/a Allied American Roofing contracted with Morris Remmers to reroof a home at 8719 Butternut Boulevard, Orlando, Orange County, Florida, on or about February 23, 1989. The contract price was $2,870.00 and it was paid in full. Respondent proceeded to complete the job without obtaining a permit and securing required inspections from the Orange County Building Department. By reason of the foregoing allegation, Respondent is guilty of violating Section 489.129(1)(n), F.S., in that Respondent proceeded in a job without obtaining an applicable local building department permit and inspections. COUNT FIFTEEN By reason of the foregoing allegations, Respondent has violated Section 489.129(1)(j), F.S., by failing in a material respect to comply with the provisions of Section 489.127(1)(e), F.S., by engaging in contracting while his license was suspended. COUNT SIXTEEN By reason of the aforesaid allegations, Respondent is guilty of violating Section 489.129(1)(m), F.S., by committing an act or acts of gross negligence, incompetency and/or misconduct in the practice of contracting. 17. CASE NO. 89-008737 COUNT SEVENTEEN Respondent d/b/a Allied American Roofing contracted with Robert Speirs to reroof a dwelling at 2467 Fieldingwood Road, Maitland, Seminole County, Florida on or about October 14, 1988. The contract price was $3,600.00. Respondent proceeded to work the job but failed to obtain a permit and secure required inspections from the Seminole County Building Department. Respondent failed to properly construct a water tight roof which continued to leak. Respondent failed to honor the three (3) year labor and twenty (20) year material warranty that was part of the contract although he was requested to do so. By reason of the aforesaid allegations, Respondent has violated Section 489.129(1)(n), F.S., in that Respondent proceeded on a job without obtaining an applicable local building department permit and inspections. COUNT EIGHTEEN By reason of the foregoing allegations, Respondent has violated Section 489.129(1)(j), F.S., by failing in a material respect to comply with the provisions of Section 489.127(1)(e), F.S., by engaging in contracting while license was suspended. COUNT NINETEEN By reason of the aforesaid allegations, Respondent is guilty of violating Section 489.129(1)(m), F.S., by committing an act of gross negligence, incompetency and/or misconduct in the practice of contracting by failing to honor his written warranty described in paragraphs forty-seven above. COUNTY TWENTY By reason of the aforesaid allegations, Respondent is guilty of violating 489.129(1)(m), F.S., by committing an act or acts of gross negligence, incompetency and/or misconduct in the practice of contracting. 21. CASE NO. 109636 COUNT TWENTY-ONE Respondent d/b/a Allied American Roofing Company contracted with Daniel J. Doherty to reroof a home at 225 Dover Wood Road, Fern Park, Seminole County, Florida on October 2, 1988, for the contract price of $3,590.00 which was paid in full. Respondent proceeded to complete the job without obtaining a permit and securing required inspections from the Seminole County Building Department. Respondent failed to construct a watertight roof, which contributed to water damage to the interior of Mr. Doherty's home. Respondent failed to honor the five (5) year labor and twenty (20) year material warranty that was part of the contract, although he was requested to do so. By the reason of the foregoing allegations, Respondent has violated Section 489.129(1)(n), F.S., by proceeding on the job without obtaining a local building department permit and inspections. COUNT TWENTY-TWO By reason of the foregoing allegations, Respondent has violated Section 489.129(1)(j), F.S., by failing in a material respect to comply with the provisions of Section 489.127(1)(e), F.S. by engaging in contracting while his license was suspended. COUNT TWENTY-THREE By reason of the foregoing allegations, Respondent has violated 489.129(1)(m), F.S., by committing gross negligence, misconduct, and/or incompetency in the practice of contracting by failing to honor his warranty as described in paragraph fifty-six above. COUNT TWENTY-FOUR By reason of the aforesaid allegations, Respondent is guilty of violating Section 489.129(1)(m), F.S., by committing an act or acts of gross negligence, incompetency and/or misconduct in the practice of contracting. COUNT TWENTY-SEVEN Respondent d/b/a Allied American Roofing contracted with Gloria Viruet to reroof a home at 3010 (renumbered to 3007) Northwood Blvd., Orlando, Orange County, Florida on June 7, 1988. The contract price was $3,500.00. Respondent proceeded to complete the job without receiving a permit and securing required inspections from the Orange County Building Department. The Respondent failed to properly construct a watertight roof and a leak developed after construction. Respondent failed to honor the five (5) year labor and twenty (20) material warranty that was part of the said contract, although he has been requested to do so. By reason of the aforesaid allegations, Respondent has violated Section 489.129(1)(d), F.S., in that Respondent willfully and deliberately disregarded and violated the applicable building code of a County, to wit, Orange County, Florida by failing to obtain a permit and inspections as required by that County. COUNT TWENTY-EIGHT By reason of the aforesaid allegations, Respondent is guilty of violating Section 489.129(1)(m), F.S., by committing an act or acts of gross negligence, incompetency and/or misconduct in the practice of contracting, by failing to honor his written warranty described in paragraphs seventy. COUNTY TWENTY-NINE By reason of the aforesaid allegations, Respondent is guilty of violating Section 489.129(1)(m), F.S., by committing an act or acts of gross negligence, incompetency and/or misconduct in the practice of contracting. 28. CASE NO. 0108263 COUNT THIRTY Respondent d/b/a Allied American Roofing Company contracted with John E. Hultin to reroof a home located at 3610 Lakeview, Apopka, Florida on November 7, 1987. The contract price was $2,900.00 and it was paid in full. Respondent proceeded to complete the job without obtaining a permit and securing required inspections from the Seminole County Building Department. Respondent failed to properly install a roof covering, violating Section 103 of the Standard Building Code, 1985 Standard of Installation of Roofing Coverings adopted by Seminole County and Seminole County Ordinance Section 40.51. The contract provided for a five (5) year labor warranty and a twenty (20) year material warranty. Respondent made several attempts to correct defects but has not fulfilled his warranty as the roof continued to leak. By reason of the aforesaid allegations, Respondent has violated Section 489.129(1)(d), F.S., in that the Respondent willfully and deliberately disregarded and violated the applicable building code of a county, to wit, Seminole County, Florida by failing to obtain a permit and inspections as required by that county. COUNT THIRTY-ONE By reason of the foregoing allegations, Respondent has violated Section 489.129(1)(d), F.S., in that the Respondent willfully and deliberately disregarded and violated the applicable building code of a county, to wit, Seminole County, Florida by installing the above described roof in a grossly negligent manner and in a manner which violated Section 103 of the Standard Building Code, 1985 Standard of Installation of Roof Covering, adopted by Seminole County and Seminole Ordinances Section 40.51. COUNT THIRTY-TWO By reason of the aforesaid allegations, Respondent is guilty of violating Section 489.129(1)(m), F.S., by committing an act or acts of gross negligence, incompetency and/or misconduct in the practices of contracting by failing to honor his written warranty described above. COUNT THIRTY-THREE By reason of the aforesaid allegations, Respondent is guilty of violating Section 489.129(1)(m), F.S., by committing an act or acts of gross negligence, incompetency and/or misconduct in the practice of contracting. FACTS RELATED TO RESPONDENT'S PROPOSED MITIGATION Respondent has been engaged in the practice of roofing contracting for over twenty years. Prior to moving to Florida in 1983 his company worked in Michigan, Ohio and Indiana on large commercial jobs. In 1983 he was employed by the Disney company to do commercial roofing work. After licensure in Florida, Cederberg continued with large public works and commercial jobs in Florida. Sometime around 1988, after a disastrous reversal of fortune, the company filed for bankruptcy. Although he was utterly unfamiliar with the practice of residential roof contracting, particularly the demanding supervision involved, Gordon Cederberg began doing residential work. Around this same time Cederberg's wife left him and he was given custody of three children, ages three, six, and nine. He was emotionally distraught and obtained counseling and financial and other support from his church group. Cederberg's roofing contractor's license was suspended by the Construction Industry Licensing Board from August 1, 1988 to March 1, 1989, during which time he continued to work, due to financial pressures. Warranty work was not done due to his financial and emotional straits. According to Cederberg and his witnesses, he is in the process now of turning his life around. He operates on a smaller scale and is able to handle the work. He has one employee and has been able to avoid new complaints. He is still financially unable to provide restitution to the customers previously harmed.
Recommendation Based on the foregoing it is hereby, RECOMMENDED: that the parties' stipulation with regard to dismissals and admissions described above be accepted by the Board and that the following penalty be imposed: a) 1000.00 fine; one year suspension, with this penalty suspended during, and removed upon successful completion of, probation with an appropriate timetable for restitution and the requirement that appropriate continuing education courses are completed; and payment of costs of investigation and prosecution. DONE and ENTERED this 31st day of December, 1992, at Tallahassee, 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 31st day of December, 1992. COPIES FURNISHED: Jack McRay, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792 Daniel O'Brien, Executive Director Construction Industry Licensing Board P.O. Box 2 Jacksonville, FL 32202 William S. Cummins, Esquire Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792 Jack Snow, Esquire 407 Wekiva Spings Road, Suite 229 Longwood, FL 32779
The Issue Whether Respondent violated Subsections 489.127(1)(f) and 489.531(1), Florida Statutes (2005),1 and, if so, what penalty should be imposed.
Findings Of Fact Mr. Usher is not licensed to engage in contracting as a state-registered or state-certified contractor in the State of Florida, and he is not licensed, registered, or certified, pursuant to Chapter 489, Part II, Florida Statutes, as an electrical contractor. Mr. Usher works under the name of "J" Squared Construction ("J" Squared). Rose Linthicome is the owner of Divine Connections Realty, whose business address was 2108 Third Avenue, Crestview, Florida. As a result of Hurricane Ivan, Ms. Linthicome's building located on Third Avenue sustained damage to the roof. Ms. Linthicome contacted Norcross Construction Company (Norcross) to get a bid for the roof repair. Norcross asked Mr. Usher to prepare a proposal for the work as a subcontractor, which Mr. Usher did. After receiving the proposal from Mr. Usher, Norcross submitted a bid to Ms. Linthicome, but the cost was well beyond the amount which Ms. Linthicome's insurance paid for the damage. Ms. Linthicome could not afford to use Norcross to repair the roof. Mr. Usher approached Ms. Linthicome and told her that he could do the work as "J" Squared for less than the amount bid by Norcross, if Ms. Linthicome would pull the permits as the building owner. Ms. Linthicome agreed for "J" Squared to do the work for labor costs of $26,400.00. Ms. Linthicome was to pay for materials and supplies. The total cost for the new roof system and materials was not to exceed $52,400.00 Mr. Usher prepared the contract for the new roof system. The contract was titled "'J' Squared Subcontract Agreement." In the contract Ms. Linthicome was referred to as the contractor. The contract set forth the work to be performed as follows: "J" Squared is subcontracted to do a complete roof rip out and new roof system installation on the existing structure. This includes the rip out and the new installation of a new roof system: THE RIP OUT INCLUDES: The removal of ceilings, lights, fans, vents, smoke alarms and any other item attached to the ceilings. The removal of the existing plywood, trusses, and debris of the old roof, and Any and all other aspects that are considered reasonable and necessary to be performed in order to remove the roof and prepare the structure for the new roofing system. THE NEW INSTALLATION INCLUDES: The Installation of New Trusses manufactured by Freeport Truss Company, The Installation of New Plywood and felt paper to dry in the new roof system, The Installation of Rat Runs, Blocking, Hardware, Strapping to meet code, The Installation of New 20 Year Architectural shingles, The Installation of New Rain Gutter System, The Building of the Front Porch Cricket and New Ceiling with arched entry, the Installation, building or attachment of any and all aspects of a typical roofing system redo, The Re attachment of all existing ceilings. (Moving the garage ceiling to the inside front room and replacing Garage ceiling with Sheet Rock, The Reinstallation of all fixtures, lights, fans, smoke alarms, etc on the existing new ceilings, The Installation of new communications, network and other plugs and outlets as agreed to on 10/04/05, and Any and all other aspects that are considered reasonable and necessary to be performed in order to pass inspections and for the new roofing system to be considered as complete. Ms. Linthicome did not tell Mr. Usher that she was a licensed contractor, and Mr. Usher's testimony that he thought that Ms. Linthicome was a licensed contractor is not credible. It was never intended that Ms. Linthicome would supervise the installation of the new roof system. It was always the intent of Mr. Usher and Ms. Linthicome that Mr. Usher would directly supervise the work. As the building owner, Ms. Linthicome could pull the building permit, but Mr. Usher could not pull the building permit because he was not a licensed contractor. Mr. Usher ordered the trusses from Freeport Truss Company and requested that Ms. Linthicome write two checks to the Truss Company, one check for $9,000.00 and one check for $6,000.00. Ms. Linthicome also gave Mr. Usher a check made out to "J" Squared for $8,4000.00 for the initial payment for labor. Mr. Usher hired the laborers to work on the project. He intended to subcontract with an electrician to perform the electrical work on the project. Mr. Usher and his crew removed the roof and failed to complete the project. In the investigation and prosecution of this case, the Department incurred costs in the amount of $369.09, excluding costs associated with an attorney's time.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Mr. Usher violated Subsections 489.127(1)(f) and 489.531(1), Florida Statutes; imposing an administrative fine of $10,000; and assessing investigative costs of $369.09. DONE AND ENTERED this 12th day of June, 2007, in Tallahassee, Leon County, Florida. S SUSAN B. HARRELL 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 12th day of June, 2007.
Findings Of Fact Based on my observation of the witnesses and their demeanor while testifying, the documentary evidence and the positions of the parties, I hereby make the following: Thomas G. Walker (herein sometimes called "Licensee" or "Respondent") is a registered residential contractor and is issued license number RR 0009839. Thomas G. Walker was initially licensed by the Board in July of 1969 as an individual and during January, 1975, he changed his registration status as an individual to qualify Insulshield Roofing as the business entity through which he would conduct his business (Petitioner's Exhibit No. 1). An examination of the official records pertaining to the Licensee reveals that he does not now nor has he ever held a roofing license in the State of Florida. On February 16, 1979, the Licensee was apprehended contracting roofing without a State roofing contractor's license by the Board's representative and was issued a Notice of Violation (Petitioner's Exhibit No. 3). On July 26, 1977, the Licensee entered into an agreement with Jan Soderstrom, 501 Orlando Avenue, Indialantic, Florida, to remove the tile from the Florida Room of her residence and hot mop the herein-described roofing area, to replace tile as needed, to clean and coat the entire roof, and to install a cap over Ms. Soderstrom's chimney. He guaranteed the work for a period of five (5) years and charged a contracted price of $800.00. The Licensee was paid the contracted price of $800.00 by check dated August 4, 1977 (Petitioner's Exhibit No. 5). During early February, 1978, Ms. Soderstrom detected a leak in her roof and summoned the Licensee back to her residence to repair same. During February, 1978, Respondent returned to Ms. Soderstrom's residence to repair the leak in her roof. Upon his return, he removed several roof tiles and since February, 1978, to the present, he has not returned to this project. Clyde Pirtle, a field investigator for the Board, investigated the Licensee based on complaints that he received from Ms. Soderstrom and from a Mr. Capitz. On or about February 16, 1977, Mr. Pirtle discussed a Notice of Violation with the Licensee and explained to him the necessity to register as a Roofing Contractor, if he was in the business of acting as a Roofing Contractor. Mr. Charles D. Franklin, a building official of Indian Harbor Beach, Florida, is the custodian of the records in Indian Harbor, Florida. Based on an examination of the records by Mr. Franklin, the Respondent/Licensee is not registered as a Roofing Contractor locally.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby, RECOMMENDED: That the registered residential contractor's license, number 0009839, of the Licensee, Thomas G. Walker, d/b/a Insulshield Roofing, be suspended for a period of one (1) year. RECOMMENDED this 4th day of April, 1979, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Barry S. Sinoff, Esquire 2400 Independent Square Jacksonville, Florida 32202 Thomas G. Walker d/b/a Insulshield Roofing 170 5th Street South Melbourne Beach, Florida 32951 J. K. Linnan, Executive Director Florida Construction Industry Licensing Board Post Office Box 8621 Jacksonville, Florida 32211
The Issue The issues in this case concern an administrative complaint brought by Petitioner against Respondent alleging an inadequate performance in work done for a customer, Louise A. Bright. In particular, Respondent is said to have proceeded to do work for Ms. Bright without having obtained a timely permit to commence the work, in violation of local law, by his deliberate action or through improper supervision. As a consequence, Respondent is said to have violated various provisions of Chapter 489, Florida Statutes. In addition, Respondent is accused of having done business under a name other than the name reflected on his license, as issued by Petitioner, the name which he had done business under having not been qualified with Petitioner. Again, this constitutes alleged violations of Chapter 489, Florida Statutes. Finally, Respondent is accused of gross negligence, incompetence, misconduct and/or deceit in connection with work based upon his personal activities or his failure to properly supervise, leading to a performance which did not provide a reasonably watertight roof, which roof leaked; the improper installation of window seals, resulting in water draining towards the interior; and misconduct in the competitive-bid process associated with the Bright job. The administrative complaint points out that the Respondent had previously been disciplined by the Construction Industry Licensing Board in an unrelated case.
Findings Of Fact The State of Florida, Department of Professional Regulation, has the responsibility of prosecuting administrative complaints brought by the Construction Industry Licensing Board. The authority for the activities of these entities is announced in Chapters 120, 455 and 49, Florida Statutes, and applicable rules promulgated under the authority of those statutes. At times pertinent to this inquiry, Respondent has been licensed by the Construction Industry Licensing Board as a certified residential contractor. His license number is CR C0277268. The license he holds is as an individual. Respondent has not served as a qualifying agent for a company known as Stratton Construction Company. Ms. Louise A. Bright of 5143 Astral Avenue, Jacksonville, Florida, was interested in having remodeling and re-roofing work done at her home at that address under the auspices of the HUD Rehabilitation Program. In this connection, she sought bids from two contractors other than Respondent. The intention of those two contractors in submission of sealed bids to Ms. Bright was to secure their contents from being disclosed to competitors, such as Respondent. Respondent contacted Ms. Bright about bidding on this project. This solicitation of Ms. Bright was not inappropriate. It was inappropriate for Respondent, once he entered into discussions with Ms. Bright at her home, to insist on Ms. Bright revealing the contents of his competitors' bids. Ms. Bright told Respondent that she did not think this was an appropriate arrangement. Respondent replied that it was done all the time. Respondent kept asking Ms. Bright about different items in one competitor's bid quotation. Eventually, Ms. Bright tired of the discussion and laid one of the two proposals on her table and Respondent examined it and began to describe how he thought he could undercut the price of his competitor. As Robert H. Adams, a certified residential contractor licensed by the State of Florida, testified in the hearing, it was an act of misconduct for Respondent to ask for the contents of the sealed bid of the competitor before submitting his own bid. In fact, Respondent did not offer his terms until he had had the opportunity to examine the position of a competitor and the terms of that competitor's bid. On May 28, 1987, Ms. Bright and Respondent entered into a contract to have the remodeling work done at her home and the roof work. The roof work was constituted of shingles in one portion and the installation of materials which approximate a built-up roof in another portion. The price of the contract was $15,140.00. Respondent entered into the contract with Ms. Bright under the name of Stratton Construction Company. Respondent commenced the work sometime around June 8 or 10, 1987. Respondent, under the name of Stratton Construction Company, obtained a building permit from the City of Jacksonville, Florida, for purposes of the re- roofing work only. That permit was obtained on June 11, 1987, after the overall work began at the residence. Although it was incumbent upon Respondent to obtain a permit from the City of Jacksonville to do the remodeling portion of the work, as contemplated by requirements of the City of Jacksonville's Building Code, the remodeling permit was never obtained before commencement of the work, nor at any other time, as the record stands. As the work proceeded, several change orders were executed on May 28, 1987, June 2, 1987 and June 3, 1987. A fourth change order was not allowed. The reason for its rejection was based upon the perception of an official with HUD, Hank Pocopanni, who felt that the cost of the fourth change order was too expensive. The ultimate contract price was $15,130.00. Based upon the progress of the work, 30% and 60% payments on the contract amount were rendered based upon a 40% and 80% completion. At the time of the second draw, the roof had been installed. The roof in question, although needing repair, had not been leaking prior to the work that was done on it. The roofing work was done at the residence by Bailey's Roofing of 2922 West 6th Street, Jacksonville, Florida 32205. The inspections on the quality of the roof work which were done by the HUD and the City of Jacksonville were not detailed inspections. The inspections by the City of Jacksonville were merely to see that the roof had been installed. The more complete inspection of the roof which would have been done by HUD was to be performed at the time of the final inspection. That final inspection never occurred because Ms. Bright and Respondent terminated their relationship as owner and contractor under the contract. Respondent has also placed a claim of lien against Ms. Bright for the balance of the contract money not disbursed. The roof has leaked in a bedroom in the home, as well as in the breakfast room and around one of the chimneys, running down rafters from the chimney. In addition, as Mr. Adams pointed out in his expert opinion testimony, which is accepted, the prefab chimney structure, which had heavy asphalt cement placed upon the top of the cap, was an inappropriate installation because chimneys produce heat and one should not put asphalt cement next to them. Respondent has sufficient expertise to understand the inappropriateness of this form of installation. It is not necessary for him to be a roofing contractor to understand that this was an incorrect choice. Nor does he need to be a roofing contractor to understand, as Mr. Adams, in his expert opinion, identified that the shingles on the roof were improperly installed and the fact that the shingles had been improperly cut because they did not cover the eaves drip completely. A certified residential contractor, such as Respondent, has the necessary expertise to understand the re-roofing by use of shingles. Respondent is also capable of understanding that the installation of flashing material around the chimney at the home was unsightly and improper, as identified by Mr. Adams, whose expertise is accepted and opinion is credited. Mr. Adams also identified the fact of a 48-inch overhang at the rear of the house without vertical support columns or beams and some concern about the stability of that situation. On balance, his opinion does not seem to state with certainty that this, indeed, is a problem. Likewise, his opinion about the part of the roof which is, by nature, more akin to a built-up roof and its potential for physical damage because of problems with its membrane is not credited because he is not found to be an expert in those types of roofs. According to Mr. Adams, the problems with the roof and window seals were representative of incompetence and lack of proper supervision on the part of Respondent. This opinion of Mr. Adams is accepted. Mr. Adams, in his expert opinion, identified the fact that the window seals, which had been installed in this project, did not have an appropriate slope to allow them to divert water away from the windows, resulting in the possibility of water intrusion into the house. This refers to rainwater. His opinion is accepted. Although a copy of a punchlist dated August 25, 1987, which Respondent had and is shown as Exhibit 5 admitted into evidence, makes reference to repairs of a roof leak in bedroom 1, on February 2, 1988, Ms. Bright was still having problems with the roof as evidenced by correspondence directed to Stratton Construction Company on that date. Respondent has been disciplined in the past by the imposition of a $100.00 fine in DOAH Case No. 87-2699. This pertained to a contract of August 14, 1986 with Aaron Lee and Valerie Patrice Cobb to renovate their home at 5017 Pearl Street, Jacksonville, Florida. It was the finding in that case that prior to that situation, Respondent had only built new homes in Florida and was unaware of the necessity to obtain a permit to affect repairs to the interior of the home other than the permit he had obtained. The facts went on to describe how Respondent was aware of the need to secure a building permit for construction of the utility room but only applied for that permit on June 11, 1987, long after the work had been completed and he was in dispute with the homeowners. As a consequence, Respondent was found in violation of Section 489.129(1), Florida Statutes, and the fine imposed.
Recommendation In accordance with Chapter 21E-17, Florida Administrative Code, having in mind Respondent's disciplinary history, it is RECOMMENDED: That a Final Order be entered which imposes an administrative fine of $2,000.00 for these violations. DONE AND ENTERED this 18th day of October, 1989, in Tallahassee, Leon County, Florida. CHARLES C. ADAMS 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 18th day of October, 1989. APPENDIX TO RECOMMENDED ORDER, CASE NO. 89-2164 Petitioner's facts are responded to as follows: Paragraphs 1-10 are subordinate to facts found. Paragraph 11 is subordinate to facts found, except its suggestion of problems other than those associated with the roof and the window seals, which other problems are not relevant to this inquiry. Paragraph 12 is subordinate to facts found. Paragraph 13 is subordinate to facts found, except to the reference to problems other than with the roof and the window seals, which problems are not relevant to this inquiry. Paragraph 14 is subordinate to facts found, except to the reference to comments by Mr. Adams related to the roofing membrane, which is found to be beyond his expertise. COPIES FURNISHED: George W. Harrell, Esquire Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0750 Kenneth E. Easley, Esquire General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0750 Mr. Fred Seely Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32202 Mr. Stuart Stratton 3365 Silver Palm Drive Jacksonville, Florida 32250
