Findings Of Fact Robert O. Bartholomew is registered as a general contractor and as a residential contractor holding licenses No. RG0025081 and No. RR0035491. Be was so registered at all times here relevant. Neither Carl Robinson nor his company, Atlas Associates, Inc., is registered as a building contractor in Pasco County. Robinson, acting for Atlas Associates, Inc., entered into a contract with Betty Valdez to construct an addition to her mobile home in Lutz, Pasco County, Florida, and requested Respondent to pull the building permit as neither Robinson nor Atlas Associates, Inc., is registered in Pasco County. Respondent pulled the permit, as contractor, for the work to be done on Valdez' home although he was not a party to the contract. Both Robinson and Respondent testified they worked under a verbal arrangement as partners in several projects; however, Respondent has no ownership interest in Atlas Associates, Inc. The work was started by Robinson's foreman, Hubbard, but after a short period on the job Hubbard was fired and Respondent took over the construction. Disputes arose between Ms. Valdez and the contractor and the work was not completed by Atlas Associates, Inc. Part of the contract provided for a roof over the existing roof on the trailer. Pasco County requires this work, like electrical and plumbing, to be done by one licensed in that field. No licensed roofer was used and no permit to have such work done by a licensed roofer was pulled. Following unsatisfactory termination of the contract between Atlas and Valdez, liens were filed by Atlas Associates, Inc., and Respondent against Valdez' property and countersuits were instituted by Valdez before both sides agreed to drop their claims. Respondent's contention that Ms. Valdez' agreement to drop all claims in settlement of the dispute somehow precludes this action, is without merit. In a separate proceeding Robinson was disciplined by the Board for his violations of the Construction Industry Licensing Law in contracting with Ms. Valdez when not properly licensed to do so.
Findings Of Fact Respondent is a certified general contractor holding license number CG C005645. His last known address was Raemel Construction & Engineering, Inc., 950 County Club Boulevard, Cape Coral, Florida 33904 (Prehearing Stipulation). I. Although respondent has engaged in contracting under the name of Raemel Construction & Engineering, Inc., since May 27, 1980, he did not qualify this company with the Construction Industry Licensing Board until December 4, 1980. (Prehearing Stipulation; Testimony of respondent.) This was not, however, an intentional violation of the Construction Industry Licensing Law. It wasn't until December, 1980--after consulting with his new attorney--that respondent discovered that his former attorney had not filed the necessary papers to qualify his newly renamed company with the Construction Industry Licensing Board. Upon discovering this omission, he promptly qualified the company with the Board. (Testimony of respondent.) II. In May, 1980, respondent entered an agreement with Bozidar and Rene Devic to build a commercial building to be known as Atrium Plaza on Lots 1-8, Block 359, Cape Coral, Florida. The construction price was $145,000. (R-1.) Thereafter, respondent, together with his on-site building superintendent, carried out the duties of a general contractor. He supervised the construction of the building, helped obtain the construction loan, received the construction loan proceeds, and, in turn, paid the subcontractors. He, together with Mr. Devic, selected the masonry, plumbing, roofing and electrical subcontractors. He pulled the building permit, checked with his on-site building superintendent daily, and inspected the project at least twice a week. He arranged for all building inspections. Indeed, there is no evidence that the respondent acted other than as a competent and responsible general contractor. (Testimony of respondent, Wunder, Cosser.) Herbert J. Werner, Director of the Building and Zoning Department of the City of Cape Coral, submitted a sworn statement on respondent's behalf, a statement which is singular in its praise of respondent's performance as a contractor: It has been my extreme pleasure to have known and dealt with Charles A. Wunder, Sr., during most of the above mentioned [6] years. He has always conducted himself in a most professional manner and I cannot recall a single complaint against him in all that time. Were I to have my choice of people to conduct business with, out of the 2200 contractors within our city, my first choice would be Mr. Charles A. Wunder, Sr. (R-4.)
Recommendation Based on the foregoing, it is RECOMMENDED: That respondent receive a reprimand for violating Sections 489.129(1)(j) and 489.119(2), Florida Statutes (1981). DONE and RECOMMENDED this 21st day of March, 1983, in Tallahassee, Leon County, Florida. R. L. CALEEN, JR. 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 21st day of March, 1983.
The Issue The issue is whether respondent's license as a registered roofing contractor should be disciplined for the reasons set forth in the administrative complaint.
Findings Of Fact Based upon the entire record, the following findings of fact are determined: At all times relevant hereto, respondent, Raymond D. Simmons, was licensed as a registered roofing contractor having been issued license number RC 0055320 by petitioner, Department of Professional Regulation, Construction Industry Licensing Board (Board). He has been licensed as a roofing contractor since November 1987. The Board's official records reflect that on July 1, 1991, the license was placed on the delinquent status for non-renewal and is now considered "invalid." 1/ When the events herein occurred, respondent was the qualifying agent for Simmons and Sons Plumbing and Roofing, Route 1, Box 191 (County Road 225), Waldo, Florida. Except for this action, there is no evidence that respondent has ever been disciplined by the Board. On May 3, 1988, respondent submitted a proposal to Charles and Thea Ansman to repair the roof on their home located at 5132 N. W. 29th Street, Gainesville, Florida. With minor modifications, the proposal was accepted by the Ansmans on May 10, 1988. According to the agreement, respondent was to perform the following services: Tear off old shingles dry-in with 15 lb. felt and replace with Corning Owens 20 year fungus resistant shingles. Replace all plumbing stacks and ease drips. Will replace back porch with 3-ply build-up roof will coat it with roof coating 10 year warranty on workmanship 20 year manufactor [sic] on shingles and build-up roof. Will replace all wood that needs to be replaced. Although the agreement does not specifically refer to ridge vents, the parties also agreed that respondent would install a ridge vent on the home. On May 16, 1988, respondent made application for a building permit from the City of Gainesville to "reroof" the Ansman's home. The permit was issued on May 20, 1988, in the name of Simmons & Sons Plumbing and Roofing. Respondent commenced work on the project on May 16 and continued the work over a period of several days. During this period of time, respondent was frequently on the job site overseeing the work. Indeed, Thea Ansman said respondent was at her home approximately half of the time while the repairs were being made. Thus, while respondent undoubtedly supervised the job, for the reasons stated in findings of fact 6 and 7, he nonetheless failed to "properly" supervise the work. On May 20, 1988, Thea Ansman paid respondent in full for the work. Although the job was not finished, respondent told Mrs. Ansman he would return the next day to complete the work. When respondent failed to return, the Ansmans repeatedly telephoned him during the next few months, but respondent either refused to speak with the Ansmans or told them he would return within a few days. However, the work was never finished and respondent never returned to the job site. While inspecting the roof one day, Charles Ansman noted that the roof trusses, an intregal part of the load bearing capacity of the structure, were cut at their peaks. The depth of the cuts was between one and two inches and was apparently the result of a saw-blade not set at the proper height when the ridge vent was installed. Sometime in July or August 1988 Charles Ansman discussed the damage with respondent and requested that respondent repair the same. Respondent refused to do so on the ground he was not responsible for the damage. Ansman then filed a complaint with the City of Gainesville Building Department. On September 9, 1988, a city building inspector inspected the home and confirmed that virtually every truss was cut and that the integrity of the roof was in jeopardy. He also observed that the soffits were improperly installed in some cases, and in others, were missing altogether. A notice of violation was then issued by the city on October 3, 1988, charging respondent with violating the Standard Building Code in two respects. More specifically, it was charged that respondent's workmanship violated sections 1701.1.1 and 1708.2.1 of the 1985 Standard Building Code, as amended through 1987. These sections pertain to the quality and design of wood trusses and the design of trussed rafters, respectively. At a hearing before the city's Trade Qualifying Board, respondent admitted his workers had violated the cited sections and caused the damage to the trusses. However, respondent denied liability on the theory that the workers, and not he personally, had negligently damaged the house. Respondent was thereafter issued a letter of reprimand for his actions. In order to recover their damages, which included the replacement of all damaged trusses, the Ansmans filed suit against respondent in Alachua County small claims court. On April 18, 1989, they received a judgment in the amount of $1,050. The judgment was eventually satisfied but only after the Ansmans threatened to levy on respondent's real property located in Alachua County. In preparation for the suit, the Ansmans obtained an engineering report which corroborates the findings made by the city building inspector concerning the damage and negligence on the part of respondent's work crew. By allowing the work to be performed in that manner, respondent was incompetent and committed misconduct in his practice of contracting. However, there is no evidence that respondent was grossly negligent during his supervision of the job. Respondent did not appear at hearing. However, prior to hearing he spoke to the city building inspector and acknowledged that the roof trusses were damaged as the result of negligence on the part of his crew. He also admitted this during the final hearing on the small claims action. At the same time, he denied that his workers had ever touched the soffits. This assertion, however, is rejected as not being credible.
Recommendation Based upon the foregoing findings of facts and conclusions of law, it is, recommended that respondent be found guilty of violating Subsection 489.129(1)(m), Florida Statutes (1987), and that he pay a $1000 fine and his license be suspended for one year. RECOMMENDED this 16th day of December, 1991, 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 16th day of December, 1991.
The Issue The issues in this case are those promoted by the Administrative Complaint by Department of Professional Regulation against Respondent accusing him of violations of Chapter 489, Florida Statutes, pertaining to work done for Mary Scott. This circumstance is more particularly discussed in findings of fact and conclusions of law.
Findings Of Fact Respondent is a registered building contractor and a registered roofing contractor, having been issued license No. RB 0009302 and RC 0032535. Said licenses were in effect as of the date of the hearing in this matter. Both of Respondent's licenses had become delinquent in July 1981 and were not renewed until June 1983. On or about November 11, 1982, Mary Scott entered into a contract with Henry Hodge, doing business as "Direct Interiors," pursuant to which Hodge was to construct an addition to the Scott residence located at 1439 West 2nd Street, Jacksonville, Florida. The contract price was $6,848.00. On November 24, 1982, Respondent used his registered building contractor's license to help obtain building permit No. 10047 from the City of Jacksonville, Building and Zoning Department, for the construction of the addition to the Scott residence under her contract with Henry Hodge. At no time material hereto was Henry Hodge or "Direct Interiors" licensed to engage in the business of contracting in the State of Florida. At no time did the Respondent qualify "Direct Interiors" to engage in the business of contracting. Respondent helped obtain the permit at Hodge's request, as a favor to Hodge. Respondent has never been partners or otherwise done business with Hodge. Respondent became casually acquainted with Hodge when they both were working on the same construction site, unrelated to this case. Respondent helped Hodge obtain the permit as follows: Hodge approached Respondent and asked Respondent to obtain the permit for the Scott jot. Respondent told Hodge to bring Respondent a building permit application form. Hodge did this, and Respondent then signed the application while it was still blank. Hodge thereafter filled in the details, took the application in to the building department, and received the building permit. Respondent had no knowledge of the size or other details of the work on the Scott job, other that it was a room addition. At not time while Henry Hodge was working on the Scott job did Respondent visit the job site or in any way supervise the work. Henry Hodge, as "Direct Interiors," completed construction of the addition and received $5,924.00 in payment from Mary Scott. The contract between Hodge and Scott called for building a room addition and for reroofing certain portions of the roof of the existing structure. After Hodge completed the job, portions of the reroofed area which had not leaked before Hodge reroofed it, began to leak. Mary Scott was not able to obtain satisfactory performance from Hodge concerning this problem. She then contacted the building department and found that the building permit was obtained upon Respondent's license. Until that point, she was unaware of Respondent. Subsequently, Respondent corrected the work done by Hodge.
Recommendation Upon consideration of the facts found, conclusions of law and matters in mitigation and aggravation, it is RECOMMENDED that a final order be entered imposing a $500.00 fine for the violations found. DONE AND ENTERED this 5th day of March 1984 in Tallahassee, Florida. CHARLES C. ADAMS 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 5th day of March 1984. COPIES FURNISHED: Harold M. Braxton, Esquire 45 Southwest 36th Court Miami, Florida 33135 Mr. Gilbert Sykes 4862 Soutel Drive Jacksonville, Florida 32208 James Linnan, Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32202 Fred M. Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
