Findings Of Fact The Respondent is a registered roofing contractor, having been issued license number RC 0020923. On may 27, 1982, the Respondent, doing business as T & T Roofing Company, contracted with Jessie Reid, 1021 Abeline Drive, Deltona, Florida, to replace an existing shingle roof for a total contract price of $2,406.20. At all times material hereto, the Respondent was registered with the Construction Industry Licensing Board as qualifying agency for A. L. Roofing Specialists. At no time has the Respondent qualified T & T Roofing Company. On August 26, 1982, when the Respondent completed work on Jessie Reid's roof, he was paid $2,406.20 which was the entire contract price for this job. The Respondent was to return to the job site to inspect the roof and correct minor remaining problems. However, when the Respondent would not return to the job, even after repeated calls, it was determined that there is a difference in shingle thickness at points on the roof, and the rain runs down over the gutters instead of into them. Further, the hip and ridge caps are of a different material than the major portion of the shingled roof; there are exposed nails; and the gutters are filled with roofing debris. The Respondent has not been responsive to communications and he has refused to make the necessary corrections to Jessie Reid's roof. The Respondent never obtained a permit for the reroofing work done for Jessie Reid at 1021 Abeline Drive, in Deltona. A permit is required to do reroofing work in Deltona, which is within the jurisdiction of Volusia County.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Registered Roofing Contractor's license number RC 0020923 held by the Respondent, John W. Thorn, be revoked. DONE AND ENTERED this 30th day of May 1984 in Tallahassee, Florida. WILLIAM B. THOMAS 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 30th day of May 1984. COPIES FURNISHED: Edward C. Hill, Jr., Esquire 130 North Monroe Street Tallahassee, Florida 32301 Mr. John W. Thorn Post Office Box 1897 Deland, Florida 32720
Findings Of Fact At all times relevant hereto, respondent, James S. Stroz, held registered roofing contractor license number RC 0034849 issued by petitioner, Department of Professional Regulation, Florida Construction Industry Licensing Board. He was first licensed in November, 1979, and at that time qualified under the name of Stroz Roofing. A change in status application was later filed to qualify Stroz Roofing, Inc., 13696 Exotica Lane, West Palm Beach, Florida. Although licensed as a roofing contractor, respondent's firm only performs work on wood shakes or shingles. He does not do hot roofs or flat roofs, which is another speciality in the roofing business. While working for a roofing firm in1979, Stroz became acquainted with Lacy Davis, an unlicensed individual who specialized in flat roof work. When Stroz started his own roofing company in 1983, he began contracting out the flat roof work to other licensed roofing contractors. Lacy Davis learned of this and approached Stroz offering his services on the flat roof work. Stroz knew Davis was unlicensed and would not initially hire him, but Davis gave him a business card of Henry Haywood, a licensed roofing contractor in Palm Beach County and explained he and Haywood were partners and that the work and permitting would be done under Haywood's license. In actuality, Haywood had not authorized Davis to use his business cards, or topull permits under his name. Indeed, Haywood had no knowledge of Davis' activities. Without verifying the truth of Davis' representations, and accepting them instead at face value, Stroz agreed to hire Davis to perform his flat roof work. Between January 20, 1983 and September 30, 1984, Stroz performed some twenty-one jobs using Davis for the flat roof work. At all times, Stroz was under the impression that the work was being done under Haywood's license and that his activities were lawful. Stroz made all checks for the work payable to Lacy Davis or Lacy Davis Roofing. He did this because Davis told him he frequently had difficulty reaching Haywood to cash the checks, and because the business bank account was in Davis' own name. A few of the checks carried a notation at the bottom that payment was for work by Haywood Roofing, but most made no reference to Haywood. Stroz pulled all permits on their jobs reflecting that Haywood Roofing was the licensed contractor. Of the twenty invoices given by Davis to Stroz for the twenty-one jobs, only four were on invoices printed with Haywood's name. The remainder had various other names including "Lacy Davis Roofing," "Lacy Davis" and "Lacy Davis and Benny Guy Roofing Contractors." None of these were licensed as roofing contractors by petitioner. In June, 1984, a member of Davis' crew was injured and it was discovered Davis had no insurance. Stroz's insurance paid the claim, but an investigation ultimately determined that Davis was unlicensed and had no authority to act on Haywood's behalf. This led to the issuance of the administrative complaint herein. Respondent has fully cooperated with petitioner, and in fact voluntarily disclosed one job with Davis that petitioner's investigation had failed to uncover. He admits he was negligent in not checking out the representations of Davis, but he never intended to violate the law. No consumer was harmed in any way by Davis' work, and there are no complaints concerning the quality of the jobs in question.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent be found guilty as charged in the administrative complaint, and that he be fined $500 to be paid within thirty days from date of the final order rendered in this proceeding. DONE and ORDERED this 2nd day of July, 1985, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, FL 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of July, 1985.
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's registered roofing contractor's license should he revoked, suspended or otherwise disciplined based on charges that he violated Ch. 455, Florida Statutes (1979), by (1) abandoning a construction project; making a misleading, deceptive or untrue representation in the practice of his profession; (3) violating local building codes in two instances; and (4) engaging in the business of contracting in a county or municipality without first complying with local licensing requirements.
Findings Of Fact At all times material hereto, respondent held registered roofing contractor's license, number RC 0033215, issued by the State of Florida. The license has been in a delinquent status since July 1, 1981. (Petitioner's Exhibit 1). Between October 1, 1979, and September 30, 1980, respondent held an occupational license issued by the County of Indian River, Florida, which enabled him to engage in the business of roofing contracting in that county. However, this occupational license expired on September 30, 1980. (Petitioner's Composite Exhibit 9). In February, 1981, respondent entered into a verbal agreement with Ezra Grant to repair, for compensation, all leaks in the front and rear sections of the roof on Grant's home, which was located in Sebastian, Florida. (Testimony of Grant). When respondent and Grant entered into this verbal agreement, respondent gave Grant one of his calling cards. On the face of the calling card, in the lower right corner, was written "licensed and insured." (Petitioner's Exhibit 4; Testimony of Grant). At all time material hereto, respondent was not licensed to engage in the business of roofing contracting in the City of Sebastian, Florida. (Petitioner's Exhibit 5). Pursuant to the agreement, respondent performed roof repairs on Grant's home. (Testimony of Grant). Respondent failed to obtain a permit to perform such roof repairs in violation of Section 105.1, Standard Building Code, as adopted by the City of Sebastian, Florida in Section 7-16, Article II, Sebastian Code of Ordinances. (Petitioner's Exhibits 6 and 8a and b). On February 19, 1981, respondent submitted a bill in the amount of $800.00 to Grant for the roof repairs. The bill described the work performed and stated that the "work is guaranteed for 1 year." (Petitioner's Exhibit 2; Testimony of Grant). On February 20, 1981, Grant paid respondent, in full, for the described roof repairs. (Petitioner's Exhibit 3). Approximately two weeks after respondent performed the roof repairs, the roof over the rear portion of Grant's home began to leak, again, in the area where it was repaired. (Testimony of Grant). Respondent returned to Grant's home, on two occasions1 after the discovery of continuing leakage in the roof over the rear portion of Grant's home. However, respondent did not perform roof repairs on either occasion. On the first occasion, he merely removed equipment which he had left at Grant's home. (Testimony of Grant). After Grant complained to petitioner Department of Professional Regulation, respondent returned a second time. He inspected the rear portion of Grant's roof, removed two layers of slate from the roof, and tested it by pouring water over it. Although this test revealed that Grant's roof still leaked, Grant made no effort to repair the leakage. (Testimony of Grant). Arthur Mayer, then the Building Official for the City of Sebastian, observed respondent removing the slate from the roof. He instructed respondent that, upon finishing the work, he should go to the Sebastian City Hall and apply for a roofer's license and a permit for the roof repairs already performed on Grant's home. Respondent promised to comply. (Testimony of Mayer). But, despite his promise, he failed to apply for and obtain a license to engage in the business of roofing contracting in the City of Sebastian, Florida. He also failed to apply for and obtain a roof permit, and pay the proper late fees, as required by Section 107.2, Standard Building Code, as adopted by the City of Sebastian, Florida, in Section 7-16, Article II, Sebastian Code of Ordinances. (Testimony of Mayer; Petitioner's Exhibits 6, 8a and c). Grant, eventually, had his roof repaired by another contractor at a cost of $150.00. (Testimony of Grant).
Recommendation Based on the foregoing, it is RECOMMENDED: That respondent's registered roofing contractor's license be revoked. DONE AND ORDERED this 28th day of February, 1983, in Tallahassee, 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 28th day of February, 1983. COPIES FURNISHED: Stephanie A. Daniel, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Jerry E. Smith Route 1, Box 111B Fellsmere, Florida 32948 James Linnan, Executive Director Construction Industry Licensing Board P. O. Box 2 Jacksonville, Florida 32202
Findings Of Fact The Respondent's name is Troy Griffin. The Respondent is now and was at all times relevant to the pending Administrative Complaint, a registered residential contractor in the State of Florida having been issued license number RR 0030688. The Respondent is not now and at no time material to the pending Administrative Complaint was the Respondent a certified or registered roofing contractor in the State of Florida. At all times material to the pending Administrative Complaint, the Respondent's license #RR 0030688 qualified Griffin Remodeling & Repairs, Jacksonville, Florida. In June 1978 the Respondent d/b/a Griffin Remodeling and Repairs contracted to repair the residence of June Moody, Jacksonville, Florida. The contracting work included work upon the Moody's built-up roof, which Respondent re-roofed pursuant to contract. Respondent built up the roof with more than one layer of felt in 1978. These layers were discovered by the city's inspector in 1982. Respondent returned in 1978 and patched the roof he installed. These patches were seen by the city's inspector in 1982. The owner, Moody, did not complain of leaks in 1982. There was no evidence of leaks in 1982. A roof poorly installed without sufficient tar and felt will leak within the time that has passed between 1978 and 1982. See inspector's testimony in response to Hearing Officer's question. Moody's home was a single family, one story residence. No evidence was received regarding whether the City of Jacksonville requires examinations of roofing contractors prior to their certification.
Recommendation Having found that the Respondent did not commit the alleged violations, it is recommended that the Administrative Complaint be dismissed and no action be taken. DONE and ORDERED this 23rd day of August, 1985, in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings The Oakland Buildina 2009 Apalachee Parkway Tallahassee, Florida 32301 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of August, 1985. COPIES FURNISHED: W. Douglas Beason, Esq. Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Troy Griffin 7443 Laura Street Jacksonville, Florida 32202 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 James Linnan, Executive Direetor Department of Professional -I Regulation. Construction Industry Licensing Board P. O. Box 2 Jacksonville, Florida 32202
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
Findings Of Fact The Parties. The Petitioner is an agency of the State of Florida charged with responsibility for regulating and disciplining, among others, licensed registered general contractors in the State of Florida. Section 20.30, and Chapters 120, 455 and 489, Florida Statutes. At all times relevant to this proceeding, the Respondent, Ernest E. Lee, was licensed as a registered general contractor in the State of Florida. Mr. Lee holds license number 0052441. Mr. Lee was registered to do business as an individual. DPR exhibit 1. At no time relevant to this proceeding was Mr. Lee licensed as a roofing contractor. Mr. Lee's First Contract with Mr. and Mrs. Rogero. On or about February 14, 1991, Joyce A. Rogero accepted a proposal dated February 11, 1991 (hereinafter referred to as the "First Contract"), from Mr. Lee for construction management on a building owned by Albert L. and Joyce Rogero. DPR exhibit 3. The Rogero's building is located at 142 King Street, St. Augustine, St. Johns County, Florida (hereinafter referred to as the "Rogero Property"). The Rogero Property was being used as an automobile parts retail shop and jobber's outlet. There was also a mechanic's shop in the rear of the Rogero Property which the Rogero's leased. Pursuant to the First Contract, Mr. Lee was to be paid $150.00 upon acceptance of the proposal and $10.00 per hour for all work performed by Mr. Lee, with a minimum of one hour per work day until the First Contract was fulfilled or cancelled. DPR exhibit 3. On or about February 21, 1991, Mr. Lee filed a Notice of Commencement with the St. Johns County Planning and Building Department concerning the First Contract. In the notice Mr. Lee described the work to be performed as "[r]eplace decayed wood repair roof as necessary." DPR exhibit 5. On or about February 21, 1991, Mr. Lee filed an Application for Building Permit with the City of St. Augustine for the work to be performed on the Rogero Property. DPR exhibit 18. See also DPR exhibit 20. Mr. Lee described the work to be performed as follows: Remove all roof gutters - 2. Remove decayed wood & replace 3. Frame in gable ends - 4. Point up cracks in masonry exterior walls 5. Install new garage door (See plans) On or about March 6, 1991, the City of St. Augustine issued a building permit to Mr. Lee for the Rogero Property. DPR exhibit 19. The only roof work mentioned by Mr. Lee in the permit and permit application was incidental work caused by the demolition of part of the Rogero Property. Work was performed on the Rogero Property pursuant to the First Contract by Mr. Lee and Jim Rogers. For these services, Mr. Lee was paid $848.39 between February 14, 1991 and March 15, 1991. Mr. Rogers was paid $1,432.00 between February 14, 1991 and March 22, 1991. DPR exhibit 4. Work Performed by Jim Rogers. The evidence in this case failed to prove whether Mr. Rogers was an employee of Mr. Lee or was acting as an independent contractor. While Jim Rogers performed work pursuant to the First Contract under the supervision of Mr. Lee, Mr. Rogers was paid directly by the Rogeros for the hours he worked. At all time relevant to this proceeding, Jim Rogers was not licensed to perform construction contracting in the State of Florida. See DPR exhibit 2. Mr. Lee's Second Contract with Mr. and Mrs. Rogero. While performing the work called for by the First Contract, Mr. Lee attempted to repair leaks above a store room in the Rogero Property without much success. The roof did not leak over the mechanic's shop at the time that Mr. Lee was performing the work on the First Contract. During the summer of 1991 the Rogero Property roof still leaked. Upon inquiry by the Rogeros, Mr. Lee informed the Rogeros that the roof would have to be replaced to prevent further leaking. On June 10, 1991, Mr. Lee submitted a proposal to Mr. Rogero for completion of the following work: Install 1 x 4 P.T. purling over existing roof. Install V crimped roofing to purlings. Flash three sides - south - west - east to existing structure. Refill pitch pockets. DPR exhibit 7. Pursuant to this proposal, Mr. Lee offered to construct a metal roof over the existing flat portion of the roof of the Rogero Property. Mr. Lee assured the Rogeros that the metal roof would correct the leaking problem. The June 10, 1991, proposal (hereinafter referred to as the "Second Contract"), which was accepted by the Rogeros, provided for the payment to Mr. Lee of $2,000.00 upon acceptance and $500.00 upon completion of the work. DPR exhibit 7. Mr. Lee did not apply for, or obtain, any permit from the City of St. Augustine for the work to be performed pursuant to the Second Contract. Nor did the permit issued for the First Contract authorize the roof work Mr. Lee was to perform, or that he actually performed, pursuant to the Second Contract. Mr. Lee proceeded to begin construction of a metal roof over the existing flat portion of the roof on the Rogero Property. As work progressed on this portion of the roof, heavy leakage from the roof over the mechanic's garage began for the first time. After leaks in the roof occurred in other parts of the Rogero Property, Mr. Lee suggested that it would be necessary to construct the metal roof over the rest of the roof of the Rogero Property. It was agreed, therefore, that the entire roof of the Rogero Property would be covered by a metal roof. As Mr. Lee began to sheath over the hip portion of the roof of the Rogero's Property, the leakage became worse. The Rogeros paid Mr. Lee a total of $6,000.00 for the work he performed on the roof. DPR exhibit 8. Stop Work Order. Following receipt of a complaint by the City of St. Augustine Building Department from a general contractor about the construction at the Rogero Property, a City of St. Augustine inspector visited the Rogero Property. As a result of this site visit, the City of St. Augustine issued a Stop Work Order for Violation form ordering that construction on the Rogero Property be stopped. DPR exhibit 9. Work was ordered stopped because Mr. Lee had failed to obtain a permit for the "new roof over existing roof." DPR exhibit 9. Following issuance of the work stop order, Michael Griffin, Chief Building Inspector for the City of St. Augustine, became concerned about the appropriateness of the metal roofing material being used by Mr. Lee to re-roof the Rogero Property and the fact that Mr. Lee was not a licensed roofing contractor. The City of St. Augustine building code required that the type of work Mr. Lee was performing be performed by a licensed roofing contractor. The building code also required that metal roofing material for a building such as the Rogero Property be of a minimum gauge of 29. The metal being used by Mr. Lee was 31-32 gauge, a lower, and unacceptable, gauge for such roofing material. On August 2, 1991, Mr. Griffin informed Mr. Lee that the grade of the metal roofing material he was using on the Rogero Property was in violation of the City of St. Augustine's building code. See DPR exhibit 26. Rather than correct the deficiency, Mr. Lee filed an application for a variance from the code's metal roofing material requirements. DPR exhibit 27. As a result of the stop work order, and after being told that the metal roofing material was inadequate and learning that Mr. Lee had requested permission to continue to use the material, the Rogeros terminated Mr. Lee's work on the Rogero Property by letter dated August 15, 1991. DPR exhibit 10. Completion of the Roof on the Rogero Property. Following the termination of Mr. Lee's work on the roof, the Rogeros contacted two licensed roofing contractors. Mr. Lee did not, however, subcontract with a licensed roofing contractor. On August 20, 1991, the Rogeros contracted with Arnett Roofing (hereinafter referred to as the "Arnett Contract"), to remove the roofing material installed by Mr. Lee and to construct a built-up, shingled roof. DPR exhibit 11. The Arnett Contract provided that the Rogeros were to pay $16,000.00 for the agreed work. The Rogeros ultimately paid a total of $20,565.00 to Arnett Roofing for work associated with the roof on the Rogero Property: $1,836.00 for removal of the roof material Mr. Lee had placed on the Rogero Property; and $18,729.00 for the installation of a new roof. See DPR exhibits 12, 13 and 14. The roofing material Mr. Lee placed on the Rogero Property had to be removed. The roof work performed by Mr. Lee suffered from the following deficiencies: The material used on part of the roof (the flat portion) was improper in light of the slope of the roof; The gauge of the metal roofing material used by Mr. Lee was insufficient for the Rogero Property; The flashings were improperly installed and would not prevent leaking; There was a substantial amount of rotten wood underneath portions of the new roof Mr. Lee had already installed. Strips of 1 x 4 wood that Mr. Lee planned to attach the metal roof to had been nailed to areas of the roof with obviously rotten wood. The rotten wood on the Rogero Property should have been noticed and replaced by Mr. Lee. Because of the amount of rotten wood on the roof of the Rogero Property, and Mr. Lee's failure to remove it, the Rogero Property would have been dangerous had Mr. Lee completed his roof work. The roof that Mr. Lee was installing also would not have prevented further leaking. The Rogeros were also required to contract for the services of a general contractor in order to obtain a permit from the City of St. Augustine to complete the roof work and to complete other work which Mr. Lee had begun during the First Contract. The total amount paid for these services by the Rogeros was $3,222.61. See DPR exhibit 15. The evidence failed to prove what portion of this amount was caused by Mr. Lee's improper conduct in performing the Second Contract. Mr. Lee's Code Violations. The City of St. Augustine has adopted, and requires compliance with, the 1988 Standard Building Code. DPR exhibit 21. Section 103 of the 1988 Standard Building Code provides the following: A person, firm or corporation shall not erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure in the applicable jurisdiction, or cause the same to be done, without first obtaining a building permit for such building or structure from the Building Official. DPR exhibit 22. Mr. Lee violated Section 103 of the 1988 Standard Building Code, and, therefore, violated the building code of the City of St. Augustine. Section 706 of the 1988 Standard Building Code adopts the "SBCCI Standard for the Installation of Roof Coverings." DPR exhibit 23. Section 111.1.2 of the SBCCI Standard for the Installation of Roof Coverings provides the following: Galvanized sheet metal shall be 0.0172-inch (29 ga) thick or heavier, .90 oz (total weight both sides) zinc coating per sq. ft. DPR exhibit 24. The metal used by Mr. Lee on the Rogero Property roof did not comply with Section 111.1.2 of the SBCCI Standard for the Installation of Roof Coverings and, therefore, Mr. Lee violated the building code of the City of St. Augustine. Mr. Lee's Reaction to His Dismissal by the Rogeros and the Rogero's Complaint to the Department. In June of 1991, after the Rogeros had filed a complaint with the Department concerning Mr. Lee, Mr. Lee sent a letter to the Rogeros and several building department officials of the City of St. Augustine threatening the following: THIS INSTRUMENT IN PRESENTED PURSUANT TO CHAPTERS 770 AND 836 FLA. STAT. 1989. NOTICE IS HEREBY GIVEN OF MY INTENT TO FILE A COMPLAINT IN THE STATE OF FLORIDA CIRCUIT COURT IN ST. JOHNS COUNTY. THE TIME ACCRUAL PERIOD WILL COMMENCE UPON RECEIPT OF THIS NOTICE. ACTION WILL BE BASED ON THE PUBLICATION OF ITEMS 1, 2, 3, 4, 5 AND 6, CONTAINED HEREIN AND WILL BE RELATED TO THE TORT OF DEFAMATION AS PER CHAPTERS 770 AND 836, FLA. STAT. 19189. DPR exhibit 16. By letter dated August 16, 1991, Mr. Lee requested the following action be taken by the City of St. Augustine: I HAVE LOST CONTROL OF THE CONSTRUCTION ACTIVITIES OCCURRING AT 142 KING ST. I REQUEST THAT YOU ISSUE A STOP WORK ORDER ON ALL ACTIVITIES. DPR exhibit 28. Mr. Lee has made no effort to make restitution to the Rogeros for any damages incurred by them. I. Costs. The Department incurred $4,319.41 in costs associated with the investigation and prosecution of this matter.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received and the entire record compiled herein, the following relevant facts are found. Jesse Bruce, Respondent herein, is a registered roofing contractor and has been issued license No. RC0022948. On September 2, 1981, Respondent entered into a contract to repair a roof at 3684 NW 29th Street, Lauderdale Lakes, Florida, for Ms. Beryl Babb for the sum of $485.00. Respondent admits that he commenced construction under the above-referenced contract without first having obtained a building permit. Respondent was paid in full under the contract by Ms. Babb on September 4, 1981. Pursuant to the terms of the construction contract, Respondent provided for a two-year warranty on the roof repairs. Within an approximate two-month period following the repairs by Respondent, Ms. Babb made repeated phone calls to Respondent's construction company to report complaints that she was having in that the roof and garage appeared to "leak more than it had leaked prior to the repairs." Ms. Babb made at least six telephone calls to Respondent's construction company to no avail. During November, 1981, Ms. Babb filed a civil complaint in small claims court and during January, 1982, Ms. Babb received a judgment against the Respondent for $300.00. 1/ Respondent ahs been a licensed and registered roofing contractor since October, 1974. Respondent acknowledged that he received complaints from Ms. Babb as was testified herein; however, he states that he was busy during the times in which the complaints were made, an further that he did not want to make repairs inasmuch as Ms. Babb had elected to file a civil complaint against him in small claims court. Finally, Respondent acknowledged that he was obliged to return tot he Babb residence to make the repairs inasmuch as the complaints from Ms. Babb came during the two-year period in which the warranty for the roof repairs was in effect.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Respondent be placed on probation for a period of six (6) months. 3/ RECOMMENDED this 3rd day of February, 1983, in Tallahassee, Florida. JAMES E. BRADWELL 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 February, 1983. COPIES FURNISHED: Michael J. Cohen, Esquire Suite 101, Kristin Building 2715 E. Oakland Park Blvd. Ft. Lauderdale, Florida 33306 Jesse Bruce 721 NW 20th Ave. Ft. Lauderdale, Florida 33311 Mr. James Linnan Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32202 Mr. Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is recommended that the Construction Industry Licensing Board issue a written reprimand to respondent Elias Davis for failure to pull a permit on a roofing job. RECOMMENDED this 5th day of April, 1984, in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 5th day of April, 1984.
Findings Of Fact Respondent is Richard K. Willis, a registered roofing contractor licensed by Petitioner and holding license RC-0041275 at all times pertinent to these proceedings. His address of record is Winter Haven, Florida. Respondent and Jeffrey Smith entered into a contract in July of 1986. Under terms of the agreement, Smith, a chiropractor, agreed to pay Respondent the sum of $2,200 to re-roof the facility which served as Smith's home and office. The agreement signed by the parties contains a written guarantee that materials to be used in the project would meet specifications set forth in the document. Further, the guarantee stated that work would be completed in "a workmanlike manner according to standard practices." The project was completed by Respondent and Smith paid him the agreed upon amount of $2,200 in July of 1986. About three weeks after completion of the job, Smith noticed a leak in the roof and telephoned Respondent. Two or three weeks later and after several more telephone calls from Smith, Respondent returned to the job site. By that time, interior damage to the ceiling tiles had been sustained. The tiles became discolored by leaking water and started to collapse. Respondent proceeded to patch the leaking roof with tar. In June of 1987, Smith's facility developed a second leak in the roof over the back portion of the house. Respondent returned, reviewed the problem and agreed to tear off the leaking section of the roof and replace it. As a result of this action by Respondent, the leakage increased. More extensive damage was caused by water leaking down door frames and across the ceiling of the house. Respondent had also promised that he would put a "tarp" over Smith's roof to temporarily stop the leakage until repairs could be effected, but such covering never materialized. After Respondent's second attempt to fix the roof, Smith advised him that the leakage was continuing. Smith then tried several times without success to communicate with Respondent and get him to return to the job site. Finally, after Smith contacted local government building officials, Respondent returned and stopped the leakage. The repairs came too late to prevent ceiling damage which cost Smith $400 to repair. When a third leak developed in the roof in February of 1989, Smith hired another contractor to fix the leak for the sum of $60. Petitioner provided expert testimony which establishes that Respondent demonstrated incompetence in the practice of roof contracting. Further, the work performed by Respondent did not meet the terms of the guarantee he gave to Smith. These conclusions are based on the fact that workmanship provided by Respondent failed to meet standard practices of the industry. Such failure is demonstrated by the irregularity with which surface material was applied to the roof; the lack of sufficient gravel; the lack of uniform distribution of that gravel; missing metal flashing and lifted or separated flashing at the vertical surfaces of the roof; and improper installation of flashing around the plumbing vent exiting through the roof. Respondent's previous disciplinary history with Petitioner consists of an administrative fine of $250 on June 19, 1985, and letter of guidance issued on August 14, 1986.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered finding Respondent in violation of Subsection 489.129(1)(m), Florida Statutes, (1988) and revoking his license as a roofing contractor in accordance with provisions of Rule 21E-17.001, Florida Administrative Code. DONE AND ENTERED this 6th day of April, 1989, in Tallahassee, Leon County, Florida. DON W. DAVIS 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 6th day of April, 1989. APPENDIX The following constitutes my specific rulings, in accordance with Section 120.59, Florida Statutes, on findings of fact submitted by Petitioner. Petitioner's Proposed Findings 1.-17. Addressed in substance. COPIES FURNISHED: Elizabeth R. Alsobrook, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Richard K. Willis 2106 Winter Lake Road Winter Haven, Florida 33880 Fred Seely, Executive Director Construction Industry Licensing Board Department of Professional Regulation Post Office Box 2 Jacksonville, Florida 32201 =================================================================
