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 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.
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
Recommendation Based on the foregoing Findings Of Fact and Conclusions Of Law, it is recommended that the Construction Industry Licensing Board enter a final order finding the Respondent, Larry Dixon, guilty of violating Section 489.129(1)(d), Florida Statutes (1987), by willfully and deliberately violating the locally applicable codes for installation of drip edge and, because of the violation and inadequate supervision, imposing an administrative fine in the amount of $500. RECOMMENDED this 11th day of August, 1988, in Tallahassee, Leon County, Florida. J. LAWRENCE JOHNSTON Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1050 (904) 488-9765 Filed with the Clerk of the Division of Administrative Hearings this 11th day of August, 1988.
The Issue Whether Respondent's contractor license should be disciplined for alleged violations of Chapters 489 and 455, Florida Statutes.
Findings Of Fact Respondent, James Cooper, was at all times material to this action licensed by the State of Florida as a registered roofing contractor, having been issued license number RC0066905. Mr. Cooper's license is currently classified "Inactive, Issued (09/05/97)." Around March 1, 1996, Marshall Moran was contacted by Julia Jones regarding repairs to the leaky roof on her home located at 209 Cresent Drive, DeFuniak Springs Walton County, Florida. Ms. Jones' home was over one hundred years old with a steep metal roof. The roof she wished repaired was over the enclosed sleeping porch of her house. Over the last ten years, she had various contractors attempt to fix the leak in the sleeping porch roof. These attempts occurred, on average, more than one time per year. The leak always returned. Marshall Moran is an unlicensed and unregistered roofing contractor. Mr. Moran has been a roofing contractor since before the licensure requirements for contractors became law. He elected not to become licensed under those statutes. However, he did have the experience and skills necessary to repair Ms. Jones' roof. Marshall Moran discussed the job with Ms. Jones. Mr. Moran recommended the entire section of the roof be rebuilt and described the anticipated repairs. Ms. Jones would not allow the entire section of roof to be repaired. She thought only the small section where the leak was apparent needed repair. Unknown to Ms. Jones and prior to beginning the work, Mr. Moran contacted Respondent to tell him of Ms. Jones' job and to see if Respondent wanted to do the job. Respondent couldn't do the job with his crew but offered to allow Mr. Moran to "work under his license." Respondent was pursuing a large commercial roofing contract around the same time as the events at issue here. He wanted to keep Moran's crew together in order to be able to complete the large commercial job. He held the crew together by enabling Moran to do the construction at Julia Jones' residence in consideration for taking legal responsibility for the Jones' job. Respondent did not hire Mr. Moran as his employee. Respondent knew Mr. Moran was not registered or certified to practice contracting. He also knew Mr. Moran was well qualified to perform the work on the Jones' job. Respondent admits that he knew that he should not pull permits for anyone, but that he did it just this one time in order to keep the crew together. On March 15, 1996, Respondent obtained City of DeFuniak Springs, Florida, building permit number 1379 for the roof repairs to Ms. Jones' residence. On the application for said building permit, Respondent represented himself (doing business as Cooper Roofing and Repair) as the contractor of record on the aforesaid project. Respondent intended to and did eventually take legal responsibility for the Jones' job. However, he did not supervise Mr. Moran or his crew. Additionally, Ms. Jones was never informed of Respondent's involvement. More importantly, Ms. Jones never contracted with Respondent for either Respondent or his company to perform roof repairs on her home. On March 21, 1996, Mr. Moran provided an estimate for repair of the portion of Ms. Jones' roof she felt needed repair. The estimate bears the name of "AAA Metal Works" and "Marshall Moran." AAA Metal Works was Mr. Moran's company. The estimate does not reference either Respondent or his company. The estimated cost to repair Ms. Jones roof was $2,785. Based on the estimate, Ms. Jones entered into a contract with Mr. Moran and AAA Metal Works to perform the repairs to her roof discussed above. Moran and his crew substantially completed the repairs to Ms. Jones' roof in a few days. However, the roof continued to leak after Moran and his crew ended their work. The continuing leak was not due to any incompetence on the part of Respondent or Moran. Ms. Jones paid for the repairs with two checks made out to AAA Metal Works. The checks were in the amounts of $3,500 and $4,350. Respondent did not receive any of the money for the Jones' job. His only expense was the fee for the building permit. All other expenses were paid for by Mr. Moran. At no time during the formation or performance of the contract with Marshall Moran did Julia Jones have any contact with or knowledge of involvement by Respondent. In fact, Respondent only drove by the job site one time. As indicated, the roof continued to leak. Ms. Jones contacted Mr. Moran on approximately 5-6 occasions notifying him of the continued leaks. Mr. Moran would return to Ms. Jones' home and inspect the problems, but was unable to stop the leaks to Jones' satisfaction. It is not clear whether Mr. Moran kept Respondent informed of these continued service calls. Approximately one year after completion of the initial repairs on Ms. Jones' roof, Respondent received a call from Ms. Jones' tenant and friend, Sharon Jenks, who called posing as a potential new client. Ms. Jenks had gotten Respondent's name from the building permit. Ms. Jenks called Respondent because the house was still leaking approximately one year after the repair was done and intervening visits by Marshall Moran had not fixed the problem. Ms. Jenks arranged for Respondent to visit Ms. Jones' home. Respondent did not recognize the house when he arrived and drove past it. When Ms. Jenks showed Respondent the building permit bearing his name, Respondent showed surprise. He returned the next day with Mr. Moran. Respondent, Mr. Moran, Ms. Jenks and Ms. Jones all met regarding the continued leaking. Respondent and Mr. Moran told Ms. Jones that the metal on the roof was "bad" and needed to be replaced to stop the leaks on the "sleeping porch." Understandably, Ms. Jones did not want to deal any further with Mr. Moran or Respondent and would not permit them to make the recommended necessary repairs. Ms. Jones sued both Respondent and Mr. Moran in a civil action styled: Julia R. Jones v. James K. Cooper and Marshall Moran, Case Number 97-0040-CC, in the County Court of the First Judicial Circuit in and for Walton County, Florida. Following a judge trial, a Final Judgment was entered in favor of Respondent and Mr. Moran on December 9, 1997. Mr. Moran was charged with contracting without a license in violation of Section 489.127, Florida Statutes (1995), in State of Florida v. Marshall Moran, Case Number 97-0549-CF, in the Circuit Court of the First Judicial Circuit in and for Walton County, Florida. That charge was dismissed by Circuit Judge Lewis Lindsey on February 3, 1998.
Recommendation Based upon the findings of fact and conclusions of law, it is, RECOMMENDED: That the Board should find Respondent guilty of violating Chapters 489 and 455, Florida Statutes, and impose an administrative fine of $500.00 on Respondent DONE AND ENTERED this 3rd day of August, 1998, in Tallahassee, Leon County, Florida. DIANE CLEAVINGER 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 3rd day of August, 1998. COPIES FURNISHED: John O. Williams, Esquire Maureen L. Holz, Esquire Willams and Holz, P.A. 458 West Tennessee Street Tallahassee, Florida 32301 J. LaDon Dewrell, Esquire 207 Florida Place, Southeast Ft. Walton Beach, Florida 32549 Rodney Hurst, Executive Director Construction Industry Licensing Board Department of Business and Professional Regulation 7960 Arlington Expressway, Suite 300 Jacksonville, Florida 32211-7467 Lynda L. Goodgame, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue The issue in this case is whether the Respondent violated Sections 489.129(1)(j)(m), 489.119, and 489.105(4), Florida Statutes, by failing to reasonably honor his guarantee and, if so, what administrative penalty, if any, should be imposed.
Findings Of Fact At all times relevant to the issues in this case, the Respondent was licensed as a registered roofing contractor by the Construction Industry Licensing Board and held license number RC-0043386. In March of 1983, the Respondent entered into a contract in his capacity as a registered roofing contractor to reroof a house owned by Willard S. Seidel located at 150 N.E. 102nd Street, North Miami Beach, Florida. The work under the contract was to be done by Bradley Roofing Company, a company for which the Respondent was the qualifying agent. The contract contemplated the reroofing of the entire house, including the main roof, the Florida room roof, and the garage roof. The contract price was $4,240.00, which was paid in full. The contract included a ten-year guarantee provision reading as follows: "COMPANY'S GUARANTEE: The Company guarantees its material and workmanship for ten (10) years. It will replace faulty material or faulty workmanship within the period of the guarantee free of charge." The work on the Seidel residence was performed during the latter part of March and the first part of April of 1983. Within a month or so, the garage roof began to leak. The Respondent was promptly advised of the leak. Over a period of several months, the Respondent or employees of his company made several unsuccessful efforts to fix the leaks in the garage roof. Finally, in October of 1983, the Respondent was successful in stopping the leaks in the garage roof. In September of 1987, the roof over the main portion of the house began to leak in the living room area, and the roof over the Florida room began to leak. These leaks were promptly reported to the Respondent. From September of 1987 through December of 1988, the Respondent or employees of his company made several unsuccessful efforts to fix the leaks in the living room and the Florida room. These efforts included replacing the entire roof on the Florida room. The construction of the roof on the Florida room was such that after the Respondent had finished all of his efforts at repairing that portion of the roof, the roof would still hold approximately three-fourths of an inch of water after a rain. The type of roof over the Florida room was not one intended to hold water. Good roofing practice required that the slope of that portion of the roof be modified or that a different type of roof covering material be used. All of the Respondent's repair efforts from September of 1987 through December of 1988 were unsuccessful. After all of those efforts, the roof over the main portion of the house still leaked in the vicinity of the living room and the roof over the Florida room still leaked. A competent roofing contractor would have been able to repair the roof so that it did not leak. The Respondent's inability to repair the leaks after numerous efforts and keep the roof free from leaks during the guarantee period constitutes incompetence. In April of 1989, the owner of the house contracted with another roof contractor to repair the leaks in the roof. The second contractor was able to successfully repair the leaks in the roof on the main part of the house as well as the leaks in the roof over the Florida room. The cost of these successful repairs totaled $1,680.00 The Respondent has been previously disciplined by the Construction Industry Licensing Board for violations of Section 489.129(1), Florida Statutes.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Construction Industry Licensing Board issue a final order in this case to the following effect: Dismissing the charge that the Respondent has violated Section 489.129(1)(j), Florida Statutes. Concluding that the Respondent is guilty of having violated Section 489.129(1)(m), Florida Statutes, by reason of incompetency in the practice of contracting. Imposing an administrative penalty consisting of a fine in the amount of $2,000.00, and a suspension of the Respondent's license for a period of one year. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 31st day of July 1989. MICHAEL M. PARRISH 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 31st day of July, 1989. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-5216 The following are my specific rulings on all proposed findings of fact submitted by all parties. Findings proposed by Petitioner: Paragraphs 1 through 14: Accepted in substance with some details omitted as unnecessary. Paragraph 15: Rejected as irrelevant because the Respondent is not charged with any building code violations. Paragraphs 15 through 19: Accepted in substance with some details omitted as unnecessary. Paragraphs 20 and 21: Rejected as subordinate and unnecessary details. Paragraph 22: Accepted in substance. Paragraph 23: First sentence rejected as irrelevant to issues in this case. Remainder of this paragraph accepted in substance. Paragraphs 24 through 26: Accepted in substance. Paragraph 27: Rejected as irrelevant because Respondent was not charged with failure to remove rotten wood. Paragraph 28: Rejected because not supported by clear and convincing evidence. Paragraph 29: Accepted. Findings proposed by Respondent: (None) COPIES FURNISHED: Carolyn Kellman, Esquire William S. Berk, Esquire Adorno, Zeder, Allen, Yoss, Bloomberg & Goodkind, P.A. 3225 Aviation Avenue Suite 400 Miami, Florida 33133 Robert Bradley 5810 N.W. 30th Avenue Miami, Florida 33142 Fred Seely, Executive Director Construction Licensing Board Post Office Box 2 Jacksonville, Florida 32201 Kenneth E. Easley, Esquire Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0792
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 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 =================================================================
Findings Of Fact At all times material to these proceedings, the Respondent LARRY DAVID COMES, was licensed by the State of Florida as a registered specialty contractor and held license number RX00400762. Mr. Comes is the qualifying agent for D & L Enterprises. At all times material to these proceedings, the Respondent CHARLES J. GOREE was licensed by the State of Florida as a certified general contractor and held license number CG C007621. Mr. Goree is the qualifying agent for CJC Incorporated. In the beginning of the year 1985, the Island Village Association decided to reroof all six buildings located in the condominium project. At the time of the decision, all of the roofs were leaking. The existing roofs had been repaired and patched numerous times since the condominiums were built in 1973. On February 27, 1985, the Respondents COMES and GOREE submitted a joint proposal to the association to remove the existing built-up roof, apply a Neoprene/Hypalon roof, and remove and reshingle the mansard roof for $19,865.00. On April 15, 1985, a written contract was entered into between Island Village Condominium Association and David L. Comes, d/b/a D & L Enterprises, as contractor for the reroofing of Building "C." The Contract required the contractor to furnish all materials and labor to remove the existing built-up roof. Rotten wood on the deck was to be replaced on a time and materials basis. Damaged scuppers were to be replaced and other scuppers were to be cleaned out by the contractor. The Neoprene/Hypalon system would then be applied to the flat roof and the parapet walls. The mansard roof was to be removed and reshingled. Although Charles J. Goree, d/b/a CJC Incorporated, was not named in the contract, the omission was an oversight. At all times during the course of the reroofing project, the Respondent GOREE was responsible for the removal of the existing built-up roof and the application of new shingles to the mansard roof. The Respondent COMES was responsible for the application of the Neoprene/Hypalon roofing system. The reroofing project was a joint undertaking in which Respondents GOREE and COMES exercised equal authority, joint control, or right of control. The Respondents had a community of interest in the performance of the contract with the association. Respondents GOREE and COMES were familiar with what was required of each of them under the verbal joint venture agreement as they had conducted business in the same manner over an extended period of time on several projects. On May 10, 1985, Respondent GOREE applied for and received a building permit for the reroofing of Building "C" at Island Condominiums. During the removal of the built-up roof, GOREE observed "an absolute mess and disaster." The roof had been patched in various ways on numerous occasions. GOREE observed a few "T nails" in a piece of metal stripping picked up with shovels on the roof. The "T nails" discovered were the type which are shot into materials from a nail gun. (See GOREE Exhibit #2) They are not used to secure plywood on a deck because of their short length. Another "T nail," such as GOREE's Exhibit 2, was found by GOREE lying on the area of the roof by the air conditioners. This area of the existing roof was not removed or disturbed during the reroofing process. In the application of his common sense and knowledge of good construction practices and in light of the material in which the "T nails' were located, Respondent GOREE was not put on notice that these "T nails" may have been used to fasten the plywood decking. The type of "T nail" which was used upon plywood roof decking a few years ago in Florida was longer, thicker, and shaped like an elongated wedge. (See GOREE Exhibit 4) None of the "T nails" formerly used for plywood decking were observed by GOREE on the roof. Once the built-up roof was removed, Respondent COMES acted within the terms of the joint venture agreement by applying the Neoprene/Hypalon roofing system in full compliance with the specifications as set forth in the contract with Island Village Condominium Association. During the application of the system, COMES and his crew did not observe any conditions on the plywood decking which would alert them to the possibility of any future problems with the system. On May 17, 1985, Mr. Jim Peaks, an Inspector for Brevard County, completed a "dry in" inspection of the roof on Building "C" which had been requested by Respondent GOREE. Mr. Peaks placed a stop order on the project because the Neoprene/Hypalon roofing system was not an approved product under the Southern Building Code which he believed was in effect in Brevard County on May 14, 1985. In actuality, the 1982 Standard Building Code was in effect at the time. Upon receipt of the stop order, Respondents COMES and GOREE went to the building department and met with Murray Schmidt, Mr. Peaks' supervisor. Mr. Schmidt had the authority to override Mr. Peaks' stop order. Mr. Schmidt, who was new to the county and his position, discussed the stop order with the Inspector. Mr. Peaks refused to remove his stop order because of the lack of code compliance. Mr. Schmidt verbally allowed the Respondents GORE and COMES to continue to work on the roof. Mr. Peaks was told to investigate the roofing system with the Southern Building Code Conference in Birmingham, Alabama. The Respondents were not notified again as to the status of the stop order, one way or the other. Because the Respondents had been told to continue the work on the roof by Mr. Schmidt, who had the authority to override stop orders, the Respondents reasonably assumed that a stop order was no longer in effect. In fact, the permit had the notation "See Murray" on it after the stop order notation. Upon completion of the project, Respondent COMES contacted the building department and requested a final inspection. In the usual course of dealing between contractors and the building department in Brevard County, a contractor is notified only if there is a problem with the project which needs correction before final approval. Neither COMES or GOREE received notification of a problem. Another recognized, usual course of dealing between a contractor and the building department is that the department notifies an owner or the contractor if a six month permit has expired and a final inspection has not been completed. GOREE was not notified of any permit expiration in this case. Again, the Respondents were given the impression by the inactivity in the building department that business was being conducted in the usual manner. The Respondents believed, based upon past and ongoing dealings with the department, that all of their obligations had been met on the reroofing project. On May 28, 1985, the final payment was received from Island Village Condominium Association and a limited warranty was issued in both Respondents' company names, pursuant to the contract with the association. Shortly after completing the job on Building "C," Respondent COMES was called to repair leaks in the new roof. COMES responded promptly and courteously, and placed the blame for the leakage on various factors such as: (1) The short "T" fasteners had begun popping through the Neoprene/Hypalon and destroyed its ability to prevent water penetration. (2) The roof had an inadequate drain system. (3) The plywood deck was bowed in a concave fashion due to the years of improper weight and excess water on the roof. During a meeting with the board of directors of the association requested by COMES, COMES offered to put on a new roof if the board would install sump pumps to remove standing water. The board rejected COMES offer and authorized the condominium property manager to seek other solutions. The Respondents were not contacted by the board again concerning alternative solutions to the problem. In June of 1986, Mr. Rex Lahr, the condominium property manager, began a review of the roof situation. After consulting with Mr. Tom Butler of the county building department, Mr. Lahr decided that an architect needed to be retained by the association to determine whether a structural deficiency or the new roofing system caused the leaks in the roof. An architect was not hired by the association. A traditional, built- up roof was applied over the Neoprene/Hypalon roofing system. In the application of the new roof, the drainage system was redone and the flat roof was given pitch, thereby redesigning the roof as well. Mr. Robert B. Hilson, who was tendered as an expert witness in the case, opined that the Respondents COMES and GOREE failed to properly determine whether the roof deck was in a condition to accept the Neoprene/Hypalon system. Mr. Robert H. Adams, who was tendered as an expert witness in the case, opined that the leaks which developed soon after the application of the Neoprene/Hypalon system indicated that the deck was not in a condition to accept the system. Although there is some basis in fact for the opinions rendered by the two experts, their opinions must be rejected for the following reasons: (1) The experts did not personally observe the building, nor was a determination made which would exclude the possibility that the roofing system failed as a result of structural or design defects. (2) There is ample evidence in the case to support a finding that the leaks were caused by structural or design defects, as well as latent defects not readily observable to the Respondents at the time the roofing system was applied, and outside the terms of the reroofing contract. Some examples of evidence which support a finding that the leaks were caused by structural or design defects are: (1) Mrs. Delores Hammels' testimony that all six buildings had to be reroofed as they all leaked periodically throughout their 12 years of existence; (2) the redesign of the drainage system and the placement of a pitch on the roof by Mr. Roush; (3) the testimony and sketch submitted by Respondent GOREE (GOREE Exhibit #5) which shows that an identical building with a pitch on the roof allows the drainage system, including the internal hidden piping system, to work correctly. The effective redesign of the roof by Mr. Roush confirms this theory as much as, or more than, Mr. Robert H. Adams' theory that the deck was not in a condition to accept the Neoprene/Hypalon system.
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.
