Findings Of Fact Bruce A. Williams, Respondent, is the holder of a registered roofing contractor's license from the Florida Construction Industry Licensing Board. The license number is CC C020246. Respondent is vice president of Dean Roofing and Sheet Metal, Inc. (The Dean Company), Post Office Box 2077, Clearwater, Florida. By proposal submitted March 31, 1983, and accepted by Marshall Kent on April 1, 1983, the Dean Company contracted to remove the existing roof on Kent's residence and replace same at a price of $8,600 (Exhibit 1). The work was supposed to start April 11, 1983 and be completed on April 15, 1983. This contract was signed on behalf of Dean Company by Bruce A. Williams, Respondent, as vice president of Dean Company and by Marshall Kent. Kent is an experienced residential contractor who acknowledged having built approximately 2,000 homes. While removing the existing roof, Dean Company workers found the 30-year old house had three plys of roofing applied since the house was constructed and to remove this thick roof heavier equipment that normal was required. Kent's residence had a tectum roof decking which consists of a metallic-fiber substance which has a long life and serves as inside ceiling and outside roof decking over which built up roofing is applied. While removing the existing roof the tectum deck was fractured and Kent ordered Dean Company workers off the Job. By letter dated April 18, 1983 (Exhibit 6) Respondent advised Kent that the cost of replacing the damaged tectum would be borne by the Dean Company and it was necessary to get on with the project before additional damage was done through the areas of roof exposed by removal of the original roof. Upon seeing Exhibit 6, K. A. Williams, president of Dean Company and father of the Respondent, concluded that the problems may have been exacerbated by a personality conflict between Respondent and Kent, and turned the job over to R. L. MacMurry, another vice president at Dean Company, who had considerable experience in the roofing business. By letter dated Apri1 19, 1983 (Exhibit 7) MacMurry, on behalf of Dean Company, advised Kent that since he questioned their ability to properly install the new decking to replace the damaged decking they would employ the services of a general contractor to replace the damaged tectum, and if the replaced tectum did not match the original tectum they would have the entire ceiling painted. Kent denies receiving this letter. Kent refused these offers and by letter dated April 21, 1983 "Exhibit 8) R. A. Williams pointed out that Kent's refusal to allow Dean Company to immediately complete the roofing work in progress could lead to serious damage from water intrusion and that such damage would be Kent's responsibility. On Friday, April 29, 1983 a meeting was held between the Kents, Williams and MacMurry at which Dean Company -agreed to immediately recommence roof work, bring in a general contractor to replace the damaged decking and complete the contract. Kent demurred until the agreement was reduced to writing, preferably by an attorney. Kent prepared an endorsement on Exhibit 9 in which responsibility for the repairs was, in Kent's opinion, shifted to the general contractor. This endorsement was accepted by the parties on May 3, 1983. The residence was reroofed in accordance with the latter agreement and Kent never advised Dean Company that all work was not satisfactorily completed. Dean Company provided Kent with a five (5) year Roofing Guarantee (Exhibit 11) dated May 10, 1983, which was forwarded to Kent by letter dated May 11, 1983 (Exhibit 10) with an invoice for the total owed on the job (Exhibit 14). Kent responded with letter dated May 17, 1983 (Exhibit 23) contending he was not whole, the job was not. complete and the guarantee was a joke. Kent considered the Roofing Guarantee suspect because it was a form used by the Midwest Roofing Contractor's Association. Shortly after this time Kent was hospitalized for psychiatric treatment and upon his release from the hospital in August 1983 he found that a mechanic's lien had been placed on his property by Dean Company. He also found what he believed to be leaks into the ceiling of a bedroom but made no complaint to Dean Company. Kent then hired a roofer, Chuck Goldsmith, to inspect the work done on his roof. When Goldsmith tried to negotiate the dispute between Kent and Dean Company, Kent fired him. Kent then hired William A. Cox, an architect and roofing consultant, to inspect the roof and advise what needed to be done. Cox inspected the roof in late October 1983 and submitted a list of discrepancies he recommended for correction. In one place he was able to insert a knife blade between the Fla. roof and the vertical wall against which the roof abuts which indicated no sheathing had been installed. Expert witnesses opined that without metal sheathing the roof would have leaked within six to eighteen months and the roof could never have been intact for the 30 years the house had been built without sheathing at such a joint. The vertical side of the original flashing would have been under the stucco at this point and there was no evidence that the stucco was disturbed when the new roof was first installed by Dean Company. New flashing was subsequently installed by Dean Company at this juncture but no one testified respecting the flashing observed or not present when this new roof was removed to insert the new flashing. Failure to insert flashing at such a juncture of horizontal roof and vertical wall would constitute a violation of the Standard Building Code. The report Cox gave to Kent was not made known to Dean until January 1984. By letter dated August 21, 1984 (Exhibit 13) Clark and Logan advised K. A. Williams that they would do all of the work listed in the Cox report on the Kent residence. This work was done in August 1984. Kent contends the leak continued in his bedroom after the work was completed but he never relayed this information to either Clark and Logan or to Dean Company. He has yet to pay one penny for the work done on his roof. Kent considered Clark and Logan to be the prime contractor on the job at the time the August 1984 work was done. Kent further testified that following that work Clark and Logan abandoned the job and he also filed a complaint against that general contractor. Since April 1983 following the damage to the tectum decking, Respondent, Bruce Williams, has had no responsibility for, and did no supervision of, the reroofing of Kent's residence. When the roof was inspected by the Pinellas County Building Inspector he found the workmanship done on this job only slightly below standard. At one place-on the roof Cox found the lower section of flashing overlapped the upper section of flashing which would have permitted water to enter under the flashing. This was a mistake but not an uncommon one for roofers to make. When pointed out to Dean Company the situation was promptly corrected.
The Issue Whether Respondent's activity and conduct in the performance of a roofing contract constitutes abandonment of that contract in violation of Section 489.129(1)(k), Florida Statutes (1979), and whether Respondent willfully or deliberately violated the Volusia County Building Code, thereby contravening Section 489.129(1)(d), Florida Statutes (1979), by failing to obtain a building permit prior to commencing construction of the subject project. Based upon my observation of the witnesses and their demeanor while testifying, the arguments of counsel and Respondent, the Petitioner's proposed recommended order and the entire record compiled herein, I hereby make the following:
Findings Of Fact By its Administrative Complaint signed October 21, 1981, Petitioner, Florida Construction Industry Licensing Board, seeks to take disciplinary action against Respondent and against his license as a registered roofing contractor. Respondent, Leonard L. Clark, is a registered roofing contractor who holds License No. RC 0020933 which has been issued by Petitioner. Respondent does business under the entity Clark Roofing. On January 15, 1981, Respondent entered into a contract with one Mae Coogan, to reroof her residence. The contract specifically required Respondent to "replace any bad wood," and provide a ten (10) year workmanship warranty. (Petitioner's Exhibit No. 1.) Additionally, Respondent agreed to install a 1 x 2 inch strip and a brown aluminum facia at an extra cost of $200.00. (Petitioner's Exhibit No. 1 and testimony of John Coogan.) Mrs. Mae Coogan is an elderly woman and is incapacitated. Her son, John Coogan, who lives with her in her residence, advised her during the negotiations of the subject contract, and testified as a witness in the proceedings herein. Respondent and John Coogan's testimony establishes that construction on the subject project commenced on February 10, 1981, and ceased on March 28, 1981. At that time, based upon Respondent's representation that the job was complete, Mr. Coogan paid Respondent the entire $2,500.00 due under the terms of the contract. Shortly thereafter, Mr. Coogan discovered evidence of "bad" or "rotten wood." Mr. Coogan immediately apprised Respondent of this, whereupon Respondent initially told him that he would be back to the job site to take care of any problems that existed with the reroofing project. There is conflicting evidence as to whether or not there was a subsequent telephone conversation between Respondent and Mr. Coogan following a letter which Respondent found offensive. Respondent claims that there was such a conversation and that the parties became angry at each other. At that juncture, the parties were unable to resolve their differences. Efforts by the parties to resolve their differences reached a stalemate, and Respondent did not again visit the project site or otherwise inspect the claimed damaged by Mr. Coogan. Mr. Coogan, to substantiate his claim that there was in fact rotten or bad wood left exposed in the overhang, rafters and beams surrounding the roof, introduced several photographs which depicted the condition of the wood on the roof. (Petitioner's Composite Exhibit No. 3.) Respecting the fact that there was rotten wood, as claimed by Mr. Coogan, in the rafters and overhang, Respondent admitted the existence thereof. There is also a question about the possibility of rotten wood being covered by Respondent's employees and not replaced as required by the contract. The particular area in question is a portion of a flat roof which sagged in several places. Mr. Coogan claims that he had been advised that this was due to rotten wood underneath the shingles in an area in which he specifically claims to have asked Respondent to allow him to inspect the exposed-wood surface prior to the time in which it was covered with asphalt shingles. Respondent's workers covered this area of the roof without permitting Mr. Coogan the opportunity to inspect it. Mr. Coogan testified that the roof continued to sag in the identical places where it sagged prior to the reroofing. In this regard, Respondent admits that he might have agreed to allow Mr. Coogan an opportunity to inspect the exposed roof once the shingles were removed and prior to the time that he recovered (reroofed) the flat roof. Respondent further testified that this was not due to any effort on his part to conceal or otherwise hide rotten wood and, in fact, he claimed to have covered or replaced any bad or rotten wood. In this regard, Mr. Coogan noticed at least four water leaks from his roof prior to the time that Respondent reroofed his mother's house; however, he testified, on cross-examination, that he has not seen any leaks since Respondent has completed the subject project. Bob McConnell, Volusia County Building Inspector for approximately five years, inspected the roofing job completed by Respondent for Mrs. Coogan on July 28, 1981. Mr. McConnell found that the roofing job did not comply with the contract in the following regards: The 1 x 2 inch strip beneath the brown aluminum facia, called for as an extra, was not installed; There was visible rot in the sheathing; A short hip (rafter) was replaced with unsound wood; and A rafter tail had visible rot. In this regard, Mr. McConnell, while also reporting that there were soft spots in the built-up roof, could not testify with certainty that they were the result of wood rot. Respondent testified that he has tried to contact Mr. Coogan on several occasions to correct any claimed deficiency. Respondent stands, at this time, willing to correct any deficiency that exists or to correct any problem which stems from his deviation from the contract. In this regard, Respondent has offered, and no offers, to remove the shingles from the entire roof and allow for it to be inspected by Respondent or any designated roofing contractor whom Coogan or Petitioner selects. Respondent will replace any "bad" or "rotten" wood which he has been claimed to have covered. However, Respondent expects to be paid for reroofing this job in the event that in an inspection reveals that no "bad" or "rotten" wood was covered as Mr. Coogan and Petitioner claim. Inspector McConnell has known Respondent in excess of twenty-five (25) years and is unaware of any claim that Respondent has performed any unworkmanlike or "shoddy" roofing repairs. Finally, in this connection, Respondent introduced letters from three (3) area builders who attested to Respondent's excellent workmanship. (Respondent's Composite Exhibit No. 3.)
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 two (2) years and that the term of probation be suspended for a period of sixty (60) days, during which time Respondent shall be allowed an opportunity to return to the Coogan residence and replace any existing exposed "rotten" or "bad" wood which should have been replaced pursuant to the terms of the contract. In the event that the Respondent properly completes the replacement of the rotten or damaged wood on this project, following an inspection by one of Petitioner's agents, it is further RECOMMENDED: That the entire term of the probation be suspended. In the event that Respondent fails to properly complete this project, following an inspection by one of Petitioner's agents, it is further RECOMMENDED: That the entire term of probation be instituted without the necessity of further hearing. RECOMMENDED this 11th day of August, 1982, 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 11th day of August, 1982.
Findings Of Fact At all times material hereto, Respondent has been a registered roofing contractor in Miami, Florida, having been issued license no. RC 0047352. Respondent is the qualifying agent for All Central Roofing, Inc. In May 1986 All Central Roofing, Inc., entered into a contract with Richard Crisonino to perform certain roofing work on Crisonino's residence in Miami, Florida. The contract price was $3,374. All Central Roofing, Inc., thereafter began the roofing work on Crisonino's residence without obtaining a permit for that work from the local building department and without posting a permit on the job site. All Central Roofing, Inc., failed to obtain the required inspections by the local building department. After completing part of the work involved and after receiving substantial payment under the contract, All Central Roofing Company, Inc., ceased work on the Crisonino residence and failed or refused to complete the work, thereby abandoning the job. By her own admissions at the final hearing in this cause, Respondent does not possess a working knowledge of roofing or roofing contracting. She lacks even a basic fundamental understanding of roofing construction to the extent that it is impossible that she is fulfilling any of her responsibilities as a qualifying agent for All Central Roofing, Inc. Further, Respondent does not even know the number of employees working for All Central Roofing, Inc. Respondent has been disciplined by the Dade County Construction Trades Qualifying Board, and Respondent's personal and business certificates have been revoked by that Board.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED that a Final Order be entered finding Respondent guilty of the allegations contained in the Administrative Complaint filed against her and revoking Respondent's registered roofing contractor license. DONE and RECOMMENDED this 14th day of December, 1987, at Tallahassee, Florida. LINDA M. RIGOT, 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 14th day of December, 1987. COPIES FURNISHED: Fred Seely, Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201 G. Vincent Soto, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Harry E. Geissinger, Esquire 415 West 51st Place, Suite 201 Hialeah, Florida 33012 Tom Gallagher, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
The Issue Whether Respondent committed the offenses described in the Administrative Complaint? If so, what disciplinary action should be taken against him?
Findings Of Fact Respondent is a roofing contractor licensed to practice in the State of Florida. Since January, 1982, he has been the qualifying agent for Tropical Clima-Coat Inc. (Tropical). On September 21, 1983, Tropical entered into a written contract with Bertha Guerry and her husband Joseph, in which it agreed, for $2,449.10, to perform the following roofing work on the Guerrys' residence, which was located at 2185 S.W. 38th Street in Fort Lauderdale, Florida: Remove loose gravel and dirt from existing roof surface/flat deck. Apply Tropical Clima-Coat's resin- based cement to fill holes and cracks in the roof surface. Apply acrylic primer to provide maximum adhesion for acrylic waterproofing. Apply acrylic waterproofing, creating a uniform, bonded, elastomeric, watertight surface. Apply White Acrylic Roof Finish as a durable, mildew-resistant wear barrier. The contract further provided that the Guerrys were to receive a "5 year, 100% warranty against leaks." The work specified in the contract was completed on October 31, 1983, and the Guerrys thereupon paid Tropical in full. Tropical, in turn, gave the Guerrys a written warranty signed by its Vice-President, which provided, in part, as follows: If within 5 years after Tropical Clima- Coat applies its Roof System to your roof, a leak develops because of the failure of our roofing system,* we will repair it free. * Damage excluded from warranty: Tropical Clima-Coat shall not be liable for any leaks or damage caused by riots or vandalism, termites or other insects, penetration of the roof or waterproofing system by nails; nor shall Tropical Clima-Coat be liable for leaks or damage caused by acts of God, including but not limited to: lightening, gale, hurricane, tornado, hailstorm, flood, earthquake, or unusual phenomena of the elements; nor from damage to roof due to settlement, distortion, dry rot, failure or cracking of the roof deck, walls, partitions, or foundation of the structure; nor defects or failure of materials used as a roof base, over which our waterproofing system is applied; nor by biological growth, traffic upon the roof or any similar cause. The warranty also contained the following provision prescribing the time and manner in which claims under the warranty had to be made: The owner of the roof will notify Tropical Clima-Coat immediately by certified mail, at its main office (3746 N.W. 16th Street, Ft. Lauderdale, Florida 33311) of any leaks alleged to result from causes not excluded from coverage by this warranty. Such notification must be mailed within 30 days of discovery of the need for repairs, and all correspondence must include the above Certificate Number. In June, 1986, Mrs. Guerry noticed that there was a leak in her roof above the living room. She telephoned Tropical and requested that it repair the leak in accordance with the warranty she and her husband had been given. Tropical responded promptly to Mrs. Guerry's request. It sent one of its workers to the Guerry residence and he patched the leak. Arrangements were made for the worker to return to the Guerry residence and pressure clean the roof. Pursuant to these arrangements, the worker came back to the residence and pressure cleaned the roof as he had promised. It took him two hours to complete the task. Following the pressure cleaning of the roof, Mrs. Guerry discovered that there were now leaks in the roof above the kitchen. Having made this discovery, she again telephoned Tropical and requested that it repair these newly-discovered leaks. As it had done in response to her previous telephonic request, Tropical dispatched a worker to the Guerry residence, albeit not as promptly as on the prior occasion. The worker applied black ceramic granules to the surface of the roof in an attempt to alleviate the problem. The Guerrys now had a black roof instead of the white roof for which they had contracted. Mrs. Guerry again telephoned Tropical and complained about the new color of her roof. Tropical responded by having a worker go to the Guerry residence and spray paint the roof white. The paint, however, did not adhere well to the granular material on the roof. Furthermore, Mrs. Guerry observed new leaks in the roof. On September 8, 1986, she telephoned Tropical to advise it of these recent developments. Respondent visited the Guerry residence the next day. He told Mrs. Guerry that Tropical intended to remove the granules and recoat the roof with an asphalt material imbedded with a polyester fabric for greater strength to prevent against leaks. He further assured her that, upon completion of the repair work, the roof would be white. On September 15, 1986, a crew of Tropical workers were on the Guerrys' roof with approximately 80 to 100 gallons of asphalt when a sudden, unexpected heavy rainstorm interrupted their work. The rainwater mixed with the asphalt and created "black goo," some of which fell from the roof onto the sides of the house, the porch, the driveway, the sidewalks, the grass, the bushes, and the trees. Tropical had its workers endeavor to clean up the mess that the rainstorm had created. They used mineral spirits in an attempt to remove the hardened remains of the "black goo" from the porch, the driveway and the sidewalks and swept the residue onto the grass, bushes and trees. In so doing, they contaminated the soil and killed the vegetation. Respondent was responsible for the decision to use mineral spirits in the cleanup effort. He did not realize, as he should have, that the use of this substance would result in environmental damage. The cleanup progressed slowly. Frustrated by the lack of substantial progress, Mrs. Guerry telephoned Respondent and demanded that he go to her home and do something about the situation. Respondent did not believe that his presence at the home would help matters any and he told Mrs. Guerry so. Nonetheless, on September 17, 1986, he paid his final visit to the Guerry residence. During his visit, Respondent met with Mrs. Guerry for approximately an hour and a half. Mrs. Guerry expressed to Respondent her outrage concerning the situation. Respondent recognized that Mrs. Guerry had a right to be annoyed and that Tropical needed to take action to remedy her plight. He wrote down on a piece of paper the following things that Tropical would do for the Guerrys: FIX ROOF LOOSEN SOIL W/RAKE 4. REMOVE "STICKINESS" FROM DRIVEWAY AND SIDEWALK 3. REMOVE BLACK FROM CHATTAHOOCHEE (STAINS WILL REMAIN) REMOVE "STICKINESS" FROM CHATTAHOOCHEE REMOVE STICKINESS FROM DECORATIVE WALL (STAINS WILL REMAIN) REMOVE STICKINESS FROM SIDEWALKING STONES REMOVE BLACK FROM CHAT @ BACK DOOR SOD- TO BE DETERMINED LATER Respondent indicated he would sign this document and he asked Mrs. Guerry to do the same to acknowledge their understanding and agreement as to the remedial action Tropical was to take. Mrs. Guerry refused. Nonetheless, the cleanup effort continued. Mrs. Guerry, however, did not permit Tropical to continue its repair work on the roof. Concerned about the damage that had been done to the vegetation on her property, Mrs. Guerry contacted a horticultural consultant, Robert G. Haelhle. Haelhle surveyed the property on September 18, 1986. Following his survey he wrote a letter to the Guerrys advising them of the following: On September 18, 1986, I visited the Guerry property at Mrs. Guerry's request. The landscape plantings are in real trouble due to a mineral spirits spill. Mineral spirits and water were used to clean up roofing tar that washed off the roof after a heavy rainstorm. The kerosene [sic] and water mixture washed over the lawn, around the base of a West Indian Cherry tree (very rare), an arborvitae, and a 165 foot Ixora hedge on the east and west sides of the house. The Ixora hedge is over 7 feet tall and 30 years old and would not be replaceable. The mineral spirits/water mix will poison the soil and eventually could affect the water table. All affected soil will have to be removed from the area before any new planting can be accomplished. The West Indian Cherry was starting to yellow and the grass was dying at the time of my visit. Time is of the essence to preserve the remaining plantings. The kerosene [sic]/water mix poisons the root system of the plants and does not allow for normal water penetration. I am not optimistic about the remaining plantings. I contacted Jane McCarthy of the Environmental Quality Board, tel: 765- 5881. She was to send an inspector to assess the soil damage at the site. Neither Tropical nor Respondent replaced the "plantings" that had been damaged or destroyed as a result of the cleanup effort. On September 22, 1989, Mrs. Guerry telephoned Respondent. She reiterated that she did not want any work done on the roof until she had an independent expert inspect it and provide her with guidance. That same day, Edward T. Weiner, a licensed architect hired by the Guerrys, inspected their roof. Based on his observations of the condition of the roof, it was Weiner's opinion that the repair work done by Tropical was unacceptable and that a new roof needed to be installed. He so advised the Guerrys by letter dated September 29, 1986. The Guerrys also hired an attorney, Craig W. Lekach, to furnish them legal advice and representation concerning their dealings with Tropical. On September 23, 1986, Lekach telephoned Respondent and instructed him to "get busy" with the repair work that needed to be done. The following day, Respondent telephoned Mrs. Guerry and told her that he was anxious to complete the repair work on her roof. Mrs. Guerry took the opportunity to again express her displeasure with the work Tropical had done. She also indicated that she had yet to hear from Weiner regarding his assessment of the condition of the roof. That same day, September 24, 1986, Respondent received word that a Broward County Environmental Compliance Officer had inspected the Guerrys' property and determined that mineral spirits used in the cleanup effort had contaminated soil on the property. Respondent was further informed that the excavation of the contaminated soil would remedy the situation. Having received permission from the Guerrys' attorney to proceed with the repair work, Respondent sent a crew to the Guerry residence on September 25, 1986, to vent the roof. Mrs. Guerry, however, did not allow the workers to install the vents. Another telephone conversation between Mrs. Guerry and Respondent ensued. Respondent reiterated that it was his desire to finish the work that needed to be done on the roof. Mrs. Guerry, in turn, indicated that she would not let Tropical continue its work on the roof until she had Weiner's report in hand and had the opportunity to further discuss the matter with her attorney, her son and others with whom she had consulted. The conversation ended with Respondent telling Mrs. Guerry that he would be waiting to hear from her. On September 26, 1989, Respondent wrote a letter to Attorney Lekach in which he complained that Mrs. Guerry was interfering with Tropical's efforts to make her whole. The letter read, in part, as follows: We do carry casualty insurance and I feel it may be best to supply you with the name and address of our agent and allow him to coordinate with Mrs. Guerry's homeowners agent. Truly, this situation is considered an "act of God" and I do not believe that we can adequately communicate with the customer as she is in such an excited state we now find her implacable. We would be glad to install the proper roof vents and do the final painting of her roof if she will permit us. If she will not, then we must close the file and direct her to our insurance company. This is really unfortunate! Sound roofing practices were utilized; we were careful to watch the weather and, although we had a sudden cloudburst, we did stay around to try to clean up. We have not been negligent and we have spent considerable time and money to resolve the situation. Please advise at your earliest convenience. Respondent next heard from Lekach on October 9, 1986. Later that same day, pursuant to Lekach's request, Respondent met with Lekach and discussed "the problems at the Guerry residence." The following day, Lekach sent Respondent a letter memorializing the highlights of their discussion. The letter provided, in part, as follows: You will be permitted access to the Guerry property for the following purposes: Inspection of the roof, cleaning of the yard which will include replacement of sod as necessary, replacement of topsoil as necessary, and removal of tar. The performance of the above shall neither be construed as an admission of liability on your part, nor an acceptance of this work as being satisfactory or complete. I agree, however, that it is imperative that steps be taken immediately to mitigate the damage. Further we will both be doing the following: obtain information about repair methods and costs for chattahoochee surface. obtain information about repair methods for the "staining" problem on walls and patio so that the area can be painted. review proposals for correction or replacement of roof, if necessary. There is going to have to be a certain amount of good faith between you and Mrs. Guerry if this situation is to be resolved without litigation. Accordingly, we are now permitting you access to the property in the hope that you will also attend to the other matters set forth above. Mrs. Guerry has been hesitant to accept a partial resolution of this problem without your commitment to complete all of the repairs and this is the reason that the cleanup was delayed in some respects. Hopefully, we will be able to work towards resolving all aspects of the damage. On October 11, 1986, Respondent dispatched a crew to the Guerry property to perform the excavation work that was necessary to remove the soil that had been contaminated by the mineral spirits used in the cleanup effort. On this occasion, the workers were given access to the property for this purpose and they removed and replaced the contaminated soil. On October 13, 1986, Tropical sent a crew to the Guerry property to inspect their roof. Mrs. Guerry would not permit the Tropical workers to enter the premises. She indicated that she would not allow the workers on her property to inspect or repair the roof until she had heard from all those with whom she had consulted regarding the matter. Having been denied access to the property by Mrs. Guerry, the workers left without performing their inspection. At no time thereafter did the Guerrys directly contact Tropical and request that the workers return to the residence to finish the repair of the roof. In the absence of any such direct communication from the Guerrys, Tropical did not attempt to do any further repair work on the roof after October 13, 1986. On October 6, 1986, the Broward County Environmental Quality Control Board had issued a notice of violation citing Tropical with discharg[ing] a substance (mineral spirits) to ground." A hearing on the charge was held before the Board on November 7, 1986. Respondent appeared on behalf of Tropical at the hearing. He admitted that Tropical was guilty of discharging a pollutant, to wit: mineral spirits, into the soil, although he explained that the violation was a product of ignorance on his part regarding the qualities of mineral spirits. Based on this admission of guilt, the Board imposed a $500.00 fine, which was subsequently paid by Respondent. In late 1986, the Guerrys filed with the Department of Professional Regulation a complaint against Respondent. An investigation of the complaint was conducted, following which an initial determination was made that there was "presently no probable cause to find that [Respondent] violated the contractor disciplinary statutes." Respondent was notified of this determination by letter dated May 14, 1987. This determination of no probable cause was subsequently reversed. On January 11, 1989, an administrative complaint was filed by the Department charging Respondent with wrongdoing in connection with the work performed on the Guerry home. The Guerrys no longer own the home. The property was purchased by Broward County in furtherance of the County's airport expansion project. Respondent has previously been disciplined by the Construction Industry Licensing Board. In early 1987, Respondent was fined $500.00 for failing to obtain a permit as required by local law. In March, 1988, he was fined $1,500.00 for failing to call for all required inspections. In August, 1988, he was fined $500.00 for proceeding without a required permit, failing to obtain all required inspections, failing to reasonably honor a guarantee, and displaying gross negligence, incompetence or misconduct.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Construction Industry Licensing Board enter a final order (1) finding Respondent guilty of gross negligence and incompetence, in violation of Section 489.129(1)(j) and (m), Florida Statutes, in connection with his supervision of the cleanup of the Guerry residence; (2) suspending Respondent's license for six months and imposing a fine of $1500 for said violation; and (3) dismissing the remaining charges against Respondent that are set forth in the instant Administrative Complaint. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 17th day of November, 1989. STUART M. LERNER 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 11th day of November, 1989.
Findings Of Fact At all times material hereto Respondent has been a registered roofing contractor in the State of Florida, having been issued license number RC- 0042963. At no time material hereto did Respondent's license qualify "Energy Plus Roofing" with Petitioner. Notice of the final hearing herein was provided to Respondent at his last known address of record in Bradenton, Florida, as shown on his Election of Rights form. The notice was not returned by the post office as "undeliverable" or for any other reason. In April, 1988 Respondent entered into a contract to perform certain roofing work for John Beede at a contract price of $1,610. Respondent executed this contract on behalf of Energy Plus Roofing, and provided a ten year warranty on workmanship and materials. Beede paid the full contract price to Respondent for work performed, but Respondent failed to correct leaks in Beede's Florida room. In fact, after the job Beede had additional leaks in his Florida room. Respondent failed to respond to several calls from Beede for further corrective work under the ten year warranty. Finally, Beede had to have a "roof over" constructed to correct the leaks in his Florida room at an additional cost of $4,000. Respondent did not obtain any permit from Manatee County for the work he performed for Beede, although Manatee County requires contractors to obtain permits for such jobs in excess of $200. Additionally, Respondent did not register "Energy Plus Roofing" with Manatee County, although Manatee County does require such registration. In March, 1986 Respondent entered into a contract with Marie Allen for roof repair on her mobile home in Ruskin, Hillsborough County, Florida. Allen did not have any leaks in her roof at the time, but she was simply seeking preventive maintenance. Respondent contracted with Allen on behalf of Energy Plus Roofing to pressure clean her roof and "apply energy plus roof system to (her) existing roof" for a contract price of $1,000. Respondent provided a ten year warranty on workmanship and materials. After Respondent's crew pressure cleaned her roof, Allen began experiencing leaks, and she presently continues to have four leaks which she did not have before work was performed by Respondent. She has tried repeatedly to contact Respondent under the warranty, but has been unsuccessful. Respondent is not registered in Hillsbourough County, and he did not obtain any permits for the Allen job. Hillsborough County requires contractors to be registered and to obtain permits for jobs such as he performed on Allen's roof. The only name on Respondent's license is his own individual name, Emanuel Fred Mosley.
Recommendation Based upon the foregoing, it is recommended that Petitioner enter a Final Order suspending Respondent's registration for a period of one (1) year and imposing an administrative fine of $1,000 upon Respondent. DONE AND ENTERED this 4th day of May, 1987 in Tallahassee, Florida. DONALD D. CONN 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 4th day of May, 1987. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-0442 Rulings on Petitioner's Proposed Findings of Fact: Adopted in Finding of Fact 1. Adopted in Finding of Fact 2. 3-8 Adopted in Finding of Fact 4. 9 Adopted in Finding of Fact 5. 10-14 Adopted in Finding of Fact 6. 15-16 Adopted in Finding of Fact 7. COPIES FURNISHED: W. Douglas Beason, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, FL 32399-0750 Emanuel Mosley 5707 5th Street East Bradenton, FL 33507 Fred Seely Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, FL 32201 Van Poole, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, FL 32399-0750 Joseph A. Sole General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, FL 32399-0750
The Issue The issues in Case No. 07-4376PL are whether Respondent violated Subsections 489.129(1)(i), 489.119(2), 489.126(2)(a), and 489.129(1)(j), (m), and (o), Florida Statutes (2004),1 and, if so, what discipline should be imposed. The issues in Case No. 07-4377PL are whether Respondent violated Subsections 489.1425(1), and 489.129(1)(i) and (o), Florida Statutes, and, if so, what discipline should be imposed.
Findings Of Fact Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165 and Chapters 455 and 489, Florida Statutes. Mr. Roach is, and was at all times material to this action, a certified roofing contractor in the State of Florida having been issued License No. CCC1326005. Mr. Roach's Certified Roofing Contractor License No. CCC1326005 is current and active. Mr. Roach's current addresses of record are Post Office Box 345, Orange Springs, Florida, and 22204 U.S. Highway 301, Hawthorne, Florida. At all times material to this action, Mr. Roach was a licensed qualifier for All Florida Roofing Contractors, Inc. (All Florida). There is evidence in the record sufficient to establish that Mr. Roach has been previously disciplined for a violation under Chapter 489, Florida Statutes. Notably, Mr. Roach has been previously disciplined for, among other things, violations of Subsections 489.129(1)(m) and (o), Florida Statutes. Case No. 07-4376PL Mr. Roach failed to obtain a Certificate of Authority for All Florida, as required by Subsection 489.119(2), Florida Statutes. On or about August 23, 2004, Mr. Pang contracted with Mr. Roach, to remove and replace the hurricane-damaged roof of his hotel property located at 1620 West Vine Street, Kissimmee, Florida. The contract price for the aforementioned project was $40,000.00. Mr. Pang made an initial payment of $2,250.00 on August 22, 2004, and another payment of $20,000.00 on August 23, 2004. As part of the contract, All Florida was required to pull the building permits for the project, and Mr. Roach failed to do this. Mr. Roach commenced work on the project on or about September 7, 2004. On or about late September 2004, he ceased work on the project, and the project remained unfinished. Mr. Pang paid All Florida an additional $10,000.00 on September 16, 2004. On October 1, 2004, the City of Kissimmee issued a Notice of Violation against Mr. Pang for failure to have a building permit for the work that had been performed by Mr. Roach on the roof. Mr. Roach scheduled repairs on the project, but did not return to the project. Mr. Roach did not have any inspections performed on the roof. Later, another contractor hired by Mr. Pang finished the roofing project at a cost of an additional $32,975.00. Case No. 07-4377PL On or about September 15, 2004, Ms. Perez contracted with Mr. Roach to repair roof damage to her residence at 1502 Golden Poppy Court, Orlando, Florida. The contract price for the aforementioned project was $7,268.32, of which Mr. Roach was paid $3,634.16 on September 18, 2004. The contract entered into between Ms. Perez and Mr. Roach failed to inform the homeowner of the Construction Industry Recovery Fund. On or about October 27, 2004, the Orange County Building Department issued Mr. Roach a permit for the aforementioned project (Permit No. T04018050). Mr. Roach did not have any inspections performed on the roof. On September 25, 2004, Ms. Perez paid $3,614.16 to All Florida, which was the remaining amount of the contract. Another contractor was hired by Ms Perez to correct deficient aspects of Mr. Roach's work on the roof at a cost of $900.00.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered whose outcome is the following: That in Case No. 07-4376PL Respondent violated Subsections 489.129(1)(i), (j), (m) and (o), Florida Statutes; Dismiss Count II of the Administrative Complaint in Case No. 07-4376PL; In Case No. 07-4376PL, imposing an administrative fine of $1,000.00 for the violation of Subsection 489.129(1)(i), Florida Statutes; imposing an administrative fine of $5,000.00 for the violation of Subsection 489.129(1)(j), Florida Statutes; imposing an administrative fine of $2,500 for the violation of Subsection 489.129(1)(o), Florida Statutes; no administrative fine is recommended for the violation of 489.129(1)(m), Florida Statutes, because the violation is included in the violations of Subsections 489.129(1)(j) and (o), Florida Statutes; That in Case No. 07-4377PL, Respondent violated Subsections 489.129(1)(i) and (o), Florida Statutes; In Case No. 07-4377PL, imposing an administrative fine of $1,000 for the violation of Subsection 489.129(1)(i), Florida Statutes; imposing an administrative fine of $2,500 for the violation of Subsection 489.129(1)(o), Florida Statutes; Requiring Respondent to make Restitution to Mr. and Mrs. Pang in the amount of $25,000; Requiring Respondent to make Restitution to Ms. Perez in the amount of $900; and Revoking Respondent's contractor license. DONE AND ENTERED this 31st day of March, 2008, 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 31st day of March, 2008.
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 Whether Respondent committed the offenses alleged in the Administrative Complaint and, if so, the penalties that should be imposed.
Findings Of Fact At all times relevant to this proceeding, Respondent has been licensed by the Petitioner as a roofing contractor, having been issued license number CCC 57995 by the Florida Construction Industry Licensing Board. At all times relevant to this proceeding, Respondent was the qualifier for and did business as “Victor’s Roofing Co., Inc. of the Fla. Keys” (Victor’s Roofing). At all times relevant to this proceeding, Mr. Johnson was an owner of property located at 3214 Harriet Avenue, Key West, Florida (the subject property). Mr. Johnson lives in Hollywood, Florida. The subject property is rental property. Respondent and his company are not licensed to do drywall work in Key West, Florida, and they are not licensed with Petitioner other than as a roofing contractor. ROOFING WORK On November 3, 2008, Respondent, on behalf of Victor’s Roofing, entered into a contract with Mr. Johnson to re-roof the subject property. The proposal submitted by Respondent to Mr. Johnson contained Victor’s Roofing’s full corporate name; its office address in Marathon, Florida; two telephone numbers; and a fax number. The proposal was signed by Respondent. The proposal described in some detail the scope of the work. The price of the work was $7,000.00. Mr. Johnson accepted the proposal. Victor’s Roofing completed the roofing job to Mr. Johnson’s satisfaction. A leak developed after the roof was completed and Victor’s Roofing promptly repaired the leak to Mr. Johnson’s satisfaction. Petitioner’s Administrative Complaint alleged that Victor’s Roofing had failed to obtain a permit for the roofing job on the subject property and that it had failed to obtain required inspections. Those allegations were the result of an error by Petitioner’s investigator. Ms. Del Rio obtained records from the City of Key West Building Department for the wrong address. Instead of obtaining the permit history for the subject property (3214 Harriet Avenue) she requested and obtained the permit history for 3314 Harriet Avenue. Respondent applied for a permit for the roofing job on the subject property on November 11, 2006, and he obtained an inspection of the roof on November 27, 2007 [sic]. There was insufficient evidence to establish that any other permit or any other inspection was required for the roofing work. DRYWALL WORK After the roofing job had been completed (but before the inspection on November 27, 2007),2 Mr. Johnson informed Respondent by telephone that he needed someone to replace drywall that had been damaged during the period of time the subject property’s roof leaked. Mr. Johnson asked Respondent whether he knew anyone who could do the job. Respondent replied in the affirmative and told Mr. Johnson he would have someone contact him about doing the work.3 Thereafter, Respondent’s brother, Early Harris, contacted Mr. Johnson and the two of them verbally agreed on a price of $4,000. At the time Respondent put Early Harris in touch with Mr. Johnson, Respondent knew that Early Harris was not licensed to do drywall work in Key West. After giving Mr. Johnson’s telephone number to Early Harris, Respondent had no further involvement with the drywall work on the subject property. The price of the drywall work escalated to $9,000.00 after the work began. On November 25, 2006, Early Harris and Mr. Johnson signed a written proposal agreeing to the price of $9,000.00.4 This was a form proposal with the following: Victor’s Roofing Co., Inc. 2nd Generation Serving South Florida Licensed & Insured Marathon, Fla. The only telephone number on the proposal other than Mr. Johnson’s, was the number for Early Harris’ cell phone. The contract signed by Respondent on November 3, 2006, for the roofing work was on a different form and utilized a different font than the contract signed by Early Harris on November 25, 2006. The name of the corporation on the proposal for the drywall work, while similar to the name of Respondent’s company, was different. Early Harris has worked for Respondent’s business for several years, but there was no clear and convincing evidence that Early Harris had the authority to contract on behalf of Respondent’s business in November 2006. There was no evidence that Early Harris is a part owner of Respondent’s business or that he is an officer or director of Respondent’s business. Respondent testified, credibly, that Early Harris was not authorized to contract on behalf of Respondent’s business at the times relevant to this proceeding. There was no clear and convincing evidence to refute Respondent’s assertion that Earl Harris had no authority to contract on behalf of Respondent’s business. Early Harris did the drywall work on the subject property. Mr. Johnson paid Early Harris $9,000.00 for the drywall work. Mr. Johnson could not find the check(s) he wrote for the drywall work and, consequently the check(s) were unavailable as an exhibit. His recollection as to the name of the payee of the check(s) was not clear. Respondent testified, credibly, that neither he nor his business received any of the money for the drywall work. The drywall work Early Harris did was not to Mr. Johnson’s satisfaction. Mr. Johnson had to pay $600.00 to a drywall contractor for corrective work. In addition, Mr. Johnson had to pay $600.00 for a permit to have the repair work done.5 The total investigative costs of this case to Petitioner, excluding costs associated with any attorney’s time, was $191.16.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Department of Business and Professional Regulation, Construction Industry Licensing Board, enter a final order finding Respondent not guilty of the violations alleged in Counts I, II, and III of the Administrative Complaint. DONE AND ENTERED this 14th day of January, 2010, 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 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 14th day of January, 2010.
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
Findings Of Fact At all times material hereto, Respondent Robert F. Copenhaver was holder of a registered general contractor's license number RG 0013968 issued by the State of Florida. At all times material hereto, Respondent qualified Southwest Building and Development Corporation with the Construction Industry Licensing Board. See Petitioner's Exhibit #1. At all times material herein, neither Respondent nor Southwest Roofing and Waterproofing, Inc., were registered or certified as a roofing contractor with the Board. See Petitioner's Exhibit #1. At all times material herein, Respondent was the holder of a Class C building contractor's license and a specialty limited roof-coating and spraying license, both issued by Sarasota County. See Transcript of Proceedings, page Said license was limited to work done to cosmetically improve a roof. Any work done to repair leaks required a standard roofing license. Respondent and Don Cogswell incorporated Southwest Roofing and Waterproofing, Inc. (SRWI), under the laws of the State of Florida on January 10, 1980. See Petitioner's Exhibit #5. All work done by SRWI was done under the Sarasota special roofing contractor qualification. Respondent was president of the corporation until December 15, 1980, at which time he resigned and transferred all his stock to Cogswell. See Petitioner's Exhibit #6. On February 14, 1980, SRWI contracted with A. T. Esslinger to completely waterproof a roof at 816 Idlewild Way, Sarasota, Florida. See Petitioner's Exhibit #2. The only warranty referenced in the contract was a separate standard warranty to be delivered at the time of final payment. See Petitioner's Exhibit #3A. Respondent gave the Esslingers a letter (Petitioner's Exhibit #3B) in which SRWI guaranteed to stop the leaks in their roof. This letter referenced SRWI's standard warranty. To waterproof the roof, gravel was removed from the existing roof and a cement-like surface applied to the roof. On June 4, 1980, SRWI contracted with Earl Mowry to waterproof a roof at 5339 Gulf Drive, Holmes Beach, Bradenton, Florida, in accordance with specifications originally attached to the contract but not introduced at hearing. See Petitioner's Exhibit #4. To waterproof the roof, a concrete material was applied to the existing roof. On June 25, 1980, SRWI contracted with Maynard Howe to waterproof a roof over the family room in accordance with attached specifications at 2271 Mill Terrace, Sarasota, Florida. The only warranty given was the separate standard warranty to be delivered at the time of final payment. See Petitioner's Exhibits #7A and #7B. To waterproof the roof, a concrete material was applied to the existing roof. All of these contracts provided that SRWI would apply MARKEM Elastic Waterproofing material so that said roof areas were completely covered and free of all leaks. See Petitioner's Exhibits #9A, #9B and #9C for data concerning MARKEM. After the work was completed, each of the roofs in question leaked. When Respondent was contacted after he had left SRWI, he advised each of the persons that he had left the company and could not assist them. Respondent referred them back to SRWI, MARKEM or the company who became the MARKEM distributors in the area. None of the persons obtained relief from SRWI, the Respondent, MARKEM or MARKEM's new distributor. See Transcript of proceedings, pages 16, 25, 34. Howe sued SRWI and served Respondent with suit papers. In response, Respondent sent Howe a notarized document (Petitioner's Exhibit #6), which states that as of December 15, 1980, Respondent had resigned as president of SRWI and had transferred all of his stock to Don Cogswell. On October 14, 1980, SRWI contracted with Catherine Gilligan to waterproof her roof at 4819 Graywood Lane Meadows, Sarasota, Florida. See Petitioner's Exhibit #12. Gilligan paid SRWI $174 as partial payment on this contract. SRWI never did any work pursuant to the contract. Gilligan called SRWI, but to her knowledge never spoke to the Respondent concerning when SRWI was to start the job. Gilligan waited for one month, then called SRWI every day for three weeks. In the fourth week, SRWI's telephone was disconnected. This date reasonably coincides with the date Respondent resigned, December 15, 1980. No evidence was received of disciplinary action against SRWI or the Respondent by Sarasota County.
Recommendation Having found Respondent Robert W. Copenhaver guilty of violating Section 489.129(1)(j), Florida Statutes, it is recommended that the Construction Industry Licensing Board suspend the registration of Respondent as a general contractor for one year. DONE and RECOMMENDED this 21st day of December, 1982, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 21st day of December, 1982. COPIES FURNISHED: Stephanie A. Daniel, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Mr. Robert W. Copenhaver 2409 34th Street, West Bradenton, Florida 33505 Samuel R. Shorstein, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 K. Linnan, Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201 =================================================================
