Findings Of Fact On August 11, 1983, petitioner, Department of Professional Regulation, Florida Construction Industry Licensing Board, issued an administrative complaint alleging that respondent, Maynard S. Moss, was a registered roofing contractor and had violated various provisions of Chapter 489, Florida Statutes, while performing four roofing jobs pursuant to contracts entered into in February, March and May, 1980, and March, 1983, respectively. According to documents on file with the official custodian of petitioner's records and introduced into evidence, respondent made application for registration as a roofing contractor with petitioner on April 25, 1974. On October 28, 1976, he filed a registration change of status application with the Department to qualify M & W Roofing, Inc. The records also reflect that his license number RC 0020412 for the year expiring June 30, 1977 was cancelled by the Department on an undisclosed date. There is no evidence that he was issued a license thereafter which was effective in 1980 or 1983.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that all charges against respondent be DISMISSED. DONE and RECOMMENDED this 9th day of November, 1983, in Tallahassee, Florida. DONALD R. ALEXANDER 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 9th day of November, 1983. COPIES FURNISHED: Stephanie A. Daniel, Esquire 130 N. Monroe Street Tallahassee, Florida 32301 Sam E. Murrell, Jr., Esquire Post Office Box 1748 Orlando, Florida 32602 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Mr. J. K. Linnan Executive Director Florida Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201
Findings Of Fact Jurisdiction findings Petitioner is the state agency charged with regulating licenses for roofing contractors in the State of Florida. At all times material to the allegations of these cases, Respondent held two licenses; he was a certified roofing contractor, license no. CC CO55580, and a registered roofing contractor, license no. RC 0060386. Respondent filed an application to qualify the company, D.S.S. & Sons, Inc., as a licensed roofing contractor; however, he failed to complete all documents necessary for licensure, and his application was closed for lack of response effective August 3, 1993. Respondent's address of record with the Department is 821 SW Dwyer Street, Port St. Lucie, Florida 34983. D.S.S. & Sons, Inc. is not now, nor has it ever been, licensed to perform roofing construction by the State of Florida. Facts common to all consumers On or about August 24, 1992, Hurricane Andrew struck Dade County, Florida, resulting in damage to hundreds of roofs. Roof repair or total replacement following the storm was not uncommon. Due to the large amount of damage, and the demand for roofing materials created by the volume of work to be performed, some contractors had difficulty obtaining roofing supplies. Additionally, some contractors had difficulty hiring qualified labor to perform the extensive roofing that was in great demand. The problems with obtaining materials and labor, however, were short term in that most roofing contractors made arrangements to bring in supplies and staff from other areas. In fact, by the time the work was to be performed in connection with these cases, the problems which had plagued the Dade County contractors were subsiding. Additionally, at all times material to these cases, the weather would not have been a factor to justify the delays complained of by these consumers. Rainy weather did not cause any prolonged work delays after the storm. Findings as to Helmly Charles Helmly resides at 11985 SW 98th Lane, Miami, Florida. His home was damaged by Hurricane Andrew and required roof replacement. Mr. Helmly contracted with Respondent to re-roof his home for the sum of $17,940.00. The contract was signed by Respondent's salesman, Felix Fowler, and identified D.S.S. & Sons, Inc. doing business as Darryl Saibic, Roofing Contractor as the licensed entity. Mr. Helmly paid an initial deposit of $5,382.00 in order for the Respondent to begin work on the project. The next payment, an additional $5,382.00, was to be due at the "dry in" stage of the job, with the final payment (the balance) due on completion. One of the contract provisions Mr. Helmly insisted upon was a completion deadline to be stated in the contract. He was expecting visitors and he was anxious to have the home re-roofed before their arrival. He insisted that a guaranteed completion date of March 7, 1993 be noted on the face of the contract. Mr. Helmly complied with all requirements of the payment schedule outlined by the contract. In fact, he remitted $10,764.00 even though the roof had not been at the "dry in" stage. Between January and February, 1993, the Respondent removed the old roof, installed a base sheet, and nailed a single ply roof membrane to the roof. After February, 1993, the Respondent failed to timely complete the Helmly roof. The value of the work performed by Respondent on the Helmly roof was no more than $3,588.00. The Respondent did not respond to numerous telephone calls and letters from Helmly, and threatened to place a lien on the Helmly property when Mr. Helmly attempted to cancel the contract in May, 1993. Mr. Helmly went to the Dade County Building Department and complained about roof leaks in June, 1993 (Respondent had still not done any further work). On or about June 4, 1993, Respondent sent a crew to the Helmly property to repair the roof. The repairs caused the roof to leak more. Respondent did not refund Mr. Helmly's money, did not complete the roof, and showed a gross indifference to the plight which resulted when he failed to timely complete the project. In July, 1993, desperate to have his roof completed, Mr. Helmly offered to purchase the tiles himself if Respondent would have a crew come install the new roof. Respondent agreed to have a crew install the tile within ten days of its arrival. On September 17, 1993, Mr. Helmly took delivery of the new tile, paid for it in full (a cost of $4,803.00) and notified the Respondent so that the installation could begin. Respondent never returned to complete the re-roofing. He failed to honor his verbal agreement to install the tiles. By letter dated October 1, 1993, Respondent offered to reimburse Helmly for the overage if he would hire another contractor to complete the job. On October 19, 1993, Mr. Helmly hired a new contractor who completed the installation of the new roof in early November, 1993. Approximately eight months after the deadline on Respondent's contract, Mr. Helmly had his new roof. Extra expenses totalling $2,936.21 were paid by Mr. Helmly as a result of the Respondent's abandonment of this job. Findings as to Gurdian On January 14, 1993, the Gurdians contracted with Respondent through his agent, Ed Comstock, to repair the roof on their home located at 13301 SW 110 Terrace, Miami, Florida. The contract was executed as D.S.S. and Sons, Inc. d/b/a Darryl S. Saibic, Roofing Contractor and called for a total payment of $7,725.00 for the work to be done. The Gurdians made a deposit of $2,300.00 on January 14, 1993 by check made payable to D.S.S. and Sons, Inc. and received a partial release of lien. On February 8, 1993, the Respondent pulled a permit for the Gurdian home but never called for inspections on this project. In February, 1993, all the tiles were removed from the roof and roofing paper was installed. On March 1, 1993, the Gurdians made a second payment of $2,300.00 by check made payable to D.S.S. and Sons, Inc. and received another partial release of lien. The Respondent did not timely complete the Gurdian roof. From June through November, 1993, Respondent sent the Gurdians unsigned notices claiming he would return to their job but did not do so. Numerous excuses were offered as to why the project was not completed; however, none of these had merit. The Gurdians waited until April, 1994 hoping the Respondent would return and complete the work. They drove to Respondent's office and left a message seeking assistance. Finally, Respondent recommended a company called CTI to complete the roof work for the Gurdians. When contacted, CTI told the Gurdians it would cost $7,600.00 to complete their job for which they, not Respondent, would be responsible. The Gurdians then attempted to notify the Respondent at his address of record by certified mail of their continuing problems but the letter was returned to them unopened. In June, 1994, the Gurdians hired another company to finish their roof which was finally complete and passed inspections on July 26, 1994. The Gurdians were required to pay a total of $13,475.00 to have their roof replaced because the Respondent failed to perform under the original contract. Due to the Respondent's abandonment and indifference in connection with this project, the Gurdians were damaged in an amount not less than $4,200.00. The value of the work performed by Respondent on the Gurdians' roof did not exceed $1,545.00. Respondent has not refunded any of the funds paid by the Gurdians. Findings of fact as to Vila Marta Vila resides at 11116 SW 133 Place, Miami, Florida 33186. Like the others discussed above, the Vila home was damaged and required a new roof. On January 13, 1993, Vila signed a contract with Ed Comstock acting on behalf of D.S.S. and Sons, Inc., doing business as Darryl S. Saibic, Roofing Contractor, to have her roof repaired for a total contract price of $7,200.00. A down payment of $2,160.00 made payable to the company was made at that time. On February 8, 1993, Respondent pulled a permit to re-roof the Vila home. On February 15, 1993, Vila paid an additional $2,160.00 to Respondent. At that time Respondent removed the tiles from the Vila roof and installed one layer of roofing paper over the roof decking. Despite representations from Respondent that new tiles would be delivered in approximately three to four weeks, the Respondent did not install a new roof on the Vila home. In February and March, 1993, the roof was patched three times to stop leaks but no substantive work was performed to install new tiles. Respondent did not return to the Vila home despite numerous requests from the homeowner for the work to be completed. In June, 1993, Respondent represented that the Vila job might be completed if the tiles were sent out COD. When Vila attempted to verify that information, she was told she had paid enough to not have that concern. However, no tiles were ever delivered to her home. In August, 1993, Vila, after Respondent failed to return telephone calls, wrote to Respondent and demanded a refund. She has not received one. Vila ended up paying $7,754.00 to another contractor to have her roof replaced. The value of the work performed by Respondent on the Vila project did not exceed $1,440.00 yet he has failed or otherwise refused to refund the difference between that amount and what she paid. Vila has suffered monetary damages in an amount not less than $4,800.00 as a result of Respondent's abandonment of this project. Findings of fact as to Bermudez Mr. and Mrs. Bermudez reside at 8335 SW 147th Place, Miami, Florida. On November 30, 1992, they signed a contract with Respondent in the amount of $6,400.00 to correct extensive leakage on both floors of the Bermudez home. Mrs. Bermudez gave a deposit in the amount of $1,860.00 and was told that the repairs would begin in two weeks and be completed in approximately five weeks. In December 1992, and January, 1993, the Respondent performed some minor patching but no significant work was undertaken to repair the Bermudez home. In January, 1993, Respondent pulled a permit to replace the Bermudez roof. Within a week of the permit, Respondent sent an unsigned form letter to the Bermudez advising them that there would be delays. In February and March, 1993, the Respondent's crew stripped the old tile off the Bermudez home and installed batten and roofing paper over the decking. Mrs. Bermudez made deposits totalling $3,720.00 to Respondent in connection with this contract. Despite numerous requests from Mrs. Bermudez, Respondent did not complete the roof. In July, 1993, Respondent sent a crew to the Bermudez home in connection with a leak but the repair did not resolve the problems and did not substantively finish the roof. As with the other cases, between July and November, 1993, Respondent sent numerous unsigned form letters to Mrs. Bermudez offering false or ridiculous excuses for why the project had not been completed. In January, 1994, Mrs. Bermudez filed a formal complaint against Respondent but he never completed the job nor refunded the deposits. Between March and July, 1994, Respondent represented he would complete the Bermudez job but did not do so. The Bermudez roof was not completed until December 13, 1994. As a result of Respondent's incompetence, inability, or refusal to complete the Bermudez roof, the family lived with a leaking roof for approximately two years and incurred unnecessary expenses. Respondent showed a gross indifference to the plight of the Bermudez family. Respondent could not have timely completed the projects described above during the period July, 1993 to July, 1994, as his workers compensation had expired. The numerous promises to perform the contracts as originally agreed were meaningless.
Recommendation Based on the foregoing, it is, hereby, RECOMMENDED: That the Department of Business and Professional Regulation, Construction Industry Licensing Board enter a final order revoking Respondent's licenses, requiring Respondent to make full restitution to the consumers in these cases before being entitled to seek new licensure, imposing an administrative fine in the amount of $10,000, and assessing costs of investigation and prosecution of these cases as set forth in the affidavits filed in this cause. DONE AND RECOMMENDED this 25th day of October, 1995, in Tallahassee, Leon County, Florida. JOYOUS D. PARRISH 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 25th day of October, 1995. APPENDIX TO RECOMMENDED ORDER, CASE NOS. 95-1079, 95-1080, 95-1081, 95-1082 Rulings on the proposed findings of fact submitted by the Petitioner: 1. Paragraphs 1 through 155 are accepted. Rulings on the proposed findings of fact submitted by the Respondent: 1. None submitted. COPIES FURNISHED: Elizabeth Masters Senior Attorney Department of Business and Professional Regulation 7960 Arlington Expressway, Suite 230 Jacksonville, Florida 32211 Darryl Saibic 821 S.W. Dwyer Road Port St. Lucie, Florida 34983 Richard Hickok Executive Director Department of Business and Professional Regulation Construction Industry Licensing 7960 Arlington Expressway, Suite 300 Jacksonville, Florida 32211-7467 Lynda L. Goodgame General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact The Respondent's name is Troy Griffin. The Respondent is now and was at all times relevant to the pending Administrative Complaint, a registered residential contractor in the State of Florida having been issued license number RR 0030688. The Respondent is not now and at no time material to the pending Administrative Complaint was the Respondent a certified or registered roofing contractor in the State of Florida. At all times material to the pending Administrative Complaint, the Respondent's license #RR 0030688 qualified Griffin Remodeling & Repairs, Jacksonville, Florida. In June 1978 the Respondent d/b/a Griffin Remodeling and Repairs contracted to repair the residence of June Moody, Jacksonville, Florida. The contracting work included work upon the Moody's built-up roof, which Respondent re-roofed pursuant to contract. Respondent built up the roof with more than one layer of felt in 1978. These layers were discovered by the city's inspector in 1982. Respondent returned in 1978 and patched the roof he installed. These patches were seen by the city's inspector in 1982. The owner, Moody, did not complain of leaks in 1982. There was no evidence of leaks in 1982. A roof poorly installed without sufficient tar and felt will leak within the time that has passed between 1978 and 1982. See inspector's testimony in response to Hearing Officer's question. Moody's home was a single family, one story residence. No evidence was received regarding whether the City of Jacksonville requires examinations of roofing contractors prior to their certification.
Recommendation Having found that the Respondent did not commit the alleged violations, it is recommended that the Administrative Complaint be dismissed and no action be taken. DONE and ORDERED this 23rd day of August, 1985, in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings The Oakland Buildina 2009 Apalachee Parkway Tallahassee, Florida 32301 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of August, 1985. COPIES FURNISHED: W. Douglas Beason, Esq. Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Troy Griffin 7443 Laura Street Jacksonville, Florida 32202 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 James Linnan, Executive Direetor Department of Professional -I Regulation. Construction Industry Licensing Board P. O. Box 2 Jacksonville, Florida 32202
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, and the documentary evidence received, the following relevant facts are found. Respondent is a registered roofing contractor who has been issued License No. RC 0023750. During early 1981, Aleta Swygard and Thomas Garner contracted to purchase a residence located at 4814 SW 20th Street, Ft. Lauderdale, Florida. Pursuant to the terms of that purchase agreement, and the requirements of the FHA financing, it was necessary to obtain a report from a licensed roofer that the roof was in satisfactory condition. At the time the contract for purchase was executed, the roof was leaking and the ultimate condition of the roof was unknown by the purchaser. The purchaser's broker, Wise Realty, incident to the real estate transaction, retained Respondent to perform all necessary roof repairs on the subject residence and to file an FHA inspection report in accordance with the requirements of FDA. Respondent was instructed by Amerigo DiPietro, real estate broker, to only do what was facially necessary to allow the transaction to close. Respondent therefore prepared the report to show that the roof was in satisfactory condition. In this regard, Messenger DiPietro did not testify at the hearing herein. Respondent admits that the roof was in unsatisfactory condition and although he advised Wise Realty, through broker DiPietro, of the condition, he completed the FHA report indicating that the roof was in satisfactory condition. (TR 8, 45 and 46) It is undisputed that the Respondent charged, and was paid, approximately $425 to perform the repairs on the subject roof in question. It is also undisputed that the Respondent did not obtain a building permit although one was required) to perform work where the repairs exceed the sum of $300. (Testimony of Respondent and Susan Marchitello, TR 13) The purchasers relied upon the FHA inspection report prepared by Respondent to proceed to closing on that property. After closing, the purchaser discovered that the roof continued to leak and was in need of substantial repairs. In this regard, the purchasers expended approximately $2,200 to repair the roof in satisfactory condition. Respondent failed to honor his written guarantee issued to the purchasers shortly after his work was performed although he received notice that repairs were necessary. In mitigation, the Respondent points out that he was led down the "primrose path" by broker DiPietro and that this was the first disciplinary proceeding he had been involved in in his approximately 13 years of contracting. Further, Respondent avers to the fact that he had previously performed contracting repairs for broker DiPietro without any problems.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Respondent be ordered to pay an administrative fine of $500 and that his registered roofing contractor's license (No. RC 0023750) be placed on probation for a period of one (1) year. RECOMMENDED this 18th day of April, 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 18th day of April, 1983.
Findings Of Fact Petitioner, Department of Professional Regulation, Division of Real Estate, is the state licensing and regulatory agency charged with the responsibility and duty to prosecute administrative complaints filed pursuant to Section 20.30, Florida Statutes and Chapters 120, 455 and 475, Florida Statutes and rules and regulations promulgated pursuant thereto. Respondent, Andrea S. Carollo, was, at all times material hereto, a licensed real estate broker having been issued license number 0229337. The last licensed issued was as a broker c/o Florida Leisure Realty, Inc. t/a ERA, 27427 SR 54, Wesley Chapel, Zephyrhills, Florida 33543. Randy Locke and Geoffrey Bickerdike are not and have not been licensed, during times material, in any capacity with the Florida Construction Industry Licensing Board or the Florida Real Estate Commission. During July 1990, the Beardsleys entered into a contract to purchase realty situated at 220 Debbie Lane, Lutz, Florida. Additionally, the Beardsleys executed an addendum providing for the replacement of the roof. Negotiations for the contract and sale and the contract with its addendum were prepared by Respondent's licensed real estate salesman, Frank Kinsinger, an employee of Florida Leisure. The subject property was owned by Respondent's relatives, the Barettas, (aunt and uncle) who resided in Illinois. In anticipation of the sale of their rental property, the Barettas requested that Respondent obtain proposals to repair the roof. Pursuant to their request, Respondent obtained several proposals including proposals from Sun Roofing of Tampa, Hardy Roofing & Construction, Imperial Roofing Contractors, Inc. and Geoffrey Bickerdike. The proposals from all of the companies, with the exception of Bickerdike, all claimed that they were licensed roofing contractors. Respondent was acquainted with Bickerdike who represented himself in the past as a licensed contractor. Respondent was unaware that Bickerdike was not licensed by the Florida Construction Industry Licensing Board or the local board (Pasco County). Of the proposals received from the various contractors, the Barettas selected Bickerdike's proposal to repair the roof since his proposal also included additional work that the home needed. During the period when the Respondent accepted the proposals and the Beardsleys entered into the contract, the Barettas replaced the roof and undertook certain FHA repairs that were required. After execution of the contract, Bickerdike subcontracted with Randy Locke (Locke) a subcontractor to replace the roof. A permit was not pulled for the removal and replacement of the roof. Respondent was unaware that Bickerdike had subcontracted the roofing job and the other repairs to Locke and that a permit had not been pulled for the repairs. The roofing repairs were completed prior to closing and the inspection was approved by the FHA as required by the contract and other lending requirements. Following a period of approximately two months from completion of the roof replacement and closing on September 11, 1991, no water leakage was observed in the house by the Beardsleys when they subsequently visited the home. At closing, the Barettas paid for and provided the Beardsleys with an ERA home warranty. The Barettas likewise reimbursed Florida Leisure the sum of $1,930.00 for roof repairs which had been advanced by Florida Leisure on behalf of the Barettas. Approximately two months after the closing, the Beardsleys experienced water leaks from the roof of their home. The Beardsleys called Florida Leisure to complain of the leaks. Initially, agents and employees of Florida Leisure contacted Bickerdike such that he could return to the house and correct the leaks. Bickerdike, in fact, made several attempts to correct the roof leaks and after further calls, Florida Leisure furnished the Beardsleys Bickerdike's beeper number which they used to directly contact Bickerdike. Respondent did not hear from the Beardsleys and considered the problem to have been resolved. On August 8, 1991, the Beardsleys contacted the Pasco County Building Department to report the leakage problem. On August 11, 1991, Joe Creech, a Pasco County Building Construction Inspector, inspected the roof and reported the roof replacement by Bickerdike and Locke as being unworkmanlike. Creech concluded that the roof needed to be torn off and corrected. Creech also determined that neither Bickerdike or Locke had a roofing contractors license and that no permit had been pulled for the job. On October 29, 1991, Respondent, after being advised of the problem, obtained a proposal from RFP Roofing Company, Inc. to replace the roof. During November 1991, Creech first met with Respondent to discuss the Beardsley's roof problem. At that meeting, Respondent advised Creech that he had been unaware until then that Bickerdike was unlicensed. On November 19, 1991, Al Shevy, an inspector and investigator with Petitioner, first met with Respondent in connection with the Beardsley complaint filed on October 8, 1991. At that meeting, Respondent advised Shevy that he thought that Bickerdike was responsible for the roofing problems experienced by the Beardsleys and that Bickerdike never advised him that he had gotten someone else to do the roof replacement. Respondent's proposal from RFP Roofing Company, Inc., predates his meeting with Creech and Shevy. Respondent contracted with RFP Roofing Company to have the roof replaced and other repairs done related to interior water damage and drywall for a cost of approximately $5,000.00. Respondent corrected, at his expense, the roof leak problems as soon as he realized that Bickerdike would not or could not correct the problems. The Beardsleys, although provided with an ERA home warranty, never reported their roof problems to the home warranty claims division for repairs.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that: Petitioner enter a Final Order dismissing the Administrative Complaint filed herein in its entirety. DONE and ORDERED this 31st day of March, 1993, in Tallahassee, Leon County, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 31st day of March, 1993. APPENDIX Rulings on Petitioner's Proposed Findings of Fact: Paragraph 3, rejected, not probative and unnecessary. Paragraph 6, rejected, unnecessary. Paragraph 8, rejected, irrelevant and unnecessary. Paragraph 10, adopted as modified, Paragraph 5, Recommended Order. Paragraph 13, rejected, not probative. Paragraph 15 first sentence, rejected, irrelevant. Paragraph 17, adopted as modified, Paragraphs 15 and 16, Recommended Order. Paragraph 18, adopted as modified, Paragraph 23, Recommended Order. Last sentence, rejected as being irrelevant. Paragraph 20, adopted as modified, Paragraph 16, Recommended Order. Paragraph 22, adopted as modified, Paragraphs 20-22, Recommended Order. Paragraphs 25 and 26, rejected, not probative. Paragraph 27, rejected, speculative. Paragraph 35, adopted as modified, Paragraphs 17 and 21, Recommended Order. Paragraph 36(sic) second 35 and 36, rejected, irrelevant and not probative. Paragraph 39, adopted as modified, Paragraph 17, Recommended Order. Paragraph 40, rejected, irrelevant. Paragraph 41, rejected, irrelevant. Paragraphs 45-49, adopted as modified, Paragraph 7, Recommended Order. Paragraph 50, rejected, not probative. Paragraph 51-54, rejected, not probative. Rulings on Respondent's Proposed Findings of Fact: Paragraph 5, adopted as modified, Paragraph 17, Recommended Order. Paragraph 11, adopted as modified, Paragraphs 12 and 13, Recommended Order. Paragraph 15, adopted as modified, Paragraph 16, Recommended Order. Paragraph 24, rejected, not probative. Paragraph 27, rejected, unnecessary. COPIES FURNISHED: Janine B. Myrick, Esquire Senior Attorney DPR - Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 Jacob I. Reiber, Esquire LINSKY & REIBER Post Office Box 7055 Wesley Chapel, Florida 33543 Darlene F. Keller, Executive Director Florida Real Estate Commission 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 Jack McRay, Esquire General Counsel Department of Professional Regulation 1940 North Monroe Street 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 Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found: At all times material to this proceeding, Respondent was a registered roofing contractor in the State of Florida with license No. RR 0026422 and qualified Acoma Roofing Co. (Acoma) with the State of Florida, Department of Professional Regulation. On September 6, 1985, Acoma Roofing Co. and John Scholtens entered into an agreement whereby Acoma was to remove the existing roof, replace any rotten sheathing, install white tile on the roof, flash two (2) chimneys, and perform other work incidental to replacing roof on the home of John and Helen Scholtens located in Alachua County, Florida and known as the Red Baron Farm, for the contract price of $23,000.00. The contract as executed on September 6, 1985, and contained the standard guarantee for materials as specified and for work to be completed in a workmanlike manner according to standard practices. The guarantee also required that any alterations or deviations involving extra costs be executed only upon written orders. There was no requirement in the contract for Acoma to replace or repair any beams. The contract was silent as to who had the responsibility to obtain the permit for the job with the local building department, and both the Respondent and Scholtens assumed the other would obtain the permit. The permit was neither obtained nor posted on the job site. Neither Respondent nor Scholtens obtained the required inspections of the repair work performed by Acoma. Sometime between September 6, 1985 and November 15, 1985, Acoma began work on replacing the roof and completed the job sometime before November 30, 1985. On November 15, 1985, Scholtens paid Respondent $10,000.00 for work completed by Acoma. On November 30, 1985, Acoma presented Scholtens with an invoice for $14,110.00 which included the balance under the contract of $13,000.00 plus $1,110.00 for replacing sheathing and beams. Scholtens refused to pay for the extras and deducted $520.29 from the $13,000.00 balance for alleged damage to the Scholten's septic tank and gave Respondent a check for $12,479.61 as payment in full. As a condition of Scholtens paying the balance, Respondent agreed to add the language "5 years unconditional guarantee" to the contract. This was added due to the insistence of Helen Scholtens, an attorney at law. Sometime around the middle of June, 1986, Helen Scholtens called Respondent and complained that the roof was leaking around the chimneys and requested that Respondent fix the leak. By letter of June 20, 1986, Respondent advised her that unless he was paid the balance of $1,110.00 within five (5) days he would not fix the leak and would consider the 5 year unconditional guarantee as "null and void." On July 3, 1986, Helen Scholtens advised Respondent by letter that unless he fixed the leak they would seek legal action against him. Respondent did not fix the leak as requested, and on August 25, 1986, Scholtens obtained an estimate from Poole Roofing and Sheet Metal Co. (Poole) for repair of the leak. W. P. Yengling, an Estimator for Poole, checked the roof and gave an estimate of $1,510.00 to repair the leak and other incidentals. Scholtens contracted with Poole for the repair which was completed in early 1987. Earlier, on the original reroofing of Scholtens' home, Poole, based on an estimate prepared by Yengling, submitted a bid for the repair of the roof but was not the successful bidder; the award going to Respondent which is the subject matter of this proceeding. There was insufficient evidence to show that a leak had caused damage to the ceiling of Scholtens' home or, assuming there was a leak, that the leak was the result of Acoma's failure to flash the chimneys as contracted or a result of Acoma's poor workmanship in flashing the chimneys. On the date of the hearing Respondent had not responded to Scholtens request to repair the roof other than his response on June 20, 1986.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record and the candor and demeanor of the witnesses, it is, therefore, RECOMMENDED that the Board enter a Final Order suspending the Respondent's registered roofing contractor's license for a period of three (3) months, staying the suspension and placing Respondent on probation for a period of six (6) months under conditions deemed appropriate by the Board. It is further RECOMMENDED that the portion of the Administrative Complaint alleging a violation of Section 489.129(1)(m), Florida Statutes be DISMISSED. Respectfully submitted and entered this 24th day of December, 1987, in Tallahassee, Leon County, Florida. WILLIAM R. CAVE 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 24th day of December, 1987. COPIES FURNISHED: W. Douglas Beason, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Jim Squitiro, Pro Se 1492 Overcash Drive Dunedin, Florida 32528 Fred Seely, Executive Director Construction Industry Licensing Board Department of Professional Regulation Post Office Box 2 Jacksonville, Florida 32201
The Issue Whether or not the Respondent, Charles E. Sullivan, abandoned the construction project of his customer, Otto Kipar at a time when he had received 98 percent of the contract price and completed approximately 75 percent of the job, and whether or not such abandonment constituted a violation of Section 468.112(2)(h), Florida Statutes.
Findings Of Fact This cause comes on for consideration based upon the administrative complaint filed by the Petitioner, State of Florida, Department of Occupational Regulation, Florida Construction Industry Licensing Board, against the Respondent, Charles E. Sullivan, d/b/a Suwannee Roofing Company. The Petitioner is an agency of the State of Florida empowered to administer and regulate those individuals who hold various licenses with the Florida Construction Industry Licensing Board. Charles E. Sullivan, d/b/a Suwannee Roofing Company holds a registered roofing contractor's license and the number is RC 18162. In May 16, 1977, Otto Kipar, a resident of Suwannee County, Florida, entered into a contract for the Respondent to perform certain roofing work and associated to the roofing. The terms and conditions of this contract may be founded in the Petitioner's Exhibit 2, admitted into evidence. The price of the contract was in the amount of $2,500, to be paid by Mr. Kipar in an installment of $2,450 when the roofing was finished and a $50 balance when the chimney was flashed. Among other things, the contract called for the setting of the trusses on the roof, sheeting the roof with plywood, running facia boards, putting up the jack molding and putting on roofing shingles. The work was to be done by Suwannee Roofing, which is owned by the Respondent, Charles E. Sullivan, and all of the materials were to be furnished by Mr. Kipar, with the exception of the shingles and the staples necessary to nail the shingles into the plywood sheeting. The Respondent's employees went to the job site and started to install the roof. On June 24, 1977, Berl Wilson, a building inspector for Suwannee County, Florida, went to the job site and inspected the roof. He determined that the work on the roof was 50 percent completed. He found the trusses up and the sheeting and shingles installed. However, he felt that the roof construction was unsatisfactory and that the roof would eventually fall in. He immediately tried to contact Mr. Sullivan, the Respondent, and was able to speak to him on June 27, 1978. At that point, Mr. Sullivan indicated that he would work the matter out with the owner, Mr. Kipar. In August, 1977, the Respondent hired some individuals to go to the job site and make adjustments to the roof, so that it would structurally meet the necessary building standards of Suwannee County, Florida, and comply with his contract with Mr. Kipar, as to that element. At the behest of Mr. Kipar, the building inspector Wilson returned to the job site in August or September 1977, and discovered that the roof was not shingled over 25 percent to 35 percent of the roof area. In that particular part of the roof, only the felt paper was installed on the sheeting. This caused the roof to fail to meet the Southern Building Code, in terms of requirements of that code. It was also in violation of the contract conditions which called for the Respondent to install the shingles over the entire roof, not just part of it. When confronted with the fact of the incompleted roof, the Respondent told Wilson that he had spent over $600 in trying to make the necessary adjustment to the trusses and that he felt no obligation to spend any other money on the Kipar job. Therefore, the job was left unfinished and when Mr. Wilson saw the job site on March 22, 1978, he found it in the same state as had been indicated in August/September 1977, in that the roof was still 25 percent to 35 percent without shingles. The Respondent and his employees did not return to the job site to complete the roofing and Mr. Kipar had to make those arrangements himself. This abandonment on the part of the Respondent came, notwithstanding the fact that Mr. Kipar, in accordance with the contract had paid the Respondent $2,450 on May 30, 1977, as shown by Petitioner's Exhibit number 3, admitted into evidence. In summary, the Respondent was paid 98 percent of the amount of the contract, which constituted the full amount of payment with exception of $50 for flashing the chimney, and the Respondent abandoned the job when 25 percent to 35 percent of the shingles remained to be installed. This abandonment constitutes cause for disciplinary action in accordance with Section 468.112(2)(h), Florida Statutes, which states: ... (h) Abandonment of a construction project in which the contractor is engaged or under contract as a contractor. A project is to be considered abandoned after 90 days if the contractor terminates said project without notification to the prospective owner and without just cause. Abandonment has been demonstrated here because the Respondent did not work on the roof after the period of August/ September, 1977, and as stated before the roof was missing 25 percent to 35 percent of the necessary shingles at that time. In addition, the Respondent failed to notify the owner of this abandonment and the abandonment was without just cause.
Recommendation It is recommended that the Petitioner, State of Florida, Department of Professional Occupation Regulations, Florida Construction Licensing Board, suspend the Respondent's, Charles E. Sullivan's roofing contractor's license, RC18I62, for a period of one year. DONE AND ENTERED this 29th day of September, 1978, in Tallahassee, Florida. COPIES FURNISHED: Michael Egan, Esquire 217 South Adams Street Tallahassee, Florida 32301 Charles E. Sullivan Suwannee Roofing Company Post Office Box 999 Live Oak, Florida 32060 CHARLES C. ADAMS Hearing Officer Division of Administrative Hearings Room 101, Collins Building MAILING ADDRESS: 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675
