8.a.
Board of Examiners of Contractors
- Meeting Date:
- 03/08/2016
- Re
- Gregory M. Barnes - Garage Door Service and Repair of the Treasure Coast
- Submitted For:
- Shaun Coss
SUBJECT:
| Contractor/Qualifier | D.B.A. | Competency Card # | State License # |
| Gregory M. Barnes | Garage Door Service & Repair of the Treasure Coast | 16-27435 | NA |
CASE INFORMATION:
| Property Owner | Address of Violation | Complainant |
| Marie Joseph | 1206 Avenue D | Marie Joseph |
BACKGROUND
| On January 26, 2016, we received a complaint from Marie Joseph that the façade of the building was damaged by the awning. Ms. Joseph attached a copy of her civil complaint filed with the clerk of court alleging that Mr. Barnes is taking advantage of the language barrier. She also advised that the reason she wanted the awning was to keep water from going into the building but that the awning doesn’t cover the door. She has also complained about the difficulty of opening the awning. Marc Meyers, Paul Thomas and I have since visited the site and observed the damage to the building. On January 27, 2016, Mr. Barnes sent an email advising in part that he observed the block has slid out approximately ½ inch, that he has concern regarding this issue, that he carries insurance for these issues and that he would need Ms. Joseph’s permission to proceed with repairs. On January 27, 2016, Mr. Barnes was informed that the repairs would need to be made by a properly licensed contractor that a permit would be required and that signed and sealed drawings may also need to be submitted. On February 1, 2016, Mr. Barnes responded to the notice of complaint that Ms. Joseph admitted to negligent behavior voiding the warranty. Mr. Barnes notes that Ms. Joseph is asking for a monetary remedy for a problem he did not create. |
TIMELINE
| 1/5/16 | Complaint Affidavit |
| 1/27/16 | Notice to contractor- a complaint has been filed |
| Several emails between investigator and contractor | |
| 2/2/16 | Contractor Complaint Investigation |
| 2/22/16 | Hearing Notice |
FINDINGS
| 1 | Investigator Coss has determined that Garage door Service & Repair has installed retractable awnings without a permit. Since a permit was not obtained, an inspection was not conducted post installation. |
| 2 | To clarify, on the complaint form, Ms. Joseph has asked for a reprimand. In his response, Mr. Barnes has referred to the civil penalty which she is pursuing in a civil case. Her civil complaint was attached to the complaint form that was submitted which may be the cause for his confusion. |
| 3 | Staff cannot determine whether the damage to the building was caused by the installation of the awning, or if use of the awning has caused the damage on a 51 year old structure. Nonetheless, the damage has occurred post installation and most likely would not have occurred if the awning wasn’t installed. |
ALLEGED CHARGES:
| 5-52 (3) | Committing incompetency or misconduct in the practice of contracting. |
RECOMMENDATION:
To Be Determined
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Building | mmeyers | 02/29/2016 05:00 PM |
- Form Started By:
- Kristie Kirstein
- Started On:
- 02/26/2016 11:50 AM
- Final Approval Date:
- 02/29/2016