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9.a.
Board of Examiners of Contractors
Meeting Date:
08/09/2016
Re
Philip Petuzzelli, Port St Lucie Properties - Contractor Complaint
Submitted For:
Shaun Coss

SUBJECT:

Contractor/Qualifier Dba Competency Card # State License #
Philip Petruzzelli Port St. Lucie Properties N/A CBC1257923

CASE INFORMATION:

Property Owner Address of Violation Complainant
Liskary Hernandez Comask 2523 Madewood Drive Same

BACKGROUND

See timeline below.

TIMELINE

June 9, 2015 There was a structure fire that caused significant damage.
August 3, 2015 A demolition application was submitted.
August 10, 2015 The demolition permit was issued.
August 10,2015 The Complainant alleges demolition commenced by  PSL Properties
August 12, 2015 A condemnation report was mailed and an unsafe building affidavit was recorded with the Clerk of Court.
September 16, 2015 A contract was entered into for the rehabilitation of the structure.
September 17, 2015 A revision was submitted of the demolition permit to include roof, trusses, shingles, drywall, 8 floor joists and 2 partial exterior walls.
September 22, 2015 The revision was approved by the Building Department.
September, 2015 The attorney for PSL Properties alleges that PSL Properties was hired to repair the property once demolition of the damaged areas of the home was completed by a different contractor.  It is also noted that the first contractor hired did not complete demolition and demolition had to be completed by PSL Properties.
November 19,2015 A rehabilitation permit was submitted.
November 21, 2015 The demolition permit expired without having the required inspections.
December 7, 2015 The rehabilitation permit was approved by the Building Department and ready for pick up.
December 15, 2015 Courtesy, framing, sheathing, tie down, roof sheathing, and wind brace inspection s were conducted thus indicating work commenced prior to this date.
January 7, 2015 A roof dry-in inspection was conducted and approved with the exception of missing flashing in the valley.
  It was not indicated by either party when the owner decided to have a metal roof installed instead of a shingle roof.
January 26, 2016 A revision was submitted for the change of roof material.
January 28, 2016  The revision was approved by the Building Department.

FINDINGS

1. In summary it is understood by our department that the complainant’s complaint is that a lapse in time between roof removal and rehabilitation caused damages to the structure.
2. In summary it is understood by our department that the respondent’s position is that this is a civil contract dispute; and that PSL Properties did not cause damages.  It is further noted that the respondent takes the position that PSL Properties proceeded with repairs as quickly as possible; and that delays were caused by inclement weather, owners’ changes and owners’ delays.
3. 63 days passed between the day of the fire and the day of demolition permit issuance.  It is unclear when demolition commenced or was completed since an inspection was never scheduled.
4. 100 days passed between the day of the fire and the day the contract was entered into for rehabilitation.
5. 65 days passed between the day the contract was signed and the day the rehabilitation permit was applied for.
6. 190 days passed between the day of the fire and the day rehabilitation commenced (assuming work started the day of permit issuance).

ALLEGED CHARGES:

Section 5-52 (3) Committing incompetency or misconduct in the practice of contracting.
Section 5-52 (4) Committing gross negligence, repeated negligence,  or negligence resulting in a significant danger to life or property.

RECOMMENDATION:

To Be Determined

Attachments

Form Review

Inbox Reviewed By Date
Building mmeyers 08/01/2016 02:25 PM
Form Started By:
Kristie Kirstein
Started On:
07/27/2016 05:46 PM
Final Approval Date:
08/01/2016