Filing # 39106089 E-Filed 03/16/2016 04:02:04 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA OFFICE OF THE ATTORNEY GENERAL, STATE OF FLORIDA, DEPARTMENT OF LEGAL AFFAIRS Plaintiff, Case No.: v. A&J CONTRACTOR USA, INC. and ANGEL PEREZ, an individual Defendants. COMPLAINT Plaintiff, State of Florida, Office of the Attorney General, Department of Legal Affairs, ( OAG ), sues Defendants A&J Contractors USA, Inc. ( A&J Contractors ) and Angel Perez ( Perez ), and alleges that: JURISDICTION AND VENUE 1. This is an action pursuant to Florida's Deceptive and Unfair Trade Practices Act, Chapter 50l, Part II, Florida Statutes ( FDUTPA ). The action seeks statutory relief, including injunctive relief, consumer restitution, civil penalties, and attorneys fees and costs, pursuant to FDUTPA. 1
2. This Court has jurisdiction over the subject matter pursuant to the provisions of FDUTPA. The granting of civil penalties, including injunctive relief, consumer restitution, and attorneys fees and costs is within the jurisdiction of the Circuit Court. 3. A&J Contractor USA, Inc. is based and does business in Miami, Florida, and Angel Perez also lives in Miami. The violations alleged herein affect or occurred in Miami-Dade County, Florida. Accordingly, venue is proper in Miami-Dade County in the 11th Judicial Circuit pursuant to the provisions of the Act and Sections 47.011, Florida Statutes (2015). 4. All conditions precedent to this action have been performed or have occurred. PLAINTIFF 5. Plaintiff is an enforcing authority of FDUTPA under Section 501.203(2), and is authorized to bring this action and to seek injunctive and other statutory and civil relief pursuant to that chapter under Section 501.207. 6. Plaintiff conducted an investigation of the matters alleged herein and has determined that this enforcement action serves the public interest, as required by Section 501.207(2). DEFENDANTS 2
7. A&J Contractor is a Florida corporation with a principal place of business at 11901 NW 4 th Street, Miami, Florida 33182. Upon information and belief, A&J Contractor USA, Inc. is not licensed as a general contractor. 8. Angel Perez is the president of A&J Contractor. Upon information and belief, Perez is not licensed as a general contractor and does not hold any other construction industry license. 9. At all times material to this action, Defendants were engaged in trade or commerce as defined in Section 501.203(8), Florida Statutes (2015). FACTUAL ALLEGATIONS 10. From at least January 2015 to August 2015, at least four (4) Florida consumers contracted with Defendants to perform various residential construction projects that included kitchen and bathroom renovations, and closet and door installations. 11. The types of construction contracted for required that the Defendants be licensed by the Florida Department of Business and Professional Regulation ( DBPR ) as a general contractor. 12. Before and during contracting with consumers for the construction work, Defendants, either implicitly or explicitly, represented to the consumers that they were properly licensed as general contractors. 3
13. According to the database maintained by the DBPR, however, the Defendants were not and are not licensed as general contractors, and hold no other type of construction industry license in Florida. 14. Nevertheless, the Defendants took and deposited approximately $8,800 from consumers to perform the construction work. 15. The Defendants, however, never completed, or in some cases even began, the construction work as promised. 16. As of the date of this filing, the Defendants have not completed construction for the consumers, nor have the Defendants provided refunds or helped in any way to remedy harm caused by their unfair and deceptive actions. VIOLATIONS OF THE FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT, CHAPTER 501, PART II, FLORIDA STATUTES 17. Section 501.204(1) provides that unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful. The provisions of FDUTPA shall be construed liberally to promote the protection of the consuming public and legitimate business enterprises from those who engage in deceptive[] or unfair acts or practices in the conduct of any trade or commerce. Fla. Stat 501.202 (2015). 18. An entity that willfully engaged in a deceptive or unfair act or practice is liable for a civil penalty of up to $10,000 for each violation; willful violations 4
occur when the entity knew or should have known that the conduct in question was deceptive or unfair or prohibited by rule. Section 501.2075. 19. Defendants, at all times material hereto, provided goods or services and were engaged in trade or commerce as defined by Section 501.203(8). 20. Perez is the president of A&J Contractors, and he participated directly or indirectly in the unfair and deceptive acts and practices of the Defendants. COUNT I Misrepresentations regarding general contractor licensure 21. Plaintiffs adopt, incorporate herein and re-allege paragraphs 1 through 20 as if fully set forth hereinafter. 22. Florida law requires a person or business be licensed as a general contractor to perform certain construction work, including that complained of herein. 23. Defendants misrepresented to consumers that they were properly licensed as general contractors and could therefore perform the relevant construction work. None of the Defendants, however, was licensed as a general contractor or as any other construction industry specialty. 24. Defendants misrepresentations and / or omissions were material and consumers relied on them when they hired and contracted with them to perform construction work on their homes. 5
25. Defendants misrepresentations and / or omissions were deceptive and unfair and caused consumer harm, including at least $8,800 in financial loss. COUNT II Deceptive and Unfair Construction Practices 26. Plaintiffs adopt, incorporate herein and re-allege paragraphs 1 through 20 as if fully set forth hereinafter. 27. Defendants contracted with consumers for residential construction and renovation but failed to complete the construction as promised after being paid. 28. The Defendants failure to complete the construction work as contracted for is unfair and deceptive. Consumers paid Defendants at least $8,800 for construction and renovation, but Defendants failed to complete the work. The consumers suffered harm, including financial harm, as a result of Defendants unfair and deceptive acts and practices. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for relief as follows: 29. That the Court adjudge and decree that the conduct complained of in paragraphs 10 through 16 constitute deceptive and unfair trade practices in violation of the Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Part II, Florida Statutes (2015). 30. That the Court order defendant A&J Contractors USA, Inc. to cease operations and close permanently. 6
31. That the Court permanently enjoin Defendants from performing any construction in which a license issued by the Florida Department of Business and Professional Regulation is required. 32. That the Court order Defendants to pay restitution in the amount of $8,800 to affected consumers. 33. That the Court award damages, civil penalties, attorney s fees, prejudgment interest and costs to the Plaintiff for the prosecution of this violation pursuant to Section 501.2105, Florida Statutes (2015). 34. Award any such equitable or other relief pursuant to Section 501.207(3), Florida Statutes; and proper. 35. Award such other and further relief as the Court deems just and Dated: March 16, 2016 PAMELA JO BONDI Attorney General /s/ Will Armistead WILLIAM B. ARMISTEAD Fla. Bar No. 88535 Assistant Attorney General Consumer Protection Division Department of Legal Affairs Florida Office of the Attorney General Phone: 850-414-3805 Fax: 850-488-1259 7