HomeMy WebLinkAboutExhibit 1Crry OF EXHIBIT
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OUASI-JUDICIAL HEARING - Staff Report
1. Contractor Name:
Mr. Dillon Slater
DBA Slater Construction, LLC
4853 61' Circle
Vero Beach, Fl. 32967
State License No. CGC1526339
2. Cause for Disciulinary Action:
City Code of Ordinance: 26-172(5)
Diversion of funds or property received for the completion of a specified project or operation or as
a result of the diversion the contractor is or will be unable to fill the terms of his obligation or
contract.
3. Location of ABeeed Violations in Sebastian. Florida:
1. 133 Admiral Circle
Owner: Paula Hegi
4. Violation Descriptions:
Narrative of alleged violation at 133 Admiral Circle:
• On 2/22121 owner entered into a contract to build a duplex in the amount of $250,000
• On 4128/21 Slater Construction, LLC applied for a building permit and land clearing permit to build a
duplex at 133 Admiral Circle.
• Due to numerous delays by the contractor to remove and/or relocate gopher tortoises on the property, the
land clearing permit did not get issued until 2/25/22. The land clearing permit received a final inspection
of the erosion control barrier on 3/9/22.
• On 6/16/21 Dillon Slater informed the owner that the price of lumber is going up and the owner should
order the roof truss materials now to save money. On 6/17/21 Dillon Slater gave the owner a price of
$41,500 for the lumber and truss package.
• On 6/17/21 the owner paid Slater Construction, LLC by check, $41,500 for the lumber and truss package.
• On 4/7/22 with the help of the owner, the building official was able to verify that Tibbett Lumber Co.
LLC had received an order from Slater Construction, LLC on 3/8/21 for a truss package at 133 Admiral
Uncle. However, Tibbett Lumber Cc states they did not receive a signed quote or the required deposit for
the truss package from Slater Construction. According to the Lumber Co. policies, they must receive a
signed quote within 10 days and deliver within 30 days of the quote date. According to Tibbett Lumber
Co. correspondence, a 25% deposit is required from the contractor to obtain the truss package engineering
and layout plan. To date, one of the reasons why the building department has not been able to issue the
duplex building permit is because the truss manufacturer's engineering and layout plan has not been
submitted.
• On 2/19/2022the owner filed a Contractor Complaint Affidavit with the City of Sebastian Building
Department, A7r—
5. Staff Summary
• Ms. Paula Hegi entered into a contract with Slater Construction, LLC on 11/18/2019 to build a
duplex for the amount of $250,000. Mr. Dillon Slater was initially paid a $74,160 down payment.
• Mr. Dillon Slater collected an additional $41,500 to purchase a roof truss package that he said he
would wrap to keep dry until it can be used. Evidence has shown that he placed the order with
Tibbett Lumber Co. on 3/8/21 but never followed through to make the deposit in order to obtain
the truss engineering and layout nor take delivery of the truss package.
• To date the building department has not received the truss manufacturer's engineering or layout
plan and the building permit for the duplex that was applied for in 4/8/21 remains on hold.
• Mr. Dillon Slater has shown that he was unable or unwilling to fulfill his obligations under
the terms of the contract by diversion of fonds paid by the owner in violation of City Code of
Ordinance 26-172 (5).
10. Staff Recommendation:
1. Staff recommends the contractor be fined the maximum amount of $500.00, in accordance with Sec. 26-
175 (d) and pay an administrative fee in the amount of $100.00 representing reasonable costs incurred
by the City of Sebastian during its investigation and prosecution of this case.
2. Staff further recommends the board consider suspension of permitting privileges, license suspension or
other penalties including probation or revocation in accordance with Sec. 26-175 (c), (e) (1-3).
11. City Code of Ordinance 26-175. — Penalties:aooeals
(a) In addition to the penalties that may be imposed and other remedies that may be available to the
city which are provided for elsewhere in this section, any person who violates any provisions
of section 26-171 or commits any of the acts constituting cause for disciplinary action as set forth
in section 26-172 shall be guilty of a violation of the provisions of this article, and upon conviction
thereof', shall be subject to the penalties of section I-10
(c) If a stale certified contractor or a contractor possessing a certificate of competency issued by the
board pursuant to this article is found by the board. after a due urocess hearine. to be euiltv of fraud or
a willful buildine code violation in the city, or if the board possesses proof that such contractor,
through a due hearing process, has been found guilty in another city or county within the 12-month
period of fraud or a willful building code violation, and the board finds, after providing notice to the
contractor, that such fraud or violation would have been fraud or a violation of a building code of the
city if committed in the city, then the board may. in addition to the nenalties that mav he im_nosed. and
other remedies that mav be available to the city which are provided for elsewhere in this section. denv
the issuance of a buildine nermit to such contractor or issue a buildine oermil with specific conditions
which the board determines to be necessary to Drotect the oublic health. safetv and general welfare.
The board shall provide notification of, and information concerning, any denial of a building permit
pursuant to this provision to the department within 15 days after the board decides to deny such
bulldingpermit. (Underlining addedfor entphasis on ahe applicable parts of this seclion)
(d) In addition to the penalties that may be imposed and other remedies that may be available to the
city which are provided for elsewhere in this section, the board may impose an administrative fine in
an amount not to exceed $500.00, tines may include additional fees for investigative and legal costs
incurred in the context of certain disciplinary cases heard by the board, which shall be recoverable by
the board only in an action at law.
(e) In addition to the penalties that may be imposed and other remedies that may be available to the
city which are provided for elsewhere in this section, the board is authorized to take the following
disciplinary actions against the holder of a certificate of competency issued by the board pursuant to
this article, where such holder has been found to violate section 26-171 or has engaged in any of the
acts or omissions which constitute cause for disciplinary action pursuant to section 26-172.
(1) Suspend the certificate of competency issued by the board pursuant to this article during the period
fixed by the board, but the board may permit the certificate holder to complete any contracts then
uncompleted;
(2) Revoke the certificate of competency previously issued by the board pursuant to this article; or
(3) Place the certificate holder on probation for a period fixed by the board, but not in excess of three
years.
12. Board Action:
Conduct quasi-judicial hearing to consider the alleged violations.
WayneGf tine, Building Official Date
Building Department
Lmol
SEBASTIAN
HOME Of PELICAN ISLAND
CONTRACTOR LICENSING
1225 MAIN STREET • SEBASTIAN, FLORIDA 32958
TELEPHONE: (772) 388-8245 • FAX (772) 589-2566
CONTRACTOR COMPLAINT
AFFIDAVIT
PLEASE PRINT CLEARLY
CASE NO:
DATEOFSTATEMENT ALI%1-2
DATE OF OFFENSE.
LOCATIONOP / �r /' / /
OFFENSE:, 17,3 �j&hVI%4.[ C.L"IL/CITY iPh/S C'�7Q/) STArEJZIP
COMPAINTANT (S) - R' 1J.1/i ACE;
NAME:COWL/�,/,� 1- u 1 , ry
pppRFyS� r C.I X t-�4 CITY V STATEFZIP .�(ya9Gp
PHONE: WCONTRACONIPLANTANTORK
WORK CE/LL JJ/�I�6 t7
: CFOA y,j �Tl ' NAME-/�%�I-II-G /l LSIGTrG/
NAMEOFCOMPANY:__L(.-/-V_!
CONTRACT 1P NY�IiCR V �7 SfATEVZIP
CONTRACT
h
1, ---p6L J e,- ti P & t do hereby voluntarily make the
following statement without thre'St, offer of benefit or favor by any persons whomsoever.
ough the newspaper, yellow pages and/or
Did you find this person(s) and/
fliers? YES NO OTHER
/S'Iyf% ii'L lJ1%��L(Ci7o�1 Ql f2
If NO or Other, how?
What was your initial reason for calling this person and/or company?
I u Y/U1 Id et- ��/C 1
What was a name of the person{s) who came to your home for the original repair and/or
estimate? I u 11
Did this person (give —Pi 11 o n .5 Q. - i , tell you that he/she was
licensed and insured? YES NO
If YES, did he/you something that led you to believe that he/she was licensed
and insured? YES O
If YES, what type of document were you shown? nnn Q
Were permits required to do the work? / YES NO
Did he/she tell you that he/she would pull the permit? 6�s NO
Were you charged for the permit? YES NO
Were you given a start and completion date? YES CN�
If YES, was the job started as promised? YES NO
If NO, what was the reason? P. V.0 lAS F S pe c-' A 4U r�
Was the completion date as promised? YES No
If NO, what was the reason?
Once completed were you satisfied with the jo`b/?� YES NO
If NO, why? /U
(2)
Did you make a complaint to thee contractor/company Yam) NO
1,t. %
What was the complaint? 14I..Q.(O u s �._� -
bctc�If/«I roo()
What was their response to your complaint?
(e*KC.(LS Cod
Did the contractor/company ever place a lien on your property? YE NO
if YES, what date was the Gen filed?
in your own words, what is the complaint?
Please priat.clearly.
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IF YOU NEED MORE WRITING ROOM, PLEASE USE A SEPARATE SHEET OF PAPER.
(3)
If you have any of the following, please make copies and attach to this affidavit. (Be sure
you keep the originals.)
Contracts and/or invoices
YES )
NO
Copies of advertisements/fliers
YES
NO
Business card
YES
NO
Cancelled checks (front and back)
YES)
NO
Receipts for cash payments
YES
NO
Copies of any correspondence YES NO
Notice of any liens YES NO
I SWEAR OR AFFIRM THE STATEMENTS MADE W THIS AFFIDAVIT TO BE
CORRECT AND TR
SIGNATURE: , Gt t�.� -,- 6
STATE OF FLORIDA
COUNTYOF TnAil IZAJft
Sworn to and subscribed before me the day
of, 20_Aa
MY COMMISSION EXPIRES:
Form of I.D. used to identify
Affiant FInrina 1XWer; (ItchSC
(4)
otary Public
,prrver
JOSNUASWPSON
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OommissroriYNFl11S187
Expires A,14,2425
,;.110
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Wayne Eseltine
From: Paula Hegi <phegi123@gmail.com>
Sent: Monday, February 28, 2022 9:25 PM
To: Wayne Eseltine
Subject: Re: FW: Contractor Complaint Form
Wanted to add one more thing.
1 spoke to the billing person at Gator Lumber on 2/25/22 and the woman said she did not have
any records for 133 Admiral Circle.
On Mon, Feb 28, 2022 at 5:11 PM Paula Hegi <oheai I23GieamaiLcom> wrote:
Hi Wayne,
Sorry for the delay. Here you go. Thank you.
2/22/21 signed contract with Dillon Slater, Slater Construction
2/ 17/21 - Dillon said he bridge me 50% of the rest needed for construction in order for me to get financing
after CO
2/26/21 - Dillon cashed my check for 25% deposit $74,160.00
4/27/21 - Dillon said everything has been submitted and should hear in a week or so about clearing the lot
5/5/21 - I was worried about the price of lumber going up and told him to call me. He was on vacation.
5/12/21 - I asked him to give me itemized receipts when he spends the money. He said typically he doesn't
do
that but agreed to monthly expense reports.
6/1/21 - issues with turtles began - he said he/Maggie will try to get them relocated to the back of the lot, since
1/2 acre
6/16/21 - He asked me if I wanted to pre -pay lumber since prices were going up again. I said perhaps we
should wait but
he said I would save 16K if the prices keep going up. He said his other clients were doing it too. 1 asked
if the lumber would
be placed in storage and kept dry. He said yes.
6117/21 - gave Dillon $41,500.00 for prepaid lumber.
8/2/21 - Margie has not been paid for her turtle work. (In a conversation with Margie on 11/23/21 - Margie
told me that Dillon told her months
prior to hold off on the turtles). 1 did not authorize him to hold off.
10/25/21 - Dillon said he should have the permit very soon and will get the lot cleared.
11/10/21 - I asked for the receipt for the lumber and the location of where the lumber is kept. Did not
provide. He said the lot will be cleared by Dec'21.
I1/15/21 - Dillon admitted he was not doing well with me and said he will get on his 'A game'.
1 1 /16/21 - found out about all of the complaints in IRC and no longer able to pull permits. No longer
approved with Marine Bank.
11/16/21 - Dillon said instead of wasting money on attorneys, we could work on a solution and to give him
more time and another chance.
1 I /16/21 - We met at the lot and I gave him a stem talking to. Said thank you for giving him another and
another chance, will not let me down, blah blah blab.
11/18/21 - I asked for documentation of lumbar and other paid invoices. Did not provide.
12/27/21 - Margie saying Dillon does not communicate with her and therefore cannot get the turtle situation
resolved.
1/4/21 - Dillon dropped the ball again on turtle relocation.
1/10/22 - I said I would sell the project because he may not build and take my money. He said 1 will be on my
'A game', he promise.
1/24/22 - Reminded him not to have multiple failed inspections like his other builds.
2/28/22 - Met with Wayne at the building department to issue a complaint. While I was there, learned that
the turtles will be relocated
and the sill fencing put up on 3/2/22. We shall see.
On Thu, Feb 24, 2022 at 8:21 AM Wayne Eseltine<weseltine(iacitvotsebastim.ore> wrote:
Okay. Perfect.
Thank you.
Wayne Esettine, CBO FSI CFM
City of Sebastian
Building Oirector/ Fire Marshal
772-388-8235
From: Paula Hegi [mailto:nhmi123(a)amail.roml
Sent: Thursday, February 24, 2022 8:20 AM
To: Wayne Eseltine
Subject: Re: FW: Contractor Complaint Form
Let's do 10 am on Monday. Please confirm.
On Thu, Feb 24, 2022 at 8:18 AM Wayne Eseltine <weseltine(i).citvofsebastiau.ore> wrote:
S`6tllYNa �_...
CONSTRUCTION CONTRACT AGREEMENT
leb Ccna�t M211 bettytract Aprce:rem nns ' ".) a,n fl a made a or e•e Z2W GY N
kabAny ere et' aM , at P 3 61st Verdi 1 and seas, Cwaw"'o^ a cg`ae s"caer
6aaAtY awrpans teu!ed al apF3 61St Crc Vero eexn FL wM Nn` q , as Ag
COC15ge3 g C sactMl O nv arld Co9oarcc may each ce mrerrea
iM We as a'Pan' and oasaeseah as Vm'pj"s
The Pate, spree ns to.
t. Oesentsion of Work. Contractor Ong perform the fblp tng aewlbitl nark at In Admeat Cs
Seeastun. Ft (the'Prepeay'). in acconhoun.0 Q aces WrImet Were and spearxaU:ns
attadled as ExNGt A this Agreement Od arty Change Order. as defined herein. I h' the
' remcs cccvmentY)
Ganeni Condllions:.ill Engineering- Electrical. and plumbing plans. a n'ell as all permn
fees and Impact Fees arc included-
Eaaedor. 71w Shell will Consist o0 Cuo'rcte Lnnndatioo. with CMU aucce salts aad
Aiehite aril aaphell shingles dyer pre-enuin:ered woad u sm. Windows will h s'iml
impacted rated by Shwince or Equivalent -
Landscaping will consist of..Rehei sod and nininml green required per v,Mc.
Annel : Standard electrical and plumbing futures arc included Might timurts. toilets,
vanity with top. and towel bars) options will be p ..\ Wed to owner prior to irusall. Shower
,,.Its to be file in lieu of fiberglass summnds. Drywall to be level 3 torunge peel t stare)
Owner to provide final paint selection. An allowance of $1 50 per sf for all the material
has been included, samples will be provided to Owner for final approval. Kitchcn
countertops and bathrooms vanities will have Level I granite
tops(S55.00sf). options will be provided to owner prior to install.
Dya'S
t.Sheoco to be regular mature
230 Loads of fill are Included in site work need final survey wth elevations
3.Home is an oty water and sewer. Inchnles a $12.000.00 allowance utility impacVmeter fee
Construction Contract Agreement (Rev. 1 f 9
133EDCB)
. 11•1,6. }If of ; ......
a Mllbneb and Iowl k "I ail ... .... - .
Wn4 J:'A'r r']uP^K�I n9-pinnn Va",' Iatiop iln.l Id r re5 old W, . , a"• a —3 -`a'is
�NiKSaI y Prnl In, V1']rr A'I mate,,,,, sli be gn1A Qua :/ a'] ess "_
l,c+Ya. Dx�;nle�r rra, .r permit vtnerwrse Contractor may substitute water'a's o9I .'• :" Ra :'er
w•rre, spPova: or Lwvner In addition Oe Contract Price shall include the fu;loa;ng' xL ns P;i elsGncai
a.10 piJTt;'ry' f.vurps are star aid construction grade.
5 Ucamers and Permits. Con"i shall obtain all licenses and permits necessary for proper
-+^mole»- pine Wark Comracor Is responsible for the cost of any necessary periods or kcenses
6. Laws and Regulations. Contractor shall perform the Work in a workmanlike manner and '.n
comolance with ah applicable federal, state, and local laws, regulations and ordinances. and any safety
repulrerrents of Owner I line 'Applicable Laws'). Contractor shall promptly notify Owner upon disoovery o`.
a^r variance Worsen the Applicable Laws and the Construction Documents.
7. Supervision of Construction. Contractor shall be solely responsible for and shall supervise and direct
at mnewetion under this Agreement. Contractor shall provide competent and suitable personnel to
perform she Work and shall at all times maintain good discipline and order at the Property Contractor will
at all cores take all reasonable precautions for the safety of its employees and the public at Ine Property
Comnaaor agrees to assume full responsibility for the acts, negligence. and/or omissions of its employees
am any subcontractors and their employees.
e. Record Documents. Contractor shall maintain in a safe place at the Property one record mpy of all
drawings, specifications. addenda, written amendments, and the like in good order and annotated to
show all changes made during construction, which will be delivered to Owner upon completion of the
Work
g. Utilities. (Tuner shall pay for all permanent electric, water, phone, cable, sewer and gas service as
needed to perform the Work Owner shall pay for the installation, connection and removal of all temporary
utilities on the Property during the performance of the Work, All temporary utilities shall conform and
adhere to the Applicable Laws.
10. Hazardous Materials. Except as otherwise provided in the Contract Documents, Contractor shall
be responsible for all Hazardous Materials brought to the Property by Contractor. Hazardous Materials
€ nistruction Contract Agreement (Rev. 219
133EDCR)
12 Condition of the Property. ; : ^: ?::: , c.:,, Fee[1'. - _ ..... .... ...,.., .. .
. ca' :• caste ^,3t2-a' c _ _., : ...: at4 .,A .. . . :.. ... .. r .. .
a_.2".a> 2�.: a-. .. ^::dC::' t .. .. \ 'a.., :. •\ ••.1;2 :. - ... .. ... Sna '2^1,2 a a35:2—3f2'.as s, g`: d., o ... c I,.. ., \,. .. :o.,
acod°Yi .. .. tg.: T2^Ia^-']:'1e2� ,i :..,. „r:F
:lean and re a:, S;_p3^.l C) ON^e:
13. Inspection. OFFner snail hair a right W •^.spec Cie \\a!R .1! aa\ n e ,..., z: r'.k
prompny correct an) Well, that is deieru\e or ages lot .^.tcnn to ine Fb can .`::. . .> r 0o, „
me Wont snail be inspected and certd,ed ON Ine applop::.tte Sl.1W 2'. io,'X Ig "d\ , ..
necessary stage
10. Right to Stop Work. If ContracWl tails W conedl 3m deW: pFc k\otn r, . ; rdt2;. F .\ , . • ec •:. I:,o
Work in accordance with the Contract Documents J\vne, snail h,nc Ira „ght 1: o a2: C; nh.1: t • t, ! l! i,
performing the Work or arty ponton thereol w\til the: auso lot s,I<h p„hh ,. e91)nnah•.1
15. Subcontracts. Contractor shall furnish to thvlei .1 6st PI names 01 gldvJnb,Ftt•i, picposea 1%,
perform principal portions of the Work Contractor shall not enlplo\ .ut\ sube,,nhatm, a whom FFF\,Fe,
reasonably objects A subcomractor, for the purposes of this A;lleenn'nt. Shaul no a po,.,,n \Fnh Nliam
Contractor has a direct contract for walk Of the PleNity All :onhacle bomeen ionn,wloi and
subcontractor shell be in accordance with the terms of this Agreement Will th,• F:onl,3r1 Pocantrnls
16. Work Changes. Owner reserves the right to alder changes It, the bWrk III IN, n.uwr of addNons,
deletions or modifications. without invalidating this Agreement and 3grcws to make couesoondnlg
adjustments in the Contract Price and Irma of telminalion d applicable All changes will lM anlhou: of nt at
Construction Contract Agreement (Rev 3,19
133EDCB)
aam n 'CaernM t,Nt siPnrd by ihvrmr will I:leibnrlrn which Shall be airmporaled by reference
heie,a
IL other Contraclom t wnei leselves Ilse nee In enler min other eunlmcrs In connection with the
4VM Vonba-bl shall roornrale with oil other contractoq so that Thee work shall not be impededand
snap pica mom mvx+ss h, me pnyTrry rrs nrcecvey In Perform Ines cruMacts
to Indemnihclrtbn. Cuntradnl aprers in defend. indemnify and hold harmless Owner and do, agents
and emr4yers from and against it claimsactions. liabilities, suits, demands, injuries, obligations,
damapes bases SeniPraenislodgments, fees, penalties, costs and expenses. including reasonable
atior s tees, arcing out of any negligent act or omission by Contractor, a subcontractor or anyone
or" el indirectly employed by them in the performance of the Work resulting in bodily injury. illness or
death or rm property damage. Including loss of use, unless caused by the sole negligence or willful
miecandud of Owner
19. Contractor's Insurance. Contractor agrees to maintain at its own expense during the entire period of
constrvUion at the Property.
A. General Liability Insurance. Such general liability insurance as will protect Contractor from claims
for property damage and bodily Injury, with limits of eabiidy, not less than $1,000,000.00 for each
occurrence.
20. Waiver of Subrogation. Owner and Contractor each waive any and all claims or rights to recovery
against the other Parry for any loss or damage to the extent such loss or damage is covered by insurance
or would be covered by any Insurance required under this Agreement. Owner and Contractor shall cause
each Insurance policy carried by Owner or Contractor relating to the Property to include or allow a full
waiver of any subrogation claims.
21. rime of Essence. All times Stated in this Agreement or in the Contract Documents are of the
essence. Contractor agrees that such times are reasonable for performing and completing the Work.
22. Liquidated Damages. EXCLUDED
23. Early Termination for Breach of Contract.
Contractor's Termination. Contractor may, on five (5) days' written notice to Owner, terminate this
Agreement before the complegon of the Work when for a period of sixty (60) days after a progress
Payment is due, through no fault of Contractor, Owner falls to make the payment. On such termination
Contractor may recover from Owner payment for all Work completed and for any loss sustained by
Contractor for materials, equipment, tools or machinery to the extent of actual loss thereon, plus loss
of a reasonable profit
:onstructlon Contract Agreement (Rev. __ _ d y
26 Disputes A-v p %rorp anssng from M,s Agreenent shot? be resorted through medialon
26. CounMrparts. s ig,pemeni mas be executed in one or more counterparts. each of whmh shall be
ore ee an an l all of which together shall constitute one and the same document
29. Headings. the Wbon headings herein are for reference purposes only and shall not olherwi5e affect
ne ^ amig a�ssb cv_n or interpretation of any prevision of this Agreement
26. Notices. Anr nonce or communication given or made to any Party under this Agreement shall be in
weary and delnemo by hand. sent by overnight courier service a sent by Certified or registered mail,
return receipt requestedto the address stated above or to another address as that Parry may
subsequently designate by notice and shall be deemed given on the date of delivery
29. Assignment No Perry hereto shall have the right to assign its rights or delegate its duties hereunder
wrowut the wmlen consent of the other Party, which consent shall not be unreasonably withheld.
30. Binding Effect This Agreement shall be binding and enure to the benefit of the Parties and their
respective legal representatives, heirs, administrators, executors, successors and permitted assigns
31. Governing Law. This Agreement and the rights and obligations of the Parties hereto shall be
governed by and construed in accordance with the laws of the State of Florida, without regard to its
conflicts of laws provisions
32. Severabllily. If any provision of this Agreement is held to be invalid, illegal or unenforceable in whole
or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and
enforceable as though the invalid. illegal or unenforceable part had not been included in this Agreement.
33. Entire Agreement. This Agreement contains the entire agreement between the Parties hereto with
respect to the subject matter hereof, and supersedes all prior negotiations, understandings and
agreements
34. Amendments. This Agreement may not be amended or modified except by a whiten agreement
signed by the all of the Parties.
Construction Contract Agreement (Rev. 5) g
f33EDC8)
ere. Waiver. NO Party shell be deemed to have waived any provision of this Agreement or the exercise of
any rgms held under this Agreement unless such waiver is made aspressly and in writing Waiver by any
Perry, of a breach Or vroladan Of anY Provision of this Agreement shall not constitute a waiver of any other
sobeaeuent breach or rotation
IN WITNESS WNERECF, the P.m. be. executed this Agreement as of the date first written above.
�Q4.F 4
owner lenawre
Stater Construction
ConbaMr Full Name
11
0(m Ior
�meniadve SlBnalore
Owner FUll Name
aL
D fion Slater
Owner
Contractor Represenrativo Nome and
This
Construction Contraq Agreement (Rev 6/9
133EOCB)
NOTICE TO OWNER
ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001-
713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR
PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A
RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY.
THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR
A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB -
SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE
OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU
HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR
CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR
PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD
AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES
THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO
PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT
THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO
PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR
COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO OWNER." FLORIDA'S
CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU
CONSULT AN ATTORNEY.
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3300 Fairfield Ave s
St Petersburg, FI 33712
Angela Taylor
Truss Office Coordinator
Store Phone: 321-409-9800
Mobile: 321-294-8393
E-Mail: Aneela.Tavlor(a)tibbettslumber.com
IKirby Circle
Palm Bay, Florida 32905
From: Wayne Eseltine<weseltine(OCitvOfSebastian.ore>
Sent: Thursday, March 31, 2022 4:07 PM
To: Angela Taylor <Aneela.Tavlor(dtibbettslumbeccom>
Cc:'Paula Hegi' <oheei123(a)email.com>
Subject: Truss Order for 133 Admiral Cir.
Angela,
My name is Wayne Eseltine, Building Official for the City of Sebastian. I am sending you this e-mail on behalf of Paula
Hegi, she is the owner of the property at 113 Admiral Circle in Sebastian. Paula is wondering if there is an order for the
truss package for her property made by her contractor Slater Construction, LLC. She also wants to know if the truss
package has been paid for, if not, will the price remain the same?
I appreciate your response to help one of our citizens who is having difficulty getting an answer from her contractor.
Regards,
Wayne Eseltine, CBO FSI CFM
City of Sebastian
Building Director/ Fire Marshal
772-388-8235
Flonda has a very broad Public Records Law (Florida Statute Tide X. Chapter 119: Public Records). Moll wtlden communications to or from State and
Loral Officials and agencies regarding Stale or Local business are public records available to the public and media upon request. Your email
communications, Including your email address, may therefore be subject to public disclosure. If you do not want your emall address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Think Greenl Please do
not print this e-mail unless necessary.
Message received from Dillion Builder Duplex 6/1/2021 11:58:42 AM
DD Will keep you posted though
Message sent 6/l/2021 2:26:35 PM
I made official loan app today. Will know where I stand in a couple of days..
Just want to make sure I qualify. Gulp
Mgssel ie je\�eeivP/l Jjom Dillion Builder Duplex 6/1/2021 2:55:00 PM
DD Akighty
Message received from Dillion Builder Duplex 6/16/2021 7:39:45 AM
DD Price of wood is about to jump up again per my supplier, how ever I can go
ahead abs order it now abs store it till it's ready. The last duplex I just built
lumber went from 18k to 24k now he's talking about it may go up to $29k
Also truss lea are going up
So in order to save money in the long run I can order materials now and
they will store abs lock In the pricing
If you want to go ahead abs do this let me knor abs IT get a total for
Materials for you
Also, margie did the survey abs she's drawing up the map now abs Will
have it submitted to the state this week for removal permit
Message sent 6/16/2021 8:25:21 AM
So about $10,000 more if you order it now?
Message sent 6/16/2021 8:25:56 AM
Is it going to sit around and get warped?
Message sent 6/16/2021 8:27:24 AM
And I can't help but wonder what else is going to go up in price by the time
this Is all set and done.
Message sent 6/16/2021 8:27:47 AM
Do we just hold off for a while you take your salary that you've incurred and
expenses give me the money back and we wait? 1 would still use you for
sure for sure in the future
Message sent 6/16/2021 8:29:00 AM
Dillion I need your honest and frank assessment because I can't go into this
if its a runaway train
Message received from Dillion Builder Duplex 6/16/2021 8:29:00 AM
DID Will be about $11k more for framing material and trusses will go up about
$5k if we wait but thats a possibility that it will go up even more.
It's crazy how much wood is going up.
If I order it now then then we will save that $16k and potentially more.
So far only wood has went up,
All other material has went up but it's pennies in the dollar.
Most my clients have been going ahead and ordering wood packages now.
--� And no if we order it now its stored under and enclosure and is wrapped
and it will not warp.
Message sent 6/16/2021 8:29:18 AM
None of which is your fault obviously
Message received from Dillion Builder Duplex 6/16/2021 8:30:14 AM
D D Wood is the only bring to worry about nothing else. That's why I'm asking if
you what to go ahead and order it now and 1 can store it
I have 3 other houses I have already preordered material for. It's somthibg a
lot of people are doing.
Message sent 6/16/2021 8:30:41 AM
It's OK go ahead.
I'm trusting you oh God of buildingl lot
Message received from Dillion Builder Duplex 6/16/2021 8:30:59 AM
DID If funds are available I would recommend we go ahead and order, will save
money in the long run. But like I said its only wood thats going up crazy
nothing else is to be of any concern.
Message sent 6/16/2021 8:32:46 AM
What do you mean if funds are available? You should have plenty of
money still that I gave you right?
M Gmail
133 Admiral Construction Budget.pdf
4 messages
Slater Construction <info@slaterconstructionvb.com>
To: Paula Hegi <phegi123@gmail.com>
Paula Hegi 4phegI1I23@gmaILcom>
Thu, Jun 17, 2021 at 8:16 AM
Here you go,
The total lumber and truss packages is $41,500. Paying now will save you at least $16k as of now from what my material
suppliers have said about wood about to increase again..
if you want to go ahead and release that draw let me know, sooner the better to prevent pricing changes.
If you have any questions just shoot me a text.
Sent from my Phone
in 133 Admiral Construction Budget.pdf
136K
Paula Hegi <phegi123@gmail.com>
To: Slater Construction <info@slaterconsouctlonvb.com>
Thu, Jun 17, 2021 at 8:28 AM
That lot already had 12K worth of fill. Probably why the turtles showed upl
How do you want the money? I have to transfer it to my checking account. That will take a day, but can
give you a check and let you know when It will clear. Let me know.
IOuoled led hidden]
Paula Hegi
Paula Hegi <phegi123@9mail.com>
To: Slater Construction <info@slaterconstructionvb.com>
please send the survey. thanks.
[Quoted teal hidden]
Paula Hegi
Paula Hegi <p1hegi123@gmail.com>
To: Paula Hegi <phegi123@gmail.com>
[oumed seal hidden]
Paula Hegi
in 133 Admiral Construction Budget.pdf
136K
Mon, Jun 21, 2021 at 8:37 AM
Wed, Nov 10. 2021 at 3:48 PM
Wayne Eseltine
From:
Angela Taylor <Angela.Taylor@tibbettslumbeccom>
Sent
Monday, April 04, 2022 11:51 AM
To:
Wayne Eseltine
Cc:
'Paula Hegi'
Subject:
RE: Truss Order for 133 Admiral Cir.
Yes it is correct.
Angela Taylor
Truss Office Coordinator
Store Phone: 321-409-9800
Mobile: 321-294-8393
E-Mail: Aneela.TavlorCaltibbettslumber.com
o I-j
2820 Kirby Circle
Palm Bay, Florida 32905
From: Wayne Eseltine <weseltinePCitvOfSebastian.org>
Sent: Monday, April 4, 2022 9:50 AM
To: Angela Taylor <Aneela.Tavlor(altibhettslumber.com>
Cc:'Paula Hegi' <oheei123CdemaiLmm>
Subject: RE: Truss Order for 133 Admiral Cir
Angela,
Thank you.
I understand in speaking with your office on Friday that you need 25% down to obtain the truss engineering and layout
plan. Can you confirm this is correct information?
Wayne Eseltine, CEO F51 CFM
City of Sebastian
Building Director/ Fire Marshal
772-388-8235
From: Angela Taylor[mailto:Anoela.Tavlorontihhettslumber.wm 0 Sent: Monday, April 04, 2022 9:48 AM
To: Wayne Eseltine
Cc: 'Paula Hegi'
Subject: RE: Truss Order for 133 Admiral Cir.
This job has been booked. As far as paid for she will have to get a certified envelop requesting that
information from our credit department.
Attn: Terry Smith
Wayne Eseltine
From:
Paula Hegi <phe9il23@9mail.com>
Sent:
Thursday, April 07, 2022 4:17 PM
To:
Terry D. Smith; Wayne Eseltine
Subject:
Re: Statement of Account 133 Admiral Circle
Follow Up Flag:
Fallow up
Flag Status:
Flagged
Thank you, Terry.
Wayne, read below.
On Thu, Apr 7, 2022 at 4:15 PM Terry D. Smith<Tmv.Smith(ibtibbettstumber.com> wrote:
I only have access to items that have been entered into our point of sales system. At this time I fine no record of any
product ordered or delivered to the requested address. We did receive plans and provided a truss quote on 3/8/2021
but the quote was never signed and returned with the required cash deposit and based on our pricing policies, all
quotes must be accepted within 10 days and delivered within 30 days of the quote date, otherwise price is subject to
change or be voided.
Terry Smith
Credit Manager
3300 Fairfield Ave 5
St. Petersburg, FL 33712
Phone: 727-456-3525
Cell: 727-249-2300
www.tibbettslum ber-com
Date: 3/1 1/2022
Permit No: 21-1862
Work Description: NEW SINGLE FAMILY
Permit Address: 133 ADMIRAL CIR
BUILDING PERMIT PLAN REVIEW COMMENTS
Notice to applicant:
Your application for permit has been reviewed for code compliance. The following comments were
made regarding your project which requires correction and/or clarification. Please provide revised plans
as applicable to address the comments. Corrections require a plan correction/revision form to be filled
out and resubmitted through the City of Sebastian Building Department,
Building Status: General
Denied by Daniel Harney
1. PLEASE PROVIDE A COPY OF THE SEALED FLOOR PLAN, ELEVATION VIEWS FRONT,
BACK AND SIDES AND THE ELECTRICAL LAYOUT PLAN PAGE.
22 PLEASE PROVIDE A COPY OF THE SEALED TRUSS LAYOUT WITH TRUSS
IDENTIFICATIONS, THE PLAN PAGE S3 SUBMITTED LACKS TRUSS IDENTIFICATION, OR
HAVE THE ENGINEER OF RECORD SIGN AND SEAL THE TRUSS LAYOUT PROVIDED
FROM THE TRUSS MANUFACTURER
THANK YOU.