NATURE WATCH -
Agency requests penalties for builder

 
Article Courtesy of the St. Petersburg Times
By ROBERT FARLEY
Published June 19, 2003

EAST LAKE -- The state has filed a complaint alleging a Clearwater man used his credentials as a general contractor to pull permits to build the Nature's Watch townhouse development, then turned over supervision of the construction to an unlicensed developer.

Residents at the 182-unit development in East Lake are now paying millions to fix water damage that, construction experts say, was caused by poor construction.
 

Fred Brown of the Department of Business and Professional Regulation said he first sensed something was wrong when he met with Nature's Watch homeowners in August and found they had no idea who Timothy E. Giddens was.

"He's the guy who pulled your permits," Brown explained. "He's responsible for your project."

An affidavit from Giddens in March revealed that after he pulled the permits, Brown said, "He didn't really have anything else to do with it. When a licensed contractor 

pulls a permit, part of the deal is that he's supposed to be overseeing the entire project."Fred Brown of the Department of Business and Professional Regulation said he first sensed something was wrong when he met with Nature's Watch homeowners in August and found they had no idea who Timothy E. Giddens was.

"He's the guy who pulled your permits," Brown explained. "He's responsible for your project."

An affidavit from Giddens in March revealed that after he pulled the permits, Brown said, "He didn't really have anything else to do with it. When a licensed contractor pulls a permit, part of the deal is that he's supposed to be overseeing the entire project."

The complaint alleges that in 1991 Giddens made a deal with Richard Geiger, president of Eagles Reserve Inc., for Giddens to be paid $150 apiece to pull the permits for each unit at Nature's Watch.

In his affidavit, Giddens stated: "To my knowledge, all required supervision of this project was performed by Richard A. Geiger and (his business partner) Craig A. Burley." Neither Geiger nor his company was licensed to engage in construction contracting, the complaint states.

The department asks the Construction Industry Licensing Board to impose a penalty on Giddens, a carpenter for the Pinellas school district, that could include suspension or revocation of his contracting license, restitution to the homeowners of Nature's Watch and an administrative fine of up to $5,000 per permit.

Meanwhile, the department's investigation into unlicensed building by Geiger continues. Attempts to pursue criminal prosecution of Geiger ended when the State Attorney's Office determined the four-year statute of limitations had passed. Nature's Watch was built between 1992 and 1998.

In March, Geiger denied Giddens' claims and maintained there was no problem with the construction at Nature's Watch. The problem, he said, is the buildings were not properly maintained.
 

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