State begins inquiry into developer of townhomes
The man behind Nature's Watch, where residents are battling water damage, is being investigated for possible unlicensed contracting. 

 
Article and pictures Courtesy of the St. Petersburg Times
By ROBERT FARLEY
Published March 15, 2003 

EAST LAKE -- The state opened a formal investigation Friday into possible unlicensed contracting by developer Richard A. Geiger at a 182-unit townhouse development where homeowners are spending millions to fix water damage that construction experts say was caused by poor construction. 

The investigation by the state Department of Business and Professional Regulation was launched after a licensed contractor stated in an affidavit that Geiger had agreed to pay him $150 apiece to pull building permits at Nature's Watch, a complex built between 1992 and 1998. 

"I had no other responsibility," said Timothy E. Giddens, a Clearwater man employed as a full-time carpenter for the Pinellas County School District. 

Giddens said he had visited the East Lake job site once every three to four months, but had "no input into the hiring of subcontractors and suppliers or any financial responsibilities." 

"To my knowledge," Giddens stated, "all required supervision of this project was performed by Richard A. Geiger and (his business partner) Craig A. Burley." 

The voluntary affidavit, dated March 11, provided a major break in the 2-month-old investigation into poor construction at Nature's Watch, said James Varnado, director of the division of regulation for the Department of Business and Professional Regulation. 

State law requires that the contractor who pulls the building permits "actually supervise the project," Varnado said. 

"It looks to me like a setup," said Fred Brown, also of the DPR. 

If the accusations are proved, the department could issue administrative fines of up to $10,000 for each permit. If substantiated, the case likely would be forwarded to the State Attorney's Office for it to consider criminal prosecution. However, Brown said there may be an issue with the statute of limitations. Nature's Watch was built between 1992 and 1998. 

Reached Friday, Geiger said he had done nothing wrong. 

Geiger contested Giddens' claim that he had been paid simply to pull the permits. 

"I don't know why he's saying that," Geiger said. "He was totally responsible. The licensed contractor is totally responsible for the whole job." 

Geiger said a superintendent hired by his company hired the subcontractors and oversaw the day-to-day construction, but Giddens was ultimately responsible for the quality of the work. 

"There is no issue," Geiger said. "You hire a licensed contractor. It is his job to oversee the project. He doesn't have to be there every day." 

Giddens had a 5 percent share in the business, Geiger said, though he was not a corporate officer. 

"He didn't get paid to pull the permits," Geiger said. "He is our corporate licensed contractor." 

Said Brown of the DPR: "Our records don't reflect that" 

Geiger maintains that there was no problem with the construction work at Nature's Watch. The problem, he said, is that the buildings were not properly maintained by the residents or the management company they hired. The buildings must be repainted and recaulked every five years, he said, but that was never done. He also said a maintenance company hired by the homeowners association had power-washed the buildings and knocked out caulking. Then, he said, water seeped into the buildings for years and caused all the existing damage. 

"That's why they leak," he said Friday. "I didn't cause any of that." 

Geiger said he felt sorry for the residents, because now that a judge has appointed a receiver to oversee reconstruction, the residents have no control. 

Giddens concluded his affidavit by stating that he was willing to relinquish his state contractor's license. 

Varnado said unlicensing contracting is "a lot more common than it should be." Cracking down on it is a priority for his department, he said, because "it's where most of the consumer harm comes about." 

CLICK HERE TO READ THE REST OF THE STORY!
BACK TO HOA ARTICLES HOME BACK TO STORY