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FINDINGS OF FACT
Some facts are stipulated and are so found. The stipulated
facts and the exhibits submitted therewith are incorporated
herein by this reference. At the time he filed the petition,
petitioner resided in Palm Beach Gardens, Florida.
From August through December 2003, petitioner, a marble and
tile installer, worked on a condominium renovation for DBMA.
Barry Shapiro (Mr. Shapiro), president of DBMA, hired petitioner
to work on the condominium renovation.
Petitioner submitted a series of proposals to Mr. Shapiro
describing the work petitioner was to perform on the condominium
renovation. Mr. Shapiro contracted petitioner to perform the
tile work on the condominium renovation. In August 2003,
petitioner began work by honing the floors and showers of the
condominium and taking other preparatory steps in order to
complete his work. From August through December 2003, petitioner
worked a total of approximately 16 days on the condominium
renovation.
DBMA paid petitioner a fixed sum for his work on the
condominium renovation. If petitioner needed any additional
assistants, petitioner was responsible for hiring, paying, and
supervising them.
While working on the condominium renovation, petitioner
provided his own work tools. In addition to work tools,
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