Sebastian construction board fines MKW Builders $1,500 and bars permit pulls for six months after faulty window installations

The City of Sebastian Construction Board on July 31, 2025 found that MKW Builders, LLC — licensed contractor Mark Walker — failed to install impact windows and associated components at 113 Redgrave Drive in accordance with manufacturer product approvals and the Florida Building Code, and voted to impose $1,500 in administrative fines and a six-month ban on pulling building permits within Sebastian.

The finding followed presentations from the City building official, testimony from the homeowner and an explanation by MKW Builders. Pete Sweeney, counsel for the building department, introduced the department—s case and called Building Official Wayne Esselstine to present inspection findings and photographic evidence. Esselstine testified that during an on-site inspection he and staff discovered the mullion clips were not installed, screws were missing or too short, and flashing and sealant details required by the notice of acceptance (NOA) and Florida Building Code were not in place. "If they're not installed correctly, they're not gonna withstand the pressures they were designed for, that they've been tested for," Esselstine told the board.

The nut graf: The board concluded there was enough evidence of code violations, contractor incompetence and financial harm to the homeowner to justify administrative penalties under the City of Sebastian Code of Ordinances. The board also noted it will report its disciplinary finding to the state as required by Florida law.

Most important facts first: the building department's presentation summarized the permit and inspection history. Permit 24-4148 was issued for window and door replacement at 113 Redgrave Drive; permit records and staff testimony show the job included an entry door, garage door, a skylight and multiple impact windows. The building department says the permit listed required inspections (framing and final). The first field inspection on April 28, 2025 noted missing or incorrect fasteners and requested documentation of clip installations. Subsequent on-site inspection on June 5, 2025 — attended by Esselstine and Deputy Building Official Dan Haney — found mullion clips not attached, wrong or missing screws, absent flashing and exposed wood framing in arched window openings.

Homeowner Steve Marini testified that after hiring MKW Builders he and his family experienced leaking windows and later retained a second contractor to remediate the work. Marini said the subsequent contractor documented missing clips, lack of flashing and other defects when windows were removed for repair; Marini told the board the house had been unprotected during part of hurricane season and said of the original installation, "you could push them right out." Diana Marini added that, after seeing the exposed framing and the work that was done, she was "thankful these people did not put the mullion clips in" earlier because the concealed defects would otherwise have been hidden.

Responding, a representative for MKW Builders (Ms. Walker, present via Zoom) and the company—s counsel acknowledged the company—s crew did not attach some mullion clips and that some screws were incorrect or missing, and said scheduling delays and product reorders contributed to an extended timeline. MKW Builders noted that many windows and other scope elements were installed without issue and disputed some of the building department—s procedural characterizations about how inspections were scheduled and handled. MKW—s representative told the board the company was prepared to correct the defects and that some parts of the job required additional framing work not included in the original contract, which the company said would raise costs for a repair that was not anticipated when the original quote was given.

Board action and rationale: After hearing staff, homeowner and respondent, the board cited three categories of alleged violations set out in the city—s ordinances (incompetency/misconduct in contracting; mismanagement causing financial harm; and deliberate disregard of applicable codes). The building department requested administrative fines and a permit-suspension. The board voted to impose a total administrative penalty of $1,500 (the board record shows $500 per violation across three alleged violations) and a six-month suspension on MKW Builders— authority to pull permits within the City of Sebastian. The board also conditioned future permit issuance in Sebastian on payment of the fines. The board chair noted the city will report the disciplinary finding to the state licensing authority on its regular reporting cycle.

What the board did not do: The board did not revoke the contractor—s state license (the board has local disciplinary authority; primary licensing discipline is handled by the Florida Department of Business and Professional Regulation). Board members made clear the city—s local orders would be reported to the state as required.

Context and background details: Building staff cited manufacturer NOAs and Florida Building Code requirements for window fasteners (manufacturer guidance in the record required No. 10 screws of about 2 1/2 inches to achieve specified embedment and fastening at 14 inches on center for particular window assemblies) and described differences between a simple replacement final inspection and the framing/attachment inspection the building official said was necessary to verify mullion clip and fastener attachment. Permit and project details presented to the board included permit number 24-4148, the address 113 Redgrave Drive, an original contract price listed in department records of $16,886, payments to date of $10,686, a remaining balance noted in the contractor—s lien of $6,200 and a construction lien filed by MKW Builders for $9,200 (the lien record in the presentation combined remaining contract balance and other claimed charges).

Bottom line: The Construction Board found the evidence supported local ordinance violations and adopted fines and a six-month local permit suspension; it also noted the matter will be reported to state licensing authorities as required by statute. The board left in place the homeowner's ability to pursue civil remedies and the option to file a complaint with the state licensing board.

Looking ahead: The board closed the formal disciplinary item and also considered, then dismissed, a separate appeal by MKW Builders concerning permit procedures and certain building department actions (the appeal was dismissed for lack of evidence on the specific grounds the board hears). The board's local disciplinary action will be forwarded to the state as part of routine reporting.