One of two dozen firms cited by the state for unlicensed activity in a wide-ranging permit-fraud investigation has sued a Naples planning and permitting firm, blaming it for jeopardizing the plaintiff’s projects, causing a nearly $106,000 loss and damaging its reputation.

Naples-based DWD Design Inc. and David Wainscott, who filed the lawsuit in Collier Circuit Court late last month, allege Octavio Sarmiento Jr., of ASSA Designs LLC, used retired architect Gene Cravillion’s state seal without Cravillion’s knowledge, breaching a contract Wainscott had with ASSA. The lawsuit alleges fraudulent misrepresentation, breach of contract and violations of Florida’s Deceptive and Unfair Trade Practices Act.

“DWD relied on ASSA’s and Mr. Sarmiento’s representations when providing the designs to contractors and owners, who then submitted them to the Collier County Building Department, City of Naples Building Department and City of Marco Island Building Department for approval,” the lawsuit says. “… As a direct result of defendants’ actions, plaintiffs became subject to an investigation by the Florida Board of Architecture and Interior Design, which jeopardized the projects that used DWD’s designs, and plaintiffs’ reputations.” Cravillion, 91, who suffers from Alzheimer’s disease, has been in a North Naples assisted- living facility since August 2022, but building departments received plans that fraudulently used his seal until January, as well as letters purportedly written by him. His son said someone even recently renewed Cravillion’s license for two years. The state Department of Business & Professional Regulation alerted building departments to the fraud and shut down his license in early February.

DBPR records show Wainscott has a history of unlicensed activity dating back to 1991, including fraudulently using the seal of architect Leonard LaForest after LaForest’s suspension in 2018 and his death in November 2021. Marco Island’s Building Services Division caught Wainscott using LaForest’s seal in 2023 and Cravillion’s seal in January. He’s introduced himself to homeowners as an architect or engineer but is not certified in either discipline.

In November 2023, the state Architectural and Design Board fined Wainscott $24,000 for using LaForest’s seal and assessed $497 in costs. It’s now investigating his use of Cravillion’s seal.

Florida statutes require registered architects to use the digital seals, which verify the authenticity of architectural documents, establish an architect’s identity and show safety- code compliance, structural integrity and adherence to local, state and national standards.

The lawsuit alleges that in February 2024, DWD and ASSA agreed DWD would pay ASSA $2,250 monthly for a licensed architect at ASSA to review structural design plans. From March 2024 to December 2024, DWD paid ASSA $24,750 and ASSA provided DWD with “what appeared to be approvals” after reviews by Cravillion, a licensed architect.

The designs were then submitted to building departments for approval. But in January 2025, the lawsuit says, Wainscott discovered ASSA and Sarmiento had used Cravillion’s seal without his knowledge and the designs had never been reviewed by a licensed architect or engineer, which prompted a state investigation.

As a result, the lawsuit says, Wainscott had to pay for a new engineer of record to review and re-certify multiple designs at a cost of $105,960.14, so far.

The lawsuit accuses Sarmiento of “knowingly and intentionally” representing that a licensed architect reviewed and signed off on the designs. It alleges he intended for Wainscott and DWD to “rely on the false representations to procure payment from DWD.”

Wainscott’s attorney, James Kurnik of Naples, declined to comment on the lawsuit or investigation, citing the pending litigation. Sarmiento has not returned calls or emails seeking comment.

The DBPR sent more than two dozen firms and owners — including drafting, planning, permitting and other building contractors — cease-and-desist orders in January, demanding they stop using the seal. However, several told The Naples Press they were unaware a fraudulent seal was being used and have provided the state board’s investigator with evidence. They say they contracted with Wainscott or Sarmiento and blame them.

By February, county officials said they’d flagged at least 400 single-family homes and commercial buildings totaling $40 million that had used the fraudulent state-issued architectural seal and by March, that number had grown as plans reviewers continued searching records.

The county is still reviewing about 200,000 permit applications dating back to August 2022 and has upgraded its software to expedite the process so it won’t affect other permits. Once the Cravillion review is completed, building officials say they’ll review permits that used LaForest’s seal.

Collier, Naples and Marco Island are first focusing on active permits — issuing stopwork orders if homes and commercial buildings are under construction. Homeowners and contractors must hire a new architect or engineer and re-submit their permit applications. Collier officials said the fraud spread through Southwest Florida to Sarasota County and hit a few areas on the East Coast.

It’s also being investigated by the Florida Department of Law Enforcement and local law enforcement agencies, and has been referred to the FBI.

Architect Greg Burke, vice chair of the Florida Board of Architecture & Interior Design and a member of the Northeast Florida Builders Association, told The Naples Press that plans involving a home’s structural components must be signed and sealed by an architect or engineer. They cannot review drawings after they’re completed, but must be involved in the project’s drawings from start to finish.

It doesn’t appear that that was occurring. Numerous homeowners have found structural defects and most are forced to go through arbitration, which is usually beneficial to the builder. Many involve Nova Homes of South Florida, whose management said it has severed ties with Wainscott and is now using Joshua Greenwell, an engineer who took over DVD Design.

In January, state Sunbiz records show, Wainscott’s name was removed as director, secretary and president and Greenwell assumed those titles, while Douglas Clark is listed as vice president.

Homeowners also are going through Code Enforcement or Contractor Licensing Board hearings and lawsuits. Many Nova Homes buyers learned their plans had fraudulent seals by both LaForest and Cravillion. They question why Nova Homes didn’t drop Wainscott after the LaForest fraud and point out Nova Homes alerted its Marco Island home buyers about the LaForest fraud in 2023, but didn’t alert buyers in Naples or Collier County.

The letter said Nova Homes was “blindsided” about the fraud and that its design firm, “a well-respected company used by many,” assured Nova it was “unaware of staff actions” and it wouldn’t happen again. The letter referred to Wainscott.

Collier County has revoked Nova Homes’ permit-pulling privileges pending repairs to a North Naples home, but it’s allowed to complete work on outstanding permits. Eric Pacheco, Nova Homes’ operations and sales manager, told The Naples Press it is also a victim of Wainscott and is working expeditiously to remedy any problems.

This story was published in The Naples Press on April 11.