Collier County Puts Marco Island Seawall Contractor on Probation

Duane Thomas Marine Construction was put on another probation by Collier County’s Contractor Licensing Board during their September 18 public meeting. The unanimous decision, 7-0, came after reviewing Duane Thomas’s most recent violation of receiving money for constructing a fence but not being approved for fence building in Collier County, board members said.

The board doled out a punishment of a $10,000 fine, 24 months probation, revoking the company’s ability to obtain new permits for six months as well as a requirement for Thomas to retake the business and law exam. 

“Dozens of seawall marine contractors are in Naples, Collier County, Marco Island, none come in front of this board as often,” said Contractor Licensing Board member Matthew H. Nolton regarding Thomas.

Board members asked Thomas’s attorney, Neil Snyder, what it would take to prevent Thomas from coming back before the board.

“He’s learned a great deal from this,” said Snyder, in Thomas’s defense. 

Snyder attempted to have the case dismissed, citing a lack of consumer representatives on the board and questioning the investigation by City of Marco Island and Collier County staff that led to the finding of a violation in regards to fence building on Marco Island. 

The Collier County Contractor Licensing Board’s attorney, Patrick Neale, has represented the Contractor Licensing Board for approximately 17 years and stated the vacancies on the board were not fatal to the hearing. The investigation of the violation of accepting money from Chris and Jordan Hennessy, for the purpose of constructing a fence without the proper licensing to do so, was also not in any way jeopardizing the validity of the case, according to Neale.

Fence height and licensing were among the violations on their property, county officials said. 

Snyder commended Thomas for his long history of work on Marco Island, for approximately 32 years, building 5,000 docks and boat lifts and 20 miles of seawall. 

Thomas constructed approximately 3,000 linear feet of seawall, more than half of a mile, so far this year alone, he added.

“This is extensive work that he does with pride,” said Snyder. 

Thomas was paid by the Hennessy family to construct a fence. However, Classified Access Control, LLC, also known as Classified Fence and Gate, was the company Thomas reportedly paid for the work. And it was Classified who had the license and permitting to install a fence, according to county officials. 

Jordan Hennessy said men working for Thomas were at her Marco Island home for breakfast, lunch and dinner, as well as naps, during the construction. She had done no business with Classified, she said. 

Thomas was before the county licensing board several times, including on May 17, 2023, for allegedly working prior to obtaining a permit at 834 Elm Court and on January 18, 2023, when Thomas had been on probation for 12 months due to the results of a case in 2022, according to county records.

Thomas has had approximately 100 total violations, including building without a permit, violations involving endangered species for owls and tortoises and staging, among others, said Collier County inspector and license compliance officer James Reynolds during that May meeting.

Thomas has said staging areas are needed on Marco Island. 

Many of Thomas’s violations have involved improper staging and his company has been the topic of complaints from people regarding noise and the nuisance of constructing seawall near residences, city and county records show. He has worked with the city in attempts to correct these and other matters, Thomas has said. 

In the course of defending his actions regarding accepting payment for constructing a fence despite not being licensed and permitted to do so on Marco Island, Snyder said Thomas has constructed fences prior, believing he had the right to do so. 

Thomas has 103 active permits, many of which he recently reactivated, said Timothy Crotts, supervisor of Collier County’s Contractor Licensing Division. 

Despite the six month restriction from obtaining new permits, Thomas will be able to work on these permits during that time. 

Thomas also said he is in the process of getting his general contractor's license. 

Thomas’s legal troubles have included a case with the U.S. Department of Labor involving firing an employee who reported workplace violence in violation of the Occupational Safety and Health Act in 2011. Duane Thomas Marine Construction is not accredited by the Better Business Bureau and has one complaint closed in the past 12 months listed on their website, bbb.org. 

“I apologize to the county and to you for having to go through this process,” said Thomas.

The Hennessys have taken to social media to warn people about Duane Thomas Marine Construction. 

“I want to help people not get in the situation that I am,” said Jordan Hennessy. “I don’t want anyone else to go through what I’m going through,” she said.

Hennessy said Duane Thomas Marine Construction built their fence too high, without the required variance and with a faulty gate that poses a risk to her children. The cost was $70,000, of which she paid $50,000 and is awaiting correction and completion of the construction, Hennessy added.

“He was on probation. How am I supposed to know that?” Hennessy pondered aloud. “I was blindsided,” she continued.

“Obviously, now, I would look every single person up and do my homework beyond belief and ask questions,” said Hennessy.

Tips for Hiring a Contractor

All contractors licensed to work in Collier County must have a valid contractor’s license, general liability insurance, and worker’s compensation insurance. Ask to see these. Almost all projects require a permit and an inspection. For jobs requiring a permit, make sure the contractor asks you to sign the “Notice of Commencement.” 

By checking the Better Business Bureau website, BBB.org, you may also check if a contractor is accredited, their rating and other customers’ comments.

Check with building officials to determine which projects require a building permit:

For the City of Marco Island, contact 239-389-5059 or email permitdesk@cityofmarcoisland.com.

Contact Collier County Growth Management by calling 239-252-2400.

City of Naples Building Department may be reached at 239-213-5020

Check a Contractor’s County and State Licenses: 

Check contractors county licenses by contacting the Collier County Licensing Department. Visit CollierGov.net or call 239-252-2431.

Review if the contractor has the proper license for the work requested; if the license is suspended or if the contractor is on probation.

Check State Licenses:

Verify state contractors by contacting the Florida Department of Business and Professional Regulation. Visit MyFloridaLicense.com or call 850-487-1395.

Reporting a Contractor

A person who reports a potential violation of a code or an ordinance must provide their name and address to the respective local government before an investigation may occur. 

Collier County has an online form to report issues with a contractor or if you suspect nonpermitted and/or unlicensed work is being performed. A compliance officer will review the information and reach out to you to help resolve the issue. Visit CollierCountyFl.gov and for additional information, questions or complaints, contact Collier County Contractor Licensing at 239-252-2431. Email ContractorsLicensing@colliercountyfl.gov. 

Contact Collier County After Hours Contractor Complaints at 239-252-5607. 

Also, suspected contractor violations may be reported to the state DBPR, 850-487-1395. The form is available on MyFlorida.com/dbpr.

Marco Island complaints may be reported by calling 239-389-5059 or by email at jreynolds@cityofmarcoisland.com. The form is available on CityofMarcoIsland.com. 

Complaints may be made to the BBB at BBB.org.