Nevada State Contractors Board · Title: untitled Created Date: 9/12/2008 9:29:37 AM

Jim Gibbons, Governor Margi Grein, Executive Officer Fall/Winter 2008

Inside This Issue

Our Pat Potter Retires ..................... Page 3Company Profile ................................. Page 63rd Annual Mission Cool Off............ Page 7Criminal Cases ....................................Page 8Administrative Citations ................... 1Disciplinary Actions ...........................Page 12Commercial Builders Give Advice ...Page 15

Nevada State Contractors’ BillboardNevada State Contractors Board2310 Corporate Circle, Suite 200Henderson, NV 89074

Southern Nevada2310 Corporate Circle, Suite 200

Henderson, NV 89074

Northern Nevada9670 Gateway Drive, Suite 100

Reno, NV 89521

www.nscb.state.nv.us

By David F. Brown, Esq.Woodbury, Morris & Brown

The Nevada Supreme Court recentlypublished its decision in the case of LehrerMcGovern Bovis vs. Bullock Insulation,124 Nev. Adv. Op. No. 39. In the Bullockcase, the court tackled two issues criticalfor contractors: lien waivers and pay-if-paid clauses. The court struck each

provision concluding that they “wereunenforceable, based upon Nevada’spublic policy favoring the statutory rightto a mechanic’s lien.”

The underlying facts are that Bullockentered into a subcontract with Bovis,which waived Bullock’s lien rightsregardless of whether Bullock received

The Nevada StateContractors Board andthe Washoe CountySchool District arepleased to announcethe start of “ProjectSafeguard,” a commu-nity service projectdeveloped to helpfinance the installationof protective fencesaround elementary schools in theReno/Sparks area.

Approximately $40,000 is needed tofence six schools that include: JesseBeck, Reno; Elmcrest, Reno; Drake,Sparks; Kate Smith, Sparks; Smithridge,Reno and Verdi, Verdi.

For those wishing to contribute to“Project Safeguard,” a bank accounthas been established at Well FargoBank.

You may go to any branch of WellsFargo and donate to Bank AccountNumber 8045040790.

Lien Waivers, Pay-If-PaidStruck By High Court

Donations Needed To Help Schools

(See Bovis, Page 4)

We’re Going Electronic!

Billboard will no longer be printed as a magazine. Future issues will only be availableby e-mail. So make sure we have your correct e-mail address when renewing yourlicense, or by sending it to: [email protected]


Billboard will no longer beprinted as a magazine. Futureissues will be sent to contractorswith e-mail addresses. Billboardissues will continue to be postedon the Board’s website.

Make sure we have yourcorrect e-mail address when yourenew your license, or send it to:[email protected]

“It’s not the hand that signs the laws thatholds the destiny of America. It’s the handthat casts the ballot.”

— Harry Truman

Cindy Creighton, Executive DirectorNevada Subcontractors Association

Participating in the democratic processis a privilege and responsibility we allshare. It’s not enough to register to VOTE,

we all need to do it.With early voting taking place and

Election Day just around the corner, theairwaves are awash in ads for politicalcandidates, and our mailboxes are stuffedto overflowing.

“We The People” are responsible forwhat happens to us. And in a world ofprepared speeches, sound bites, negativeads and daily poll reports, voters are left toseparate truth from the fiction and the spin.

The 2008 election sea-son is extraordi-narily significantwith multipleinitiatives andreferendumsbeing proposed.To assist you insorting through the

Your Vote Does Make A Difference

(See Vote, Page 4)

Jim Gibbons, Governor

BoardMargaret Cavin, Chair

Spiridon G. Filios, Vice ChairRandy Schaefer Jerry Higgins

William “Bruce” KingGuy M. Wells

Michael Efstratis

Margi Grein, Executive Officer


Henderson, NV 89074Phone: (702) 486-1100FAX: (702) 486-1190


Reno, NV 89521Phone: (775) 688-1141FAX: (775) 688-1271

Websitewww.nscb.state.nv.us

Mission Statement“The Nevada State Contractors Board is committedto promoting integrity and professionalism in the

construction industry of Nevada.”

Art Nadler, EditorRanya Botros, Editorial Assistant

Phone: (702) 486-1139FAX: (702) 486-1176

Nevada StateContractors Board

The Contractors’ Billboard is published by the Nevada State Contractors Board as a service to licensed contractors to promote a better understanding of Nevada contracting law and to provide information of interest to all construction professionals. This information is believed to be accurate at the time of publication.The Contractors Board and the State of Nevada assume no responsibility for any damage that arises from any action that is based on information found in this publication.

C 2008 Nevada State Contractors Board

Across The BoardJanuary 1, 2008 through June 30, 2008

Investigations DivisionCompliance Investigations

Investigations Conducted ..................................... 1,902Investigations Closed ............................................ 1,778Licenses Revoked ....................................................... 49Fines Assessed .................................................$420,450Investigative Costs Assessed .................... $250,033.47Recovery Fund Claims Awarded ................$673,795.57

Criminal InvestigationsInvestigations Conducted ........................................ 656Investigations Closed ............................................... 617Felony Cases Filed ......................................................70Criminal Complaints Filed with District Attorney ..... 87Citations Issued ......................................................... 134Convictions .................................................................154Restitution Ordered by Court ..................... $373,083.69Fines Assessed by Court .................................. $42,633

Licensing DivisionNew License Applications Received .....................1,752New Licenses Issued ............................................. 1,278License Change Applications Received ............... 3,203 Licensed Nevada Contractors ..............................17,837

Contractors’ Billboard Contractors’ Billboard Page 15

Many people are closely monitoringthe commercial real estate environmentthroughout Nevada, clearly one of thehealthiest markets in the nation.Commercial Builder/Architect Magazinerecently sat down with three of Nevada’smost successful commercial developers,Margaret Cavin of J & J Mechanical Inc.in Sparks, Bruce King of Pete KingNevada Corp. in North Las Vegas andKim Gregory of Hansen MechanicalContractors Inc. in Las Vegas. Cavin andKing are current Board members of theNevada State Contractors Board, andGregory is a former Board member.

——-Commercial Builder/Architect: What isthe best advice you can give commercialcontractors before they start a projectin Nevada?

Kim Gregory: Makesure your contractorlicense and all neces-sary business licensesare current. Reviewthe Nevada StateContractors Board’slaws, if you are anout-of-state contractor.The laws includeChapter 624 of the Nevada RevisedStatutes, and the Nevada AdministrativeCode. Have your Nevada contractor’slicense before biding on any work.

Bruce King:Understand, bid andplan to build per plansand specifications.Few building depart-ments in the countryare as particular as theClark County area.

CB/A: What advice can you give indealing with the Nevada StateContractors Board?

KG: Always tell the truth and be straightup with the Board.

Commercial Builders Give Advice On Conducting Business BK: Staff and Board are very helpful. Thekey is to make requests early and timely.

Margaret Cavin:Once a contractor islicensed in Nevada,most will probablyhave minimal dealingswith the Board. Iwould suggest to anycontractor to takeadvantage of theContractors Board’swebsite. It is a great resource tool. Ipersonally use it all the time.

CB/A: What misconceptions, if any, dogeneral contractors and subcontractorshave both before starting a commercialproject and also during itsdevelopment?

KG: That they will always be paid ontime or even paid at all. Read yourcontract and check out the owner ordevelopers. Check both the banks and/orfinancing on the project. Make sure toverify all subs are licensed prior toissuing any subcontracts.

BK: Too many assumptions.Documentation is important and cansave tremendous costs and headaches.

CB/A: What have been somereoccurring issues concerningcommercial development that hascome before the Board?

KG: Proper license limits andclassifications. Ask the Board to explainthe license classification, if there are anyquestions or concerns.

BK: Bidding beyond their limits, and laterequests for one-time increases in limits.

CB/A: Before bidding on a project,what should commercial contractorskeep in mind?

KG: Do they have the proper financialbacking to do the job? Can they pay theirbills and others for 90 days withoutreceiving any payment? Nevada law does

not allow certain down payments. Makesure they file pre-lien notices, as requiredby law. Again, read the contract beforesigning it.

BK: Be realistic with your experience andabilities.

CB/A: You are all successful commercialcontactors. In your opinion, what madeyou so successful?

KG: Dealing with qualified owners,projects and general contractors. Again,being upfront and honest with people.Making sure my company and my peopleperform as expected.

BK: A good reputation for completingquality work, a desire to satisfy ourcustomer and COLLECTING MONEYOWED TO US.

CB/A: What are some common issuescontractors need to address whendealing with OSHA? The ContractorsBoard? The various county and citypermitting departments?

KG: Communication with any governmentagency is the most important issue thatI’ve seen in the past. Safety people haveto stay informed on OSHA’s ever-changingrequirements and regulations. Tradeorganizations and contractors need to beaware of the Contractors Board’s issuesand changing requirements and orproblems. The same thing exists regardingthe various building departments, which iseven more confusing due to theindependent nature of each different cityor county you are dealing with.

BK: When there are issues, and there willbe if a contractor does a fair amount ofwork, easy communication (they knowwho in your company they need to dealwith and that person follows up withoutadditional work on their part) and acommitment to quickly resolve theproblem is important.

Reprinted From Spring/Summer ‘08Commercial Builder/Architect Magazine

(See Commercial, Page 13)

Contractors’ Billboard Contractors’ Billboard

Under InvestigationSalesman Gary Hess Sought

For Alleged Unlicensed Contracting

REF: Gary Thomas HessDES: W/M, 5’11”, 255 lbs.,

gray hair, brown eyes Status: Under Investigation

Gary Thomas Hess, dba Coast toCoast Carports, Inc., has amisdemeanor warrant issued on him from CanalTownship Justice Court, Lyon County, for allegedlycontracting without a license. Hess is anunlicensed contractor and salesman for Coast toCoast Carports, Inc. He receives a commission forselling carports, including the cost of installation.He allegedly has failed to obtain building permitsfor the installatioin of carports. Coast to CoastCarports, Inc., is not licensed to do business inNevada.

• Any agency with information or leads that can assist in the investigation, please contact:

Nevada State Contractors Board Fred Schoenfeldt, Supervisor Criminal Investigations (775) 688-1150, Extension 7884

Marisa McIntosh Aitken FacingMisdemeanor, Felony Warrants

REF: Marisa McIntosh Aitken, aka Marisa Cole

DES: W/F, 5’5”, 140 lbs., blonde hair, blue eyes

Status: Under Investigation

Marisa McIntosh Aitken, dbaAdvanced Glazing & Design, LLC, dba West CoastSunrooms, has two warrants issued, one with HendersonJustice Court and one with Las Vegas Justice Court forcontracting without a license (misdemeanor) and diversionof funds (felony). She allegedly takes large deposits upfront and does little or no work and then abandons theprojects.


Nevada State Contractors BoardKenny Peppley, Supervisor Criminal Investigations(702) 486-1100, Extension 1144

(Contracting without a license is a crime in the State Of Nevada. Persons shown here have not been convicted of the charges and are presumed innocent)

Staff SpotlightLicensing Supervisor Pat PotterRetires After 15 Years At Board

Many contractors and Nevada StateContractors Board employees know PatPotter as the Board’s Southern NevadaLicensing Department supervisor. Quiet,thorough in her review of new licenseapplications and deadpan serious when tes-tifying at Board meetings. But much likeClark Kent’s Superman alter ego - PatPotter has a secret identity.

Back in the 1970s, you might have seenPat rocketing across the Nevada desert,crammed behind the wheel of a single-seatoff-road racing buggy. Then again, youcould have spotted her at drag stripsthroughout Nevada, California and Texas,carefully keeping scores and times forsome of the world’s top racers. Fameddragster legends Don “Big Daddy” Garlettand Mickey Thompson where some of

“Pat has been an integral part of our

Southern Nevada staff for many years.Her knowledge of the Las Vegas areaand its residents has proven extremelyvaluable over the years. She is caring,compassionate, responsible and loyal.We will miss Pat’s delightful sense ofhumor and her delicious banana-splitcakes!”

— Margi Grein,Executive Officer

“Pat has been an important part of our

Southern Nevada office for the past 15years. There are many adjectives todescribe Pat – compassionate,knowledgeable, dependable and kindare just a few. She has a delightfulsense of humor and great interpersonalskills. She has provided guidance tomany employees, licensees andapplicants over the years. Pat will besorely missed - not only as a greatemployee, but as a wonderful friend.”

— Nancy Mathias, Administrator of Licensing

“Pat has always impressed me as

someone who always gave that littleextra effort to assist the licensees withtheir problems. She really cared for thelicensees, and made lifelong friends ofmany licensees.”

— George Lyford, Director of Investigations

“It has been a pleasure working with

Pat for the past 15 years. Through theyears, we developed a close workingrelationship and shared manyexperiences and ideas. I will miss herkindness, compassion and herwonderful sense of humor. I wish herall the best.”

— Kathy Stewart, N. Nevada Supervisor of Licensing

Pat Potter and her husband, Ray, are restoring several antique cars(See Pat, Page 5)

Vote ...


candidates and issues you can log onto theNevada Secretary of State’s website:www.sos.state.nv.us/elections.Those looking for more local informationin Clark County should access theRegistrar of Voters website:www.accessclarkcounty.com/electionsand in Washoe County:www.co.washoe.nv.us/voters.Bill drafts submitted for consideration inthe 2009 legislative session are reviewableat: www.leg.state.nv.us

Politics surrounds us. Each of usrecognizes that on Nov. 4, 2008, Americawill choose a President. This electionyear is unlike any we have seen before andthe outcome of the federal, state and localraces will have a profound effect on thecourse of the construction industry and theeconomic stability of our communities andpersonal finances. For Nevadans, therewill be important legislative debates aboutthe way we do business: constructionlitigation, insurance, taxes, safety, growth,and water resources. In addition,numerous District Court and SupremeCourt rulings will set precedent ondecisions rendered for years to come.

(Continued from Page 1)

any payment. Additionally, the subcontractprovided that Bovis had no obligation topay Bullock, if it had not been paid by theVenetian Hotel.

The court struck the lien waiverbecause a “contractor has a statutory rightto a mechanic’s lien for the unpaid balanceof the price agreed upon for labor,materials, and equipment furnished.” Thecourt further reasoned that the purpose ofthe lien statutes are to secure payment tothose who perform labor, or furnishmaterial to improve property of an owner.

After tossing the lien waiver, the Courtaddressed the pay-if-paid provision. Thecourt noted that Bullock’s subcontractpredated the 2001 enactment of NRS624.624-626, which made pay-if-paidprovisions unenforceable; but found that“because a pay-if-paid provision limits asubcontractor’s ability to be paid for work

already performed, such a provisionimpairs the subcontractor’s statutory rightto place a mechanic’s lien on the con-struction project.” The court would notenforce the pay-if-paid clause because itwould limit contractors’ lien rights, whichthe court determined would violateNevada’s public policy of securingpayment for contractors.

The Court concluded that not everylien waiver violates public policy, andeach lien waiver must be analyzed on acase-by-case basis by considering whetherthe waiver fails to secure payment forcontractors. It seems then that in Nevada,only lien waivers issued in exchange forpayment are enforceable.

The Bullock decision has its critics.While it benefits some contractors, it putshigher-tier contractors in a financial vicebetween non-paying owners and unpaidlower-tier contractors or material-men.

Under the Bullock case, in today’s marketwhere owners are going under and lendersare refusing to disburse loan proceeds, thegeneral contractor bears an extraordinaryburden. What will be the ultimate,long-term effect of the Bullock case oncontracting strategies in Nevada remainsto be seen.

Bovis ...

Contractors and subcontractorsunderstand they can no longer simplypaint houses, plumb a kitchen sink, framea window, or provide the hardware forinterior doors. Every part of yourbusiness is affected by government:business taxes, payroll taxes, buildingpermits, and licensing.

Elections are decided by those whoshow up. Time is short. The stakes arehigh. Be an informed voter. Know whothe candidates are and what they stand for.Understand the impact of the ballotinitiatives you will vote on.

Together, we can secure a future forNevada not based on limitation, butunprecedented opportunity. But to do it,we must all work together . . . and it muststart at the ballot box.

The races are close, and on ElectionDay your vote will make all thedifference.


Board Disciplinary Actions: 1/01/08 - 6/30/08

IC=Investigative Costs Ltr of Rep=Letter of Reprimand F=Fine R=Restitution

(Please refer to the NSCB website for a list of violations)


CB/A: Commercial development inNevada never really experienced theslowdown that residential developmentdid? Why is that? And shouldcommercial developers take heart ofwhat happened in the residential arenafor fear that the same thing mighthappen to them?

KG: This is not right. The Commercialside of Nevada has had several slowdowns,1968-1973, 1982-1986, 1992-1994 and2001-2003. Nevada is subject to the samenational issues as every other state.

The bigger we get, the more that will bethe case. The financing for the casinoindustry has always been ever-changingand difficult. Growth is the issue, and itwill affect both commercial andresidential, but probably not at the sametime.

BK: Commercial will follow housing. It’snot overbuilt as housing is/was, butcommercial construction always followsresidential rooftops. If housing picks upin the next year, I’m hopeful the downturnin commercial construction will not be toodeep.

MC: In Northern Nevada, commercialdevelopment is still catching up with theresidential boom. I believe that commercialbuilding will continue at a steady pace withno slow down in sight. With currentinterest rates, commercial/industrialdevelopment is very attractive.

(Continued from Page 15)Commercial ...

Contractor Education ClassesGo to: www.nscb.state.nv.us

and click on the Application & Contractor

Information button and then on

Construction Education


Pat Potter ...Board Disciplinary Actions: 1/01/08 - 6/30/08



(See Disciplinary Actions, Page 13)

Pat’s closest friends.Pat, along with her husband, Ray, used

to own the High Desert Racing Association.Every year, hordes of off-road racerscompeted in this organization’s prestigiouscircuit series that crisscrossed some ofSouthern Nevada’s roughest terrain. TheSCORE racing association would eventuallybuy the race series from the Potters.

Surprised?Wait – there’s more!Pat used to own Pat’s Heavenly

Creations, a country store/antique shop onDecatur Boulevard, located between LakeMead Boulevard and Rancho Road in LasVegas. Stuffed dolls were her specialty,including one cute little honey bear that theDisney Corporation found to be one of itstop sellers.

Pat came to Las Vegas in 1957 in an old1936 Ford. Back then, there were only threehigh schools in Clark County – Gorman,Basic and Las Vegas High School, wherePat graduated from in 1961. She met herhusband when he bought that old familyFord.

“My mother said that I came with thecar,” Pat says with a little laugh and fondtwinkle in her eye. “Since we have beentogether, it has been cars in one form oranother.”

Born and raised in Las Vegas, Ray usedto own Las Vegas’ iconic 5th Street Liquor.The Potters donated this favorite localwatering-hole neon sign to The NeonMuseum a couple years ago, which thehistorical organization quickly put ondisplay in the downtown Las Vegas FremontStreet Experience. Ray also used to ownRay’s Beaver Bag, another Las Vegas land-mark that specialized in black-powder guns,knives, teepees, cast iron cookware, etc.

“It was like an old general store,” Patremembers. “Something mountain menwould like.”

To this day, Ray occasionally hangs outwith his buddies at mountain-men wilder-ness outings – but not Pat.

“My idea of camping is staying at theHilton, and not in some teepee,” she sayswith a laugh.

Pat retired from the Board in July 2008,after 15 years of service.

She and Ray are currently restoringsome family heirlooms – a 1915 Cadillac,a 1913 Pope Hartford, a 1929 Ford“Woody” station wagon, a 1911 Model-TFord Touring sedan and a 1931 Phaeton.They plan to enjoy their retirement takingpart in various Horseless Carriage Clubof America car outings and an occasionalvintage auto parade.

The Potters also will relish being ableto spend more time with their fourdaughters: Dawn; twins Shiela andSheryl; Carolyn and six grandchildren,Ashlin, 22; Morgan, 15; Katie, 5; Aaron,19, Zack, 11; and Robbie, 7. Pat andRay, unlike many American families, arefortunate to have all their children andgrandchildren living in Southern Nevada.

“The Board is a wonderful organiza-tion to work for,” Pat says. “Managementis very good to its people. I will misseveryone terribly.”

To this day contractors, who Pathelped when she was a license analyst,call her when they have questions.

“I like helping people,” Pat says. “Idid this for so many years with racing.It’s just something I enjoy doing. Youhave to remember that you are dealingwith people’s livelihoods (when they

apply for a contractor’s license). I alwaysask myself, ‘Would I want to have thisperson do work in my daughter’s home?’It is a huge responsibility to sign off on aperson’s application.”

When Pat started at the Board, the staffwas small and each licensing analyst dideverything from taking in new applicationsto recording address changes andprocessing renewals and officer changes.Back then, she was in charge of contractorswhose names began with the letter A.When she retired, Pat was supervising astaff of 14 employees.

“I think you have to listen to each ofthem (the analysts), and you have to befair,” Pat says with the voice of a mentor.“And you need to give them direction.”

Thanks Pat. Enjoy your retirement. You have earned it.


Pat and Ray pose with their 1929 Ford “Woody” Station wagon


raised his insurance rates.In general, if problems arise on the

job, they are fixed immediately.“We’re a legitimate company, and ifsomething goes wrong, you call us up,and we’ll go fix it…It doesn’t matterwhat it costs, we’ll make sure it’sdone right,” Hoolihan says.

At Hoolihan’s Excavating, Inc.,safety is the No. 1 priority. Hoolihansays they have safety meetings everyweek. “We realize this is a dangerousbusiness, and we let our guys knowit’s a dangerous business.” As a resultof their regularlyscheduled safetymeetings, theyhaven’t had anyemployees seri-ously injured onthe job.

Quality andtimeliness isvery important toHoolihan’sExcavating, Inc.Employees areexpected to per-form their jobsas if it were theirown project. And it is also importantthat customers are taken care of in atimely manner, Hoolihan adds.

Hoolihan recommends thatcontractors “be fair, honest and do agood job.” During these tough

economictimes, somecontractorswho find ithard to findwork, mayresort to per-forming workbelow cost tomake equip-ment pay-ments. It isimportant for

contractors to make a little profit,Hoolihan says. Even if we are encoun-tering economic hardships, Hoolihansays, “Keep on bidding, and you’ll getone. And if you get them all, you’re introuble. You’re bidding too cheap.” Healso recommends that contractors con-stantly be actively searching for jobs.

“This is a very fun, interesting fieldthat we’re in, and it’s exciting,” hesays. In the future, Hoolihan plans onexpanding his family-owned business.He also hopes that one day his nephewwill take over his company.

One may

ask how someonecan build asuccessfulcompany. ForJon Hoolihan,owner ofHoolihan’sExcavating, Inc.,the answer issimple. Hoolihanattributes the success of his companyto hard work and dedication.

His company just celebrated its30th anniversary, but beforeHoolihan opened his own company,he worked for different contractors inLas Vegas, including Acme Electricwhere he was a backhoe operator.

“I always wanted to be inbusiness for myself,” Hoolihan says.“I didn’t have a lot of money, but Ibought a backhoe, and it wasexciting.” Before obtaining hiscontractor’s license, Hoolihanworked extremely hard but reallyenjoyed the type of work he did.

“At that time, I truly…workedseven days a week, 17 hours a day,and then I studied at night to get mycontractor’s license,” he says. Hiswife ran the business from theirhome when they first started. Now,Hoolihan employs 20 people.

Hoolihan says his companyspecializes in underground dryutilities, such as power, telephone,cable television and street lights.

Over the years, rules havechanged in his industry.Construction-defect cases concernhim the most. Even though hiscompany was never found inviolation of construction-defect laws,he says these cases have cost hiscompany a great deal of money and

Company ProfileHoolihan’s Excavating: A Company Built On Hard Work

Administrative Citations(Continued from Page 10)

Jon Hoolihan recentlycelebrated 30 years inthe excavating business.


Administrative Citations1/1/08 - 6/30/08 -- All Paid Investigative Costs

(See Administrative Citations, Page 11)

Blake Ballard, general manager Sahara Air; fromleft; Marcus Gonzales, installer; Chad Richards,installer; Joe Terry, manager of Dick WorthenDistributing; and Kathleen Ludyen.

The Pope family, from left back; Daniesha, 17;Patsy, 49; front from left; Anthony, 8; Willie, 4;Nashanti, 5; and Ashaun, 5.

Sierra Air contractors Troy Putman, servicemanager, from left; Juan Estrada, installer; andDennis Ong, service manager.

3rd Annual Mission Cool Off Program

Five Families Receive Free Air Conditioners

Deborah Strangfeld, from left, and Rena Gorreenjoy their new air conditioner after being selectedin the 3rd Annual Mission Cool Off program.

Sun Country employees who installed RenaGorre’s AC unit are, from left: Arlo Novotny, JoseMendoza, Joseph Rullo and Tony Hernandez.

The 3rd Annual Mission Cool OffProgram helped five households this year.This annual program is co-sponsored bythe NSCB and the Southern Nevada AirConditioning Refrigeration ServiceContractors Association (SNARSCA).Every year, homeowners are chosen toreceive new air conditioners based ontheir special circumstances.

Rena Gorre, 79, was one of threehomeowners selected this year. “I’mhappy, and I can’t wait to hear it turn on,”Gorre said after receiving her new unit.She suffers from kidney disease and hasbeen on dialysis for nearly 2½ years.

Gorre’s daughter, Deborah Strangfeld,50, suffers from asthma and has a spinalcord disability. “We couldn’t afford tobuy a unit ourselves,” Strangfeld says.Her 40-year-old AC unit came with thehouse.

Tony Hernandez, install supervisor forSun Country Heating and Cooling,supervised Gorre’s installation. “We liketo help the community,” Hernandez says,adding that his company participates inthe program every year. “You sleepbetter…knowing that you’re honest,and…helped someone out.”

Another recipient of a new unit wasPatsy Pope, 49, who heard about MissionCool Off on television. She was verysurprised to be chosen. “I just didn’tthink that I was going to be…one of thechosen,” Pope says.

Pope recently lost her full-time job of

19 years, but was called back on apart-time basis. She is a single parentwho takes care of her daughter and twogranddaughters.

“I am very thankful,” she says. “Ireally didn’t think that people really caredin the community. When this happened tome, it showed me people do care.”

Troy Putman, service manager forSierra Air Conditioning and vice presidentof SNARSCA, assisted with the installa-tion of Pope’s new air conditioner. “Ourowner (has) been a very big supporter ofSNARSCA and any program that we’reinvolved in. And they always want togive back to the community,” Putmansays.

The best part of helping others,

Putman says, is the personal contact hehas with them. He enjoys seeing people’sjoy after being helped.

The third person chosen was 72-year-old Kathleen Ludyen. Ludyen lives on afixed income, so she couldn’t afford toreplace her old unit. She was injured onthe job and is limited in the types of jobsshe can perform. When Ludyen waschosen for the program, she said, “I wasjust overwhelmed and very grateful, verygrateful.”

“I can’t tell you how grateful I am thatI got this because I just had a knot in mystomach thinking about the wholesummer coming up and being hot, andthen everybody was so nice about…

(See Mission Cool Off, Page 9)


Criminal Cases Prosecuted: 1/01/08 - 6/30/08By Nevada law, the Nevada State Contractors Board has the authority to issue citations and pursue prosecutionof individuals for violations ranging from contracting or advertising without a license to fraud. The following arethe convictions and penalties imposed by the courts from January 1, 2008 through June 30, 2008.

AA=Administrative Assessment IC=Investigative Costs F=Fine R=Restitution PB=Plea Bargain

Criminal Cases...(Continued from Page 8 )


(Continued on Page 9 )

Mission Cool Off ...(Continued from Page 7 )

coming out and putting it in,” Ludyensays. “It just really makes you feel asthough people do care.”

Blake Ballard of Sahara AirConditioning and Heating, Inc. aided inthe installation of Ludyen’s new unit.Her old unit was a 6-sear operating at4-sears. Her new air conditioner is a13-sear. Ballard said Ludyen should saveabout 70 percent on her energy bills.

Sahara Air Conditioning and Heating,Inc. has been operating in Las Vegas for28 years. Because the community has

brought a great deal of success to hiscompany, Ballard feels they need to givesomething back.

“We’ll always be available to…workin this program,” Ballard says. “We thinkit is an excellent opportunity for peoplewho are in need of systems to get them.

“We’re just glad to be involved. Itmakes us feel good to…know that we’redoing something to help the community.”

Additionally, homeowners AnnaFleming and Jennie Lopez were chosen tohave their units repaired through MissionCool Off.

The following SNARSCA member

companies donated either equipment orlabor for the 3rd Annual Mission CoolOff Program: Dick Worthen Distributingand American Standard Crane (Manitex);Ferguson Heating and Cooling;Hacienda Air, LLC; Lennox Industries;Sahara Air Conditioning and Heating,Inc.; Sierra Air Conditioning; S O SRepair LLC; Sun Country Heating andCooling; Universal Refrigeration, Inc.and Walker Crane.


Criminal Cases Prosecuted: 1/01/08 - 6/30/08By Nevada law, the Nevada State Contractors Board has the authority to issue citations and pursue prosecutionof individuals for violations ranging from contracting or advertising without a license to fraud. The following arethe convictions and penalties imposed by the courts from January 1, 2008 through June 30, 2008.


Criminal Cases...(Continued from Page 8 )


(Continued on Page 9 )

Mission Cool Off ...(Continued from Page 7 )

coming out and putting it in,” Ludyensays. “It just really makes you feel asthough people do care.”

Blake Ballard of Sahara AirConditioning and Heating, Inc. aided inthe installation of Ludyen’s new unit.Her old unit was a 6-sear operating at4-sears. Her new air conditioner is a13-sear. Ballard said Ludyen should saveabout 70 percent on her energy bills.

Sahara Air Conditioning and Heating,Inc. has been operating in Las Vegas for28 years. Because the community has

brought a great deal of success to hiscompany, Ballard feels they need to givesomething back.

“We’ll always be available to…workin this program,” Ballard says. “We thinkit is an excellent opportunity for peoplewho are in need of systems to get them.

“We’re just glad to be involved. Itmakes us feel good to…know that we’redoing something to help the community.”

Additionally, homeowners AnnaFleming and Jennie Lopez were chosen tohave their units repaired through MissionCool Off.

The following SNARSCA member

companies donated either equipment orlabor for the 3rd Annual Mission CoolOff Program: Dick Worthen Distributingand American Standard Crane (Manitex);Ferguson Heating and Cooling;Hacienda Air, LLC; Lennox Industries;Sahara Air Conditioning and Heating,Inc.; Sierra Air Conditioning; S O SRepair LLC; Sun Country Heating andCooling; Universal Refrigeration, Inc.and Walker Crane.


Administrative Citations1/1/08 - 6/30/08 -- All Paid Investigative Costs

(See Administrative Citations, Page 11)

Blake Ballard, general manager Sahara Air; fromleft; Marcus Gonzales, installer; Chad Richards,installer; Joe Terry, manager of Dick WorthenDistributing; and Kathleen Ludyen.

The Pope family, from left back; Daniesha, 17;Patsy, 49; front from left; Anthony, 8; Willie, 4;Nashanti, 5; and Ashaun, 5.

Sierra Air contractors Troy Putman, servicemanager, from left; Juan Estrada, installer; andDennis Ong, service manager.

3rd Annual Mission Cool Off Program

Five Families Receive Free Air Conditioners

Deborah Strangfeld, from left, and Rena Gorreenjoy their new air conditioner after being selectedin the 3rd Annual Mission Cool Off program.

Sun Country employees who installed RenaGorre’s AC unit are, from left: Arlo Novotny, JoseMendoza, Joseph Rullo and Tony Hernandez.

The 3rd Annual Mission Cool OffProgram helped five households this year.This annual program is co-sponsored bythe NSCB and the Southern Nevada AirConditioning Refrigeration ServiceContractors Association (SNARSCA).Every year, homeowners are chosen toreceive new air conditioners based ontheir special circumstances.

Rena Gorre, 79, was one of threehomeowners selected this year. “I’mhappy, and I can’t wait to hear it turn on,”Gorre said after receiving her new unit.She suffers from kidney disease and hasbeen on dialysis for nearly 2½ years.

Gorre’s daughter, Deborah Strangfeld,50, suffers from asthma and has a spinalcord disability. “We couldn’t afford tobuy a unit ourselves,” Strangfeld says.Her 40-year-old AC unit came with thehouse.

Tony Hernandez, install supervisor forSun Country Heating and Cooling,supervised Gorre’s installation. “We liketo help the community,” Hernandez says,adding that his company participates inthe program every year. “You sleepbetter…knowing that you’re honest,and…helped someone out.”

Another recipient of a new unit wasPatsy Pope, 49, who heard about MissionCool Off on television. She was verysurprised to be chosen. “I just didn’tthink that I was going to be…one of thechosen,” Pope says.

Pope recently lost her full-time job of

19 years, but was called back on apart-time basis. She is a single parentwho takes care of her daughter and twogranddaughters.

“I am very thankful,” she says. “Ireally didn’t think that people really caredin the community. When this happened tome, it showed me people do care.”

Troy Putman, service manager forSierra Air Conditioning and vice presidentof SNARSCA, assisted with the installa-tion of Pope’s new air conditioner. “Ourowner (has) been a very big supporter ofSNARSCA and any program that we’reinvolved in. And they always want togive back to the community,” Putmansays.

The best part of helping others,

Putman says, is the personal contact hehas with them. He enjoys seeing people’sjoy after being helped.

The third person chosen was 72-year-old Kathleen Ludyen. Ludyen lives on afixed income, so she couldn’t afford toreplace her old unit. She was injured onthe job and is limited in the types of jobsshe can perform. When Ludyen waschosen for the program, she said, “I wasjust overwhelmed and very grateful, verygrateful.”

“I can’t tell you how grateful I am thatI got this because I just had a knot in mystomach thinking about the wholesummer coming up and being hot, andthen everybody was so nice about…

(See Mission Cool Off, Page 9)


raised his insurance rates.In general, if problems arise on the

job, they are fixed immediately.“We’re a legitimate company, and ifsomething goes wrong, you call us up,and we’ll go fix it…It doesn’t matterwhat it costs, we’ll make sure it’sdone right,” Hoolihan says.

At Hoolihan’s Excavating, Inc.,safety is the No. 1 priority. Hoolihansays they have safety meetings everyweek. “We realize this is a dangerousbusiness, and we let our guys knowit’s a dangerous business.” As a resultof their regularlyscheduled safetymeetings, theyhaven’t had anyemployees seri-ously injured onthe job.

Quality andtimeliness isvery important toHoolihan’sExcavating, Inc.Employees areexpected to per-form their jobsas if it were theirown project. And it is also importantthat customers are taken care of in atimely manner, Hoolihan adds.

Hoolihan recommends thatcontractors “be fair, honest and do agood job.” During these tough

economictimes, somecontractorswho find ithard to findwork, mayresort to per-forming workbelow cost tomake equip-ment pay-ments. It isimportant for

contractors to make a little profit,Hoolihan says. Even if we are encoun-tering economic hardships, Hoolihansays, “Keep on bidding, and you’ll getone. And if you get them all, you’re introuble. You’re bidding too cheap.” Healso recommends that contractors con-stantly be actively searching for jobs.

“This is a very fun, interesting fieldthat we’re in, and it’s exciting,” hesays. In the future, Hoolihan plans onexpanding his family-owned business.He also hopes that one day his nephewwill take over his company.

One may

ask how someonecan build asuccessfulcompany. ForJon Hoolihan,owner ofHoolihan’sExcavating, Inc.,the answer issimple. Hoolihanattributes the success of his companyto hard work and dedication.

His company just celebrated its30th anniversary, but beforeHoolihan opened his own company,he worked for different contractors inLas Vegas, including Acme Electricwhere he was a backhoe operator.

“I always wanted to be inbusiness for myself,” Hoolihan says.“I didn’t have a lot of money, but Ibought a backhoe, and it wasexciting.” Before obtaining hiscontractor’s license, Hoolihanworked extremely hard but reallyenjoyed the type of work he did.

“At that time, I truly…workedseven days a week, 17 hours a day,and then I studied at night to get mycontractor’s license,” he says. Hiswife ran the business from theirhome when they first started. Now,Hoolihan employs 20 people.

Hoolihan says his companyspecializes in underground dryutilities, such as power, telephone,cable television and street lights.

Over the years, rules havechanged in his industry.Construction-defect cases concernhim the most. Even though hiscompany was never found inviolation of construction-defect laws,he says these cases have cost hiscompany a great deal of money and

Company ProfileHoolihan’s Excavating: A Company Built On Hard Work

Administrative Citations(Continued from Page 10)

Jon Hoolihan recentlycelebrated 30 years inthe excavating business.


Pat Potter ...Board Disciplinary Actions: 1/01/08 - 6/30/08



(See Disciplinary Actions, Page 13)

Pat’s closest friends.Pat, along with her husband, Ray, used

to own the High Desert Racing Association.Every year, hordes of off-road racerscompeted in this organization’s prestigiouscircuit series that crisscrossed some ofSouthern Nevada’s roughest terrain. TheSCORE racing association would eventuallybuy the race series from the Potters.

Surprised?Wait – there’s more!Pat used to own Pat’s Heavenly

Creations, a country store/antique shop onDecatur Boulevard, located between LakeMead Boulevard and Rancho Road in LasVegas. Stuffed dolls were her specialty,including one cute little honey bear that theDisney Corporation found to be one of itstop sellers.

Pat came to Las Vegas in 1957 in an old1936 Ford. Back then, there were only threehigh schools in Clark County – Gorman,Basic and Las Vegas High School, wherePat graduated from in 1961. She met herhusband when he bought that old familyFord.

“My mother said that I came with thecar,” Pat says with a little laugh and fondtwinkle in her eye. “Since we have beentogether, it has been cars in one form oranother.”

Born and raised in Las Vegas, Ray usedto own Las Vegas’ iconic 5th Street Liquor.The Potters donated this favorite localwatering-hole neon sign to The NeonMuseum a couple years ago, which thehistorical organization quickly put ondisplay in the downtown Las Vegas FremontStreet Experience. Ray also used to ownRay’s Beaver Bag, another Las Vegas land-mark that specialized in black-powder guns,knives, teepees, cast iron cookware, etc.

“It was like an old general store,” Patremembers. “Something mountain menwould like.”

To this day, Ray occasionally hangs outwith his buddies at mountain-men wilder-ness outings – but not Pat.

“My idea of camping is staying at theHilton, and not in some teepee,” she sayswith a laugh.

Pat retired from the Board in July 2008,after 15 years of service.

She and Ray are currently restoringsome family heirlooms – a 1915 Cadillac,a 1913 Pope Hartford, a 1929 Ford“Woody” station wagon, a 1911 Model-TFord Touring sedan and a 1931 Phaeton.They plan to enjoy their retirement takingpart in various Horseless Carriage Clubof America car outings and an occasionalvintage auto parade.

The Potters also will relish being ableto spend more time with their fourdaughters: Dawn; twins Shiela andSheryl; Carolyn and six grandchildren,Ashlin, 22; Morgan, 15; Katie, 5; Aaron,19, Zack, 11; and Robbie, 7. Pat andRay, unlike many American families, arefortunate to have all their children andgrandchildren living in Southern Nevada.

“The Board is a wonderful organiza-tion to work for,” Pat says. “Managementis very good to its people. I will misseveryone terribly.”

To this day contractors, who Pathelped when she was a license analyst,call her when they have questions.

“I like helping people,” Pat says. “Idid this for so many years with racing.It’s just something I enjoy doing. Youhave to remember that you are dealingwith people’s livelihoods (when they

apply for a contractor’s license). I alwaysask myself, ‘Would I want to have thisperson do work in my daughter’s home?’It is a huge responsibility to sign off on aperson’s application.”

When Pat started at the Board, the staffwas small and each licensing analyst dideverything from taking in new applicationsto recording address changes andprocessing renewals and officer changes.Back then, she was in charge of contractorswhose names began with the letter A.When she retired, Pat was supervising astaff of 14 employees.

“I think you have to listen to each ofthem (the analysts), and you have to befair,” Pat says with the voice of a mentor.“And you need to give them direction.”

Thanks Pat. Enjoy your retirement. You have earned it.


Pat and Ray pose with their 1929 Ford “Woody” Station wagon

Vote ...

Page 4 Contractors’ Billboard Contractors’ Billboard

candidates and issues you can log onto theNevada Secretary of State’s website:www.sos.state.nv.us/elections.Those looking for more local informationin Clark County should access theRegistrar of Voters website:www.accessclarkcounty.com/electionsand in Washoe County:www.co.washoe.nv.us/voters.Bill drafts submitted for consideration inthe 2009 legislative session are reviewableat: www.leg.state.nv.us

Politics surrounds us. Each of usrecognizes that on Nov. 4, 2008, Americawill choose a President. This electionyear is unlike any we have seen before andthe outcome of the federal, state and localraces will have a profound effect on thecourse of the construction industry and theeconomic stability of our communities andpersonal finances. For Nevadans, therewill be important legislative debates aboutthe way we do business: constructionlitigation, insurance, taxes, safety, growth,and water resources. In addition,numerous District Court and SupremeCourt rulings will set precedent ondecisions rendered for years to come.


any payment. Additionally, the subcontractprovided that Bovis had no obligation topay Bullock, if it had not been paid by theVenetian Hotel.

The court struck the lien waiverbecause a “contractor has a statutory rightto a mechanic’s lien for the unpaid balanceof the price agreed upon for labor,materials, and equipment furnished.” Thecourt further reasoned that the purpose ofthe lien statutes are to secure payment tothose who perform labor, or furnishmaterial to improve property of an owner.

After tossing the lien waiver, the Courtaddressed the pay-if-paid provision. Thecourt noted that Bullock’s subcontractpredated the 2001 enactment of NRS624.624-626, which made pay-if-paidprovisions unenforceable; but found that“because a pay-if-paid provision limits asubcontractor’s ability to be paid for work

already performed, such a provisionimpairs the subcontractor’s statutory rightto place a mechanic’s lien on the con-struction project.” The court would notenforce the pay-if-paid clause because itwould limit contractors’ lien rights, whichthe court determined would violateNevada’s public policy of securingpayment for contractors.

The Court concluded that not everylien waiver violates public policy, andeach lien waiver must be analyzed on acase-by-case basis by considering whetherthe waiver fails to secure payment forcontractors. It seems then that in Nevada,only lien waivers issued in exchange forpayment are enforceable.

The Bullock decision has its critics.While it benefits some contractors, it putshigher-tier contractors in a financial vicebetween non-paying owners and unpaidlower-tier contractors or material-men.

Under the Bullock case, in today’s marketwhere owners are going under and lendersare refusing to disburse loan proceeds, thegeneral contractor bears an extraordinaryburden. What will be the ultimate,long-term effect of the Bullock case oncontracting strategies in Nevada remainsto be seen.

Bovis ...

Contractors and subcontractorsunderstand they can no longer simplypaint houses, plumb a kitchen sink, framea window, or provide the hardware forinterior doors. Every part of yourbusiness is affected by government:business taxes, payroll taxes, buildingpermits, and licensing.

Elections are decided by those whoshow up. Time is short. The stakes arehigh. Be an informed voter. Know whothe candidates are and what they stand for.Understand the impact of the ballotinitiatives you will vote on.

Together, we can secure a future forNevada not based on limitation, butunprecedented opportunity. But to do it,we must all work together . . . and it muststart at the ballot box.

The races are close, and on ElectionDay your vote will make all thedifference.


Board Disciplinary Actions: 1/01/08 - 6/30/08




CB/A: Commercial development inNevada never really experienced theslowdown that residential developmentdid? Why is that? And shouldcommercial developers take heart ofwhat happened in the residential arenafor fear that the same thing mighthappen to them?

KG: This is not right. The Commercialside of Nevada has had several slowdowns,1968-1973, 1982-1986, 1992-1994 and2001-2003. Nevada is subject to the samenational issues as every other state.

The bigger we get, the more that will bethe case. The financing for the casinoindustry has always been ever-changingand difficult. Growth is the issue, and itwill affect both commercial andresidential, but probably not at the sametime.

BK: Commercial will follow housing. It’snot overbuilt as housing is/was, butcommercial construction always followsresidential rooftops. If housing picks upin the next year, I’m hopeful the downturnin commercial construction will not be toodeep.

MC: In Northern Nevada, commercialdevelopment is still catching up with theresidential boom. I believe that commercialbuilding will continue at a steady pace withno slow down in sight. With currentinterest rates, commercial/industrialdevelopment is very attractive.

(Continued from Page 15)Commercial ...

Contractor Education ClassesGo to: www.nscb.state.nv.us

and click on the Application & Contractor

Information button and then on

Construction Education


Under InvestigationSalesman Gary Hess Sought

For Alleged Unlicensed Contracting

REF: Gary Thomas HessDES: W/M, 5’11”, 255 lbs.,

gray hair, brown eyes Status: Under Investigation

Gary Thomas Hess, dba Coast toCoast Carports, Inc., has amisdemeanor warrant issued on him from CanalTownship Justice Court, Lyon County, for allegedlycontracting without a license. Hess is anunlicensed contractor and salesman for Coast toCoast Carports, Inc. He receives a commission forselling carports, including the cost of installation.He allegedly has failed to obtain building permitsfor the installatioin of carports. Coast to CoastCarports, Inc., is not licensed to do business inNevada.


Nevada State Contractors Board Fred Schoenfeldt, Supervisor Criminal Investigations (775) 688-1150, Extension 7884

Marisa McIntosh Aitken FacingMisdemeanor, Felony Warrants

REF: Marisa McIntosh Aitken, aka Marisa Cole

DES: W/F, 5’5”, 140 lbs., blonde hair, blue eyes

Status: Under Investigation

Marisa McIntosh Aitken, dbaAdvanced Glazing & Design, LLC, dba West CoastSunrooms, has two warrants issued, one with HendersonJustice Court and one with Las Vegas Justice Court forcontracting without a license (misdemeanor) and diversionof funds (felony). She allegedly takes large deposits upfront and does little or no work and then abandons theprojects.


Nevada State Contractors BoardKenny Peppley, Supervisor Criminal Investigations(702) 486-1100, Extension 1144

(Contracting without a license is a crime in the State Of Nevada. Persons shown here have not been convicted of the charges and are presumed innocent)

Staff SpotlightLicensing Supervisor Pat PotterRetires After 15 Years At Board

Many contractors and Nevada StateContractors Board employees know PatPotter as the Board’s Southern NevadaLicensing Department supervisor. Quiet,thorough in her review of new licenseapplications and deadpan serious when tes-tifying at Board meetings. But much likeClark Kent’s Superman alter ego - PatPotter has a secret identity.

Back in the 1970s, you might have seenPat rocketing across the Nevada desert,crammed behind the wheel of a single-seatoff-road racing buggy. Then again, youcould have spotted her at drag stripsthroughout Nevada, California and Texas,carefully keeping scores and times forsome of the world’s top racers. Fameddragster legends Don “Big Daddy” Garlettand Mickey Thompson where some of

“Pat has been an integral part of our

Southern Nevada staff for many years.Her knowledge of the Las Vegas areaand its residents has proven extremelyvaluable over the years. She is caring,compassionate, responsible and loyal.We will miss Pat’s delightful sense ofhumor and her delicious banana-splitcakes!”

— Margi Grein,Executive Officer

“Pat has been an important part of our

Southern Nevada office for the past 15years. There are many adjectives todescribe Pat – compassionate,knowledgeable, dependable and kindare just a few. She has a delightfulsense of humor and great interpersonalskills. She has provided guidance tomany employees, licensees andapplicants over the years. Pat will besorely missed - not only as a greatemployee, but as a wonderful friend.”

— Nancy Mathias, Administrator of Licensing

“Pat has always impressed me as

someone who always gave that littleextra effort to assist the licensees withtheir problems. She really cared for thelicensees, and made lifelong friends ofmany licensees.”

— George Lyford, Director of Investigations

“It has been a pleasure working with

Pat for the past 15 years. Through theyears, we developed a close workingrelationship and shared manyexperiences and ideas. I will miss herkindness, compassion and herwonderful sense of humor. I wish herall the best.”

— Kathy Stewart, N. Nevada Supervisor of Licensing

Pat Potter and her husband, Ray, are restoring several antique cars(See Pat, Page 5)

Jim Gibbons, Governor

BoardMargaret Cavin, Chair

Spiridon G. Filios, Vice ChairRandy Schaefer Jerry Higgins

William “Bruce” KingGuy M. Wells

Michael Efstratis

Margi Grein, Executive Officer


Henderson, NV 89074Phone: (702) 486-1100FAX: (702) 486-1190


Reno, NV 89521Phone: (775) 688-1141FAX: (775) 688-1271

Websitewww.nscb.state.nv.us

Mission Statement“The Nevada State Contractors Board is committedto promoting integrity and professionalism in the

construction industry of Nevada.”

Art Nadler, EditorRanya Botros, Editorial Assistant

Phone: (702) 486-1139FAX: (702) 486-1176

Nevada StateContractors Board

The Contractors’ Billboard is published by the Nevada State Contractors Board as a service to licensed contractors to promote a better understanding of Nevada contracting law and to provide information of interest to all construction professionals. This information is believed to be accurate at the time of publication.The Contractors Board and the State of Nevada assume no responsibility for any damage that arises from any action that is based on information found in this publication.

C 2008 Nevada State Contractors Board

Across The BoardJanuary 1, 2008 through June 30, 2008

Investigations DivisionCompliance Investigations

Investigations Conducted ..................................... 1,902Investigations Closed ............................................ 1,778Licenses Revoked ....................................................... 49Fines Assessed .................................................$420,450Investigative Costs Assessed .................... $250,033.47Recovery Fund Claims Awarded ................$673,795.57

Criminal InvestigationsInvestigations Conducted ........................................ 656Investigations Closed ............................................... 617Felony Cases Filed ......................................................70Criminal Complaints Filed with District Attorney ..... 87Citations Issued ......................................................... 134Convictions .................................................................154Restitution Ordered by Court ..................... $373,083.69Fines Assessed by Court .................................. $42,633

Licensing DivisionNew License Applications Received .....................1,752New Licenses Issued ............................................. 1,278License Change Applications Received ............... 3,203 Licensed Nevada Contractors ..............................17,837

Page 2 Contractors’ Billboard Contractors’ Billboard

Many people are closely monitoringthe commercial real estate environmentthroughout Nevada, clearly one of thehealthiest markets in the nation.Commercial Builder/Architect Magazinerecently sat down with three of Nevada’smost successful commercial developers,Margaret Cavin of J & J Mechanical Inc.in Sparks, Bruce King of Pete KingNevada Corp. in North Las Vegas andKim Gregory of Hansen MechanicalContractors Inc. in Las Vegas. Cavin andKing are current Board members of theNevada State Contractors Board, andGregory is a former Board member.

——-Commercial Builder/Architect: What isthe best advice you can give commercialcontractors before they start a projectin Nevada?

Kim Gregory: Makesure your contractorlicense and all neces-sary business licensesare current. Reviewthe Nevada StateContractors Board’slaws, if you are anout-of-state contractor.The laws includeChapter 624 of the Nevada RevisedStatutes, and the Nevada AdministrativeCode. Have your Nevada contractor’slicense before biding on any work.

Bruce King:Understand, bid andplan to build per plansand specifications.Few building depart-ments in the countryare as particular as theClark County area.

CB/A: What advice can you give indealing with the Nevada StateContractors Board?

KG: Always tell the truth and be straightup with the Board.

Commercial Builders Give Advice On Conducting Business BK: Staff and Board are very helpful. Thekey is to make requests early and timely.

Margaret Cavin:Once a contractor islicensed in Nevada,most will probablyhave minimal dealingswith the Board. Iwould suggest to anycontractor to takeadvantage of theContractors Board’swebsite. It is a great resource tool. Ipersonally use it all the time.

CB/A: What misconceptions, if any, dogeneral contractors and subcontractorshave both before starting a commercialproject and also during itsdevelopment?

KG: That they will always be paid ontime or even paid at all. Read yourcontract and check out the owner ordevelopers. Check both the banks and/orfinancing on the project. Make sure toverify all subs are licensed prior toissuing any subcontracts.

BK: Too many assumptions.Documentation is important and cansave tremendous costs and headaches.

CB/A: What have been somereoccurring issues concerningcommercial development that hascome before the Board?

KG: Proper license limits andclassifications. Ask the Board to explainthe license classification, if there are anyquestions or concerns.

BK: Bidding beyond their limits, and laterequests for one-time increases in limits.

CB/A: Before bidding on a project,what should commercial contractorskeep in mind?

KG: Do they have the proper financialbacking to do the job? Can they pay theirbills and others for 90 days withoutreceiving any payment? Nevada law does

not allow certain down payments. Makesure they file pre-lien notices, as requiredby law. Again, read the contract beforesigning it.

BK: Be realistic with your experience andabilities.

CB/A: You are all successful commercialcontactors. In your opinion, what madeyou so successful?

KG: Dealing with qualified owners,projects and general contractors. Again,being upfront and honest with people.Making sure my company and my peopleperform as expected.

BK: A good reputation for completingquality work, a desire to satisfy ourcustomer and COLLECTING MONEYOWED TO US.

CB/A: What are some common issuescontractors need to address whendealing with OSHA? The ContractorsBoard? The various county and citypermitting departments?

KG: Communication with any governmentagency is the most important issue thatI’ve seen in the past. Safety people haveto stay informed on OSHA’s ever-changingrequirements and regulations. Tradeorganizations and contractors need to beaware of the Contractors Board’s issuesand changing requirements and orproblems. The same thing exists regardingthe various building departments, which iseven more confusing due to theindependent nature of each different cityor county you are dealing with.

BK: When there are issues, and there willbe if a contractor does a fair amount ofwork, easy communication (they knowwho in your company they need to dealwith and that person follows up withoutadditional work on their part) and acommitment to quickly resolve theproblem is important.

Reprinted From Spring/Summer ‘08Commercial Builder/Architect Magazine

(See Commercial, Page 13)

Jim Gibbons, Governor Margi Grein, Executive Officer Fall/Winter 2008

Inside This Issue

Our Pat Potter Retires ..................... Page 3Company Profile ................................. Page 63rd Annual Mission Cool Off............ Page 7Criminal Cases ....................................Page 8Administrative Citations ................... Page 11Disciplinary Actions ...........................Page 12Commercial Builders Give Advice ...Page 15

Nevada State Contractors’ BillboardNevada State Contractors Board2310 Corporate Circle, Suite 200Henderson, NV 89074


Henderson, NV 89074


Reno, NV 89521

www.nscb.state.nv.us

By David F. Brown, Esq.Woodbury, Morris & Brown

The Nevada Supreme Court recentlypublished its decision in the case of LehrerMcGovern Bovis vs. Bullock Insulation,124 Nev. Adv. Op. No. 39. In the Bullockcase, the court tackled two issues criticalfor contractors: lien waivers and pay-if-paid clauses. The court struck each

provision concluding that they “wereunenforceable, based upon Nevada’spublic policy favoring the statutory rightto a mechanic’s lien.”

The underlying facts are that Bullockentered into a subcontract with Bovis,which waived Bullock’s lien rightsregardless of whether Bullock received

The Nevada StateContractors Board andthe Washoe CountySchool District arepleased to announcethe start of “ProjectSafeguard,” a commu-nity service projectdeveloped to helpfinance the installationof protective fencesaround elementary schools in theReno/Sparks area.

Approximately $40,000 is needed tofence six schools that include: JesseBeck, Reno; Elmcrest, Reno; Drake,Sparks; Kate Smith, Sparks; Smithridge,Reno and Verdi, Verdi.

For those wishing to contribute to“Project Safeguard,” a bank accounthas been established at Well FargoBank.

You may go to any branch of WellsFargo and donate to Bank AccountNumber 8045040790.

Lien Waivers, Pay-If-PaidStruck By High Court

Donations Needed To Help Schools

(See Bovis, Page 4)


Billboard will no longer be printed as a magazine. Future issues will only be availableby e-mail. So make sure we have your correct e-mail address when renewing yourlicense, or by sending it to: [email protected]


Billboard will no longer beprinted as a magazine. Futureissues will be sent to contractorswith e-mail addresses. Billboardissues will continue to be postedon the Board’s website.

Make sure we have yourcorrect e-mail address when yourenew your license, or send it to:[email protected]

“It’s not the hand that signs the laws thatholds the destiny of America. It’s the handthat casts the ballot.”

— Harry Truman

Cindy Creighton, Executive DirectorNevada Subcontractors Association

Participating in the democratic processis a privilege and responsibility we allshare. It’s not enough to register to VOTE,

we all need to do it.With early voting taking place and

Election Day just around the corner, theairwaves are awash in ads for politicalcandidates, and our mailboxes are stuffedto overflowing.

“We The People” are responsible forwhat happens to us. And in a world ofprepared speeches, sound bites, negativeads and daily poll reports, voters are left toseparate truth from the fiction and the spin.

The 2008 election sea-son is extraordi-narily significantwith multipleinitiatives andreferendumsbeing proposed.To assist you insorting through the

Your Vote Does Make A Difference

(See Vote, Page 4)

Nevada State Contractors Board · Title: untitled Created Date: 9/12/2008 9:29:37 AM

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