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CYC CONCRETE CONSTRUCTION/REMCON, INC. ISSUE NO. 1 APRIL 2006
The Contractors Critic
Reporting on Safety, Productivity and Honesty in the Construction Industry
CYC CONCRETE CONSTRUCTION/REMCON, INC.
Illegal business practices, liens & lawsuits
Is criminal abuse of civil law CYC/Remcon’s
commonplace at CYC/Remcon? back story
Close examination of government involving the company that she owns
The business database
documents signed by corporate with her husband, Todd Remmereid,
Dun & Bradstreet says
officers and management executives at as the validating signatory.
CYC/Remcon started out
CYC/Remcon, Inc. has revealed Section III, subsection 7 of the
big and got small, a
instances of what could be viewed as current Official Notary Public
process that sometimes
abuses of business law. Handbook published by the state of
suggests the parties
Knowledge of these abuses could Nebraska Secretary of State’s office
involved have been doing
lead to the Nebraska’s Secretary of clearly states: “Notaries may not
some fancy footwork with
State to call for an investigation – if perform a notarial act if they are in
the paperwork.
only to clarify for the apparent victims the same immediate family. This
Dun & Bradstreet
whether the company might be includes in-laws, step- or half-
reports dated Dec. 29,
considered culpable partners in these relatives.”
2005, show that
alleged abuses. CYC/Remcon Senior Estimator
Remmereid Enterprises,
Here’s the story. Carroll “Cal” Peacock is also
Inc. started in 1985 with
CYC Vice President, Kimberly currently a registered notary public
81 employees operating
Remmereid, is also a according to documents obtained
out of a 10,000-square-
certified notary public in from the Nebraska Secretary of
foot facility in the 13400
Nebraska. It seems that State. He, too, has notarized
block of F Street in
in at least one instance, documents relating to liens
Omaha, Nebraska.
Kim Remmereid can be filed by CYC/Remcon.
Todd and Kimberly
shown to have unlaw- Section III, subsection
Remmereid held all the
fully notarized liens 7 of the official handbook
corporate officerships and
Criminal abuse cont’d, pg 2
executive posts in a firm
Table of Contents that declared itself to be
Criminal abuse cont’d. . . .2-4 Sizeable lien. . . . . . .6 doing “masonry and other
Backstory cont’d. . . . . . .2 LASER’s efforts. . . . . . . .7 stonework” such as
$22.9K. . . . . . . . . . . .4 Source notes. . . . . . . .8 “retaining wall construc-
Collect. . . . . . . . . . .4 LASER information. . . . .8
Complicated liens. . . . . .5 Corporate information. . . . .8 Backstory cont’d, pg 2
CYC Liens. . . . . . . . .5-6
Criminal abuse
cont’d from pg 1
tors are referred to as “accom- struction, Inc. Vice President Kim-
goes on to state: “Notaries are to be plices.” berly Remmereid signed as the
a disinterested witness to a transac- For example, in gratitude for claimant on a construction lien for
tion and should not stand to gain Peacock’s assistance, the $10,737.92 brought Nov. 29, 2005
personally or financially from the Remmereids might in turn ease his against property in the Sherwood
outcome of the document notarized.” way to higher positions and better Park addition of Omaha, Neb.
It might be argued that Peacock pay. Peacock is currently listed as owned by Barbara J. and Abe
is one step removed from being a “senior estimator” for CYC/ Bakhit, according to document
beneficiary of the documents he is Remcon. obtained from the state of Ne-
notarizing. However, the question One particularly striking braska.
also comes up whether Peacock instance in which this sort of in- The notary public and “disinter-
might be receiving indirect benefits house, one hand washing the other ested party” attesting to the legiti-
macy of the signatures and facts
involved in the lien was none other
Kim Remmereid can be shown to have than – drum roll here – CYC/
unlawfully notarized liens involving the Remcon “Senior Estimator” Carroll
company that she owns with her husband, “Cal” Peacock.
It is understood that inquiries are
Todd Remmereid.
now in progress into potential
conflicts created by the marital
as reward for being a willing facilita- connection between CYC and status of the Remmereids and the
tor of an unlawful act. notaries public is construction lien executive employment status of
In television cop shows and in #2005150346. Carroll “Cal” Peacock between
Mickey Spillane novels such facilita- There, CYC Concrete Con- Criminal abuse cont’d, pg 3
Backstory
cont’d from pg 1
Omaha, Neb. address and gross- given as an acronym only once
tion” and “lawn and garden ing $1.5 million constructing stood for something, according
services.” “industrial buildings and ware- to a puff piece published June
In that line of work, the houses.” 4, 2004 in the Midlands Busi-
Remmereids announced the The Remmereids occupied all ness Journal.
company pulled in $6 million the stated corporate officer posi- Todd Remmereid told article
annual income. tions in that business identity, as writer Stephanie Critser that as a
Dun & Bradstreet next well. teenager he mowed lawns
reported a firm named Remcon Documents obtained from for neighbors and called
General Contracting, Inc. in the Nebraska Secretary of his business, “Complete
2004 reported having 10 State’s office confirmed Yard Care,” of which he
employees working out of a some of that information. still retains the CYC
2,000-square-foot facility The CYC part of the initials, out of sentiment,
located at the very same operation is generally perhaps.
Page 2 The Contractors Critic April 2006
Criminal abuse
cont’d from pg 2
Criminal abuse cont’d, pg 4
The Contractors Critic April 2006 Page 3
It takes a long
Remmereid sues for $22.9K while to collect
A lien case involving
Remmereid Enterprises be-
Fromkin’s Commercial Plaza.
Remmerreid claimed that it in Nebraska
came more complicated than had “entered an oral agreement A district court judge
most such cases do, as with Total Excavation to provide ordered a default judgment
Remmereid filed a lien with the labor and materials for the against Remmereid Enterprises,
Douglas County, Neb. re- construction of footings and walls Inc. Dec. 7, 2001, demanding
corder of deeds to force for a cellular phone tower” that the firm pay nearly $6,000
collection of almost $23,000 located on the property on which in unpaid lease fees for a 1997
the company felt was owed to the lien was being sought. pickup, court documents
it, but the effort failed. Twenty legal filings down showed.
In Remmereid Enterprises the road, and with another In Franklin Equity Leas-
Inc./CYC Construction v. corporate entity known as ing v. Remmereid Enter-
Westlakes of Columbia American Tower (a Delaware prises, Inc., filed in Douglas
East, Inc. and United corporation dragged into County District Court, the
of Omaha Life the mess), a Douglas court ordered Remmereid to
Insurance Co., filed County district court judge pay $5,847.60 in damages in a
March 14, 2002, on Jan. 3, 2003 “ordered, leasing dispute over a 1997
Remmereid claimed it adjudged and decreed that Ford F150 pickup.
was owed $22,900 the above caption is The vehicle was first
and to collect it hereby dismissed with leased March 14, 1998. The
placed a lien on prejudice.” (Document suit was not filed until Aug. 9,
property known as 10132 400) 2001, court records showed.
(Case #Doc 1007 Page 070)
Criminal abuse
cont’d from pg 3
also a member of the Valley City Laws and rules of ethics
themselves and the company filing (Neb.) City Council, and is right covering notaries public may vary
liens. now running for re-election against from state to state regarding the
Kimberly Remmereid as owner Arlene Cochran and Dale TenEyck, exact relationships that are
and Carroll Peacock as both Douglas County Election Commis- allowed or disallowed.
employee and notary attesting to sion documents revealed. But the activities going on
the honesty of the people who pay Nebraska campaign disclosure here – again for significantly large
him also occurred in lien statements for the current Valley City amounts of money – here in the
#2005150347, filed Nov. 30, 2005 council races are not due to be filed CYC/Remcon deal have at least
in Douglas County against property until April 10, 2006. an unsavory appearance. Enough
called Jason’s Deli and Pinnacle Candidates are not required to that voters in Valley City, Neb.
Construction in the mount of file pre-election disclosure state- might want to know before they
$5,908.40. ments until contributions reach cast their ballots in May how
Besides being a top estimator $5,000, a Nebraska Accountability close to the wind Peacock is
for CYC/Remcon and a notary and Disclosure Commission spokes- sailing in his notary public side-
public, Carroll “Cal” Peacock is man said noted. line.
Page 4 The Contractors Critic April 2006
More complicated
CYC abuse of lien process lien actions
Mechanics liens are an often-used device to ensure payment to
contractors and subcontractors (creditors) for services and materials CYC Construction instituted
provided to customers (debtors). a foreclosure of a lien petition on
More than a dozen used by CYC Construction are reported in July 28, 1999 looking for pay-
this issue of The Contractors Critic. ment of $28,584.75.
Liens were created in law long ago for the reasonable purpose The foreclosure action lodged
of protecting honest businesses and laborers from unscrupulous custom- with the registrar of deeds was
ers who don’t want to pay. But, like any other well-intentioned benefit, commenced July 28, 1999 in
liens can — and have — been abused. Dickinson County (Neb.) District
Looking at the unusual number of mechanics liens CYC Con- Court.
struction and Remmereid have repeatedly imposed upon unknowing It named as defendants
customers raises the reasonable question whether CYC Construction Brooks Park Resort LLC, and
and its owners are among the worst abusers. PRO Built Management.
This in turn causes The Contractors Critic to advise customers in Remerreid was looking to
the construction industry to look long and hard at contractors’ record of recover $111,643.25, which it
slapping liens’ and perhaps consider protecting themselves in advance said it was owed on two con-
by requiring CYC to waive its right to impose liens even before work tracts, but which the customer
begins. said it didn’t owe because
If everyone is honest, there should be no problem, right? Remmereid had breached the
To give the reader an idea of the scope of lien abuse in the US contract.
consider this: Google the word “lien” and you will find 276 million The dispute involved prop-
articles and records listed. The word “liens” produces 375 million erty generally known as America
entries That’s nearly half a billion in the US alone. Inn of Okoboji, legal documents
This tells us that liens are a big industry, that many are in, and indicated.
even more are trying to cope with it. Of course, not every item is about
Brooks counterclaimed,
a lien imposed. However, the sheer volume and traffic in the subject
saying that the issue at hand really
ought to draw the reader’s attention to it.
involved agreements for
Some are just articles explaining what liens are and how many
$28,584.75 and $53,614 – a
different kinds of them there are.
total of $77,198 – and that CYC
The much-respected online encyclopedia, Wikipedia, offers a
lacked any contract for anything
good summary of the types of liens that exist. It explains the difference
between two different kinds: consensual and non-consensual. more than that.
Consensual liens are the kind the customer is told about before In an answer to the lien
entering a contract. They include mortgages, car loans, security interests action, Brooks argued that
and chattel mortgages. Non-consensual liens include tax liens, plaintiff CYC has “failed to follow
attorney’s liens, mechanic’s liens, judgment liens, construction leins and conditions precedent” for de-
maritime liens. manding payment and for pro-
One of the least understood by unaware customers and ripe for ceeding with litigation.
abuse by nefarious contractors are the construction liens. Ultimately, on July 24, 2000,
The extensive use of “Surprise!” construction liens by CYC has CYC dismissed its lien claim
prompted The Contractors Critic to plan a more intensive investigation “with prejudice” – that is, it
into how this company and others may be exploiting the best interests of promised never to bring it up
the public. again. (Mechanics lien #
CYC Liens cont’d, pg 6
EQCV020641)
The Contractors Critic April 2006 Page 5
Another sizable CYC Liens
lien that reached cont’d from pg 5
a judge In the meantime, again, it appears customers of CYC
Construction and Remmereid might want to take a hard look at
CYC Construction, Inc. as requiring lien waivers when dealing with CYC, at least until they are
a stalking horse for Remmereid comfortable with the ethical posture of the company.
Enterprises, Inc. filed another
lien on November 18, 2003
seeking payment of another CYC Construction declared mechanic’s lien #LNCV#020453,
large sum by filing a construc- valued at $3972.60 and filed with the Douglas County Clerk on
Sept. 26, 2003, against Quick-to-Fix Foods, Inc. for property in
tion lien on another important
Sioux City, Iowa. The debt was declared satisfied May 6, 2004,
piece of property. court records showed.
In this dispute, CYC
Construction v. Alliant CYC Construction filed lien #200200302 on Feb. 6, 2002 in
Foodservice, Inc., et al, CYC Douglas County, Neb., against Total Excavation and American
Tower, for $22,900.
wanted to be paid $58,149.65.
It alleged that about a year CYC Construction filed a lien valued at $18,703.1- Jan. 19,
earlier, on Nov. 27, 2002, it 2000 against Donald W. Sattem.
had entered into a contact with
Environmental Construction to CYC Construction filed lien #2006007800 on Jan. 23, 2006 for
$89,713.50 against the AOI Corporation and property on
do work on a certain property
Military Ave., Omaha, Neb. owned by Servants of Mary.
located on 11th Street in
Omaha, Neb. CYC Construction filed lien #2004019478 on Feb. 13, 2004 in
CYC claimed it did the Douglas County, Neb. for the unpaid amount of $3,500
work, but a year later had still against Logan Mills Communities in Scottsdale, Ariz. for
not been paid. For that reason property called Outlot A. Brookfield at the Ridges.
it recorded a construction lien CYC Construction filed lien #2004019477, Feb. 13, 2004
with the Douglas County against Trustees of the Morello Trust for $2,781, for property
Register of Deeds on Oct. 6, called Lot 69, Brookfield Ridges, Douglas County, Nebraska.
2003. Ready Mix Concrete
Company was also named in CYC Construction filed lien #2003196136 on Oct. 7, 2003 for
an amount of $58,149.55 against Environmental Structures,
the money complaint. Inc. of Hartland, Wisc. and Aliant Foodservice for property in
A hearing was held and on Blocks “E” and “F” in the Union Land Company’s First Addition in
May 12, 2004 and CYC Omaha, Neb.
entered a motion to dismiss its
complaint “without prejudice” On Nov. 30, 2005, CYC Construction placed lien
#2005150347 against property called Jason’s Deli on Dodge
on May 12, 2004.
Street in Omaha, Neb., and against Pinnacle Construction in
The language CYC used in the amount of $5,908.40
the May 12 order of dismissal
often indicates that an agree- CYC Construction also imposed lien #2004113391 on Aug. 25,
ment out of court was reached. 2004, against property known as Lot, 5, Block O Western
Springs and against the group known as Western Springs
(Document #1032, No. 344)
Land Corporation for the unpaid about of $15,538.71.
Page 6 The Contractors Critic April 2006
“We gave your request special
consideration because you
deal with issues of great
importance to Kraft Foods.”
I am forwarding your letter to Mr. George L. Skirm, Managing
“Thank you for informing us of
your research on the Fire
Safety Industry.”
“Again, thank you for thinking
of FedEx and Mr. Weise. Any
efforts to improve the dialogue
of the current and future
LASER’S business leaders are commend-
able and very much needed.”
EFFORTS
RECOGNIZED
“I wish you best of luck in your
endeavors to find funding for
what I am sure is worthwhile and
laudable cause.”
“I believe that LASER is
performing a service to the
construction industry.”
The Contractors Critic April 2006 Page 7
Source Notes
LITIGATION: Letter from Kraft Foods to LASER, Inc. 2-4-2000.
Remmereid Enterprises Inc./CYC Construction v. Letter from F. Dennis Kenny to James Wilson, LA-
Westlakes of Columbia East, Inc. and United of SER, Inc. 7-27-97.
Omaha Life Insurance Co.; Case # 10132-400; Filed 3/ Letter from Kelly Davids, ST of Ohio to James Wil-
14/02; Douglas County, NE. son. 4-14-2000.
Franklin Equity Leasing v. Remmereid Enterprises, Letter from Joseph Koziura, OH HOR to James Wil-
Inc.; Case #Doc 1007 Page 070.; Filed 8/9/01; Douglas son. 2-14-03.
County Dist. Court, NE.
MISCELLANEOUS:
LIENS: Official Notary Public Handbook; State of Nebraska.
CYC Construction against Barbara J. & Brahim A. Accountability & Disclosure Commission; Carroll
Bakhit; #2005150346. Peacock; Nebraska Government website; http://
CYC Construction against Quick-to-Fix Foods, Inc.; nadc.nol.org.
#LNCV020453; 9/26/03; Douglas County, NE. Douglas County Election Commission; Cal Peacock,
CYC Construction against Total Xcavation And Valley City Council. http://www.votedouglascounty.com
American Tower; #200200302; 2/6/02; Douglas County,
NE. CORPORATE INFORMATION:
CYC Construction against Donald W. Sattem; 1/19/00. CYC/Remcon, business report; Dun & Bradstreet 12/17/
CYC Construction against the AOI Corporation; lien 03.+
#2006007800; filed 1/23/06. CYC/Remcon, Inc. official web site; http://
CYC Construction against Logan Mills Communi- www.cyccontruction.com.
ties; lien #2004019478 filed 2/13/04 in Douglas County.
CYC Construction against Trustees of the Morello
Trust; lien #2004019477, 2/13/04; Douglas County, NE.
CYC Construction against Environmental Structures,
Inc. and Alliant Foodservice; lien #2003196136; 10/7/03.
CYC Construction against Jason’s Deli; lien Corporate Information
#2005150347; 11/30/05.
CYC Construction against property known as Lot, 5,
Block O Western Springs and against Western Springs CYC/REMCON, Inc.
Land Corporation; lien #2004113391; 8/25/04.
CYC Construction; Brooks Park Resort LLC and Pro 13425 F Street
Built Management; #EQCV020641. Omaha NE 68137
Phone: (402) 333-5164
ARTICLES: http://www.cycconstruction.com/
“CYC Construction moves from lawn work to con-
crete jobs.” Midlands Business Journal; 6/4/04; obtained
on website with subscription. Todd Remmereid, President
Kimberly Remmereid, Vice President
LASER’S EFFORTS RECOGNIZED:
LASER, INC.
L EGAL A ND S AFETY E MPLOYER R ESEARCH
654 Kentucky St., Gridley, California 95948 Ph. 530-846-6352
The information contained in The Contractors Critic does not reflect a complete history of the business practices of CYC Concrete Construction/
Remcon, Inc. LASER is publishing information that contractors do not and will not publish about themselves. LASER has relied on
the public record to present this information to the public in an effort to promote safety, productivity, honesty, and environmental
compliance in the construction industry.
CYC Concrete Construction/Remcon, Inc. has been given the opportunity to review this material for errors and inaccuracies. As of publication,
CYC Concrete Construction/Remcon, Inc. has not made any specific suggestions or refuted any specific information in this publication.
LASER, Inc. will continue to seek and publish additional data.
For more information, please contact James Wilson at (530) 846-6352 or online at laserinc@laser-inc.com
Visit LASER’s website at www.laser-inc.com
Page 8 The Contractors Critic April 2006
