The Contractors Critic

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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


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

   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

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.”


                                 “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.
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.;              
#LNCV020453; 9/26/03; Douglas County, NE.                                 Douglas County Election Commission; Cal Peacock,
CYC Construction against Total Xcavation And                              Valley City Council.
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-                   
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
“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, 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
                                                 Visit LASER’s website at

Page 8                                                                                                     The Contractors Critic     April 2006

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