Las Vegas Contractors Board Attorney
Nevada has an administrative agency known as the Nevada State Contractors Board that is responsible for the licensing and oversight of contractors in this state. The Contractors Board is governed by Chapters 624 of the Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC). The provisions of NRS 624 relating to the discipline of licensees are intended to promote public confidence and trust in the competence and integrity of licensees and to protect the health, safety, and welfare of the public. In order to accomplish the legislative intent, it is necessary that the Contractors Board be able to investigate claims against licensees, hold hearings, and administer discipline when warranted. However, there are times when such investigations, hearings, and discipline are not warranted. In fact, the Wright Law Group has successfully defended such unwarranted disciplinary actions.
Wright Law Group’s Contractor Clients
Recently, one of the Wright Law Group’s contractor clients was charged with violating NRS 624.3015(1) for allegedly operating outside the scope of its license. The contractor was acting as a construction manager on a high-rise commercial building in Reno while possessing only a B-2 category license, which allows a contractor to only perform work on projects of up to three (3) floors above ground level. The complaint by the executive officer of the board requested that the contractor be disciplined by either license suspension, revocation of license, probation and/or a fine between $1,000 and $10,000. The Wright Law Group challenged the claim, arguing that there are currently no restrictions in scope for Construction Managers under either Nevada Revised Statutes or Administrative Codes.
The administrative law judge agreed with the Wright Law Group’s assessment and found that the contractor had entered into a standard form agreement between the owner and construction manager. At the time that the contractor entered into the agreement it held a B-2 license. The structure which was the subject of the agreement is a 24-story former hotel-casino in Reno. The administrative judge found that the board can establish classifications of licenses and limit the field and scope of the operations of a general building contractor with its regulations. However, nothing in the Nevada Revised Statutes or the Nevada Administrative Code, expressly limits a general building contractor, acting as a Construction Manager, from managing work outside the scope of its active license. The Construction Manager can hire a general building contractor with the appropriate license to perform the work that is within its scope of that contractor’s license.
Wright Law Group’s Client Did Not Violate NRS 624.3015(1)
The administrative law judge found that the Wright Law Group’s client did not violate NRS 624.3015(1) and no administrative discipline or fine was warranted, and the case was dismissed.
Thus, there are limits to the authority and enforcement of the provisions of Chapter 624 by the Contractors Board. In this instance, the contractor was cited for working outside the scope of its license. However, the contractor was merely acting in the capacity of a construction manager and was not performing any work as a general contractor to which a restriction would apply. This is because the then current statutes and code only require that a construction manager hold a general contractor license.
While it is not an everyday occurrence, there are certainly instances where the Contractors Board may bring claims that are not grounded or otherwise supported by the laws or codes currently in force. Thus, when any action, of any nature, is commenced against a licensee it is imperative that the licensee obtain the services of an experienced and knowledgeable attorney well before going before the Board’s administrative law judge. The Wright Law Group, P.C. has decades of experience defending claims before the Contractors Board and is well equipped to assist you in handling your case. Please call us at 702-405-0001 to schedule a consultation or email us.