Clark County to seek more controls on contractors

Adrienne Packer

Wednesday, June 5, 2002 | 9:43 a.m.

Clark County commissioners agreed Tuesday to seek permission from state lawmakers during the 2003 Legislative session to adopt more stringent pre-qualification standards for general contractors.

Some commissioners believe the county's lack of pre-qualification standards for general contractors could have led to ongoing delays and troubles with its $170 million Regional Justice Center, officials said.

State law allows the county to implement some pre-qualification standards, but the law is vague and attorneys cannot determine exactly how far the county can take regulations.

Commissioners decided to follow the standards outlined in the state statute while preparing to lobby lawmakers for tougher laws.

The county has the authority to review general contractors' financial stability, whether they can secure the proper bonds and whether they're liable for property damage.

But unlike the state, the county does not have the authority to investigate a company's past performance -- whether it has handled a project as large as the one out for bid.

Commissioners agreed that is a critical element in judging potential contractors.

"We definitely need to take this to the Legislature and strengthen it, put some teeth in it," Commissioner Chip Maxfield said. "Past performance is critical, and we need those changes to be made."

Company owners only need their general contractor's license to be qualified to bid on a project in Clark County. The county is also required by state law to choose the lowest bidders.

Commissioners have complained that AF Construction, the firm in charge of the new courthouse, was not qualified to handle such a large project.

Terry Murphy, who represents AF Construction, has argued the company would not have been bonded if it were not qualified. The company, she said, has built large casinos such as Buffalo Bill's in Primm.

Commissioner Yvonne Atkinson Gates, who has publicly questioned AF Construction's qualifications, said the current state laws, which have been strengthened since the justice center went out to bid, would not have prevented the situation at the site.

"We won't be able to solve the problems we see today," she said. "The RJC is a classic example."