Why Don't We Get Sued? Because...

Why aren't we being sued? Because...from Krubinski vs Schmutzer-"truth is a complete defense against liability for defamation, regardless of bad faith or malicious purpose."

Saturday, August 26, 2017

Dear Whitney, You Might Be Wondering Where this Picture Came From. Ask Ron

The McKenna House; as found at Decktech's  old website cached on the Wayback Machine's Internet Archives. 

August 26, 2017

Ms. Whitney Barnick
Barnick Hodges Law Corporation
PO Box 549
Arroyo Grande CA 93421
 
Dear Ms. Whitney Barnick,

You'll never guess whose house this is and where I found it.

 Oh wait, yes you will, because if you ask that cowering lying sack of shit of a client of yours, Ron McKenna, he'll have to tell you it was on his own website. Did he forget to mention that when he was looking for your help? Of course, I'll be asking him all about this while Ron is under oath at the hearing next Monday.

You have heard of the doctrine of unclean hands right Whitney? I'll be bringing forth some emails Ron sent me...and of course this gem of a pic that will effectively show the Judge that your clients are liars.

The McKenna's can swear whatever they want, but the truth is they have no evidence.

Love, Bill


Wednesday, August 16, 2017

DeckTech's Granite Deck System- Were You a Victim of Fraud?

On every job I've seen where DeckTech was installing Granite Deck, these buckets keep appearing.
I've never seen a bucket labeled "Granite Deck" or with "Nevada Coatings" on them. 

 Are Claims Like "Granite Deck Is Unlike Any Other", "Eliminates All of The Components That Make Other Waterproofing Methods Fail", "Offers a Class A Fire Rating" "Offers an Anti-Fracture Membrane" Misleading or Fraudulent When It Fractures, Peels & Cracks? 

If you bought the DeckTech Granite Deck System in the last 10 years, in my opinion, you were the victim of fraud. That's a bold statement to make, so let me make my case, then you decide ok?

DeckTech's Old Website

So here below we see some screen grabs from DeckTech's old website. One screen grab shows their guarantees and warranties boasting about their "proven waterproofing system" that "almost completely eliminates the risk of fractures, fissures or cracks..."


Here on a screen shot from Deck tech's website in February of 2015 we see DeckTech claiming the Nevada Coating System is a "proven waterproofing system" . They are one of the few companies authorized to utilize this advanced form of waterproofing technology. 

On DeckTech's page devoted to Granite Deck, they claim a Class A fire rating & "encapsulation at flashing & nailing details."  We've asked for proof from Nevada Coating Systems and Decktech, and each has refused to provide a copy of the industry standard ASTM E-108 Roof Classification Fire Test report that shows the product passed an accredited lab's fire testing protocols.
Claiming a Class A rating when there isn't one is fraudulent in my opinion, a consumer trusts that what an advertisement says is true, and there is a truth in advertising law in place that the FTC enforces that an ad, whether on the Internet...or anywhere else, federal law says that ad must be truthful, not misleading, and, when appropriate,  backed by scientific evidence.
Did you buy Granite Deck? Have you ever seen any evidence the product has a Class A rating? 
Here is Exhibit A, a page from Deck tech's old website. Here they talk about Granite Deck being the end all to your deck problems, "Granite Deck is unlike any other" and "offers an anti-fracture membrane". Is that really true? I say it's not.




Is Granite Deck Class A fire rated? 

Here we see the DeckTech Granite Deck burning in a non-scientific "test" I did on one of their samples. I put burning coals from my BBQ on the sample and let them smolder. The coating ignited like you see here, and when I pushed the coals off, the coating continued to burn. I don't think this product would pass the standardized Class ASTM E-108 testing in my opinion. So again, if there is no test, no proof it is Class A as DeckTech claimed, and you bought because it was, that seems to be fraud in my opinion.  
I don't believe so. Despite Deck tech's claim on it's website and despite David Krubinski/Mazor in an email saying so, they refuse to actually show any tests that might prove it is. I asked for a copy in 2013 from Nevada Coatings. This is the answer I got back from Krubinski/Mazor- 

"To clarify, you are not entitled to our fire testing information since you are not a client of Nevada Coatings neither are you an authority on this issue, waterproofing issues or any construction in general.  You are simply an improperly licensed contractor continually impugning others work and efforts by touting yourself as an expert on a web site, when you are not…
Nevada Coatings will not participate in your web games, however we will advise you, Nevada Coatings has been thoroughly tested through Underwriters Laboratory and has achieved a Class A Fire Rating a number of years ago. Therefore if you were truly honest and trying to make a difference in the coatings industry, you would let the two or three readers of your web page know Nevada Coatings has confirmed a Class A Fire Rating, but I doubt you have the courage to be honest.
 To confirm our position, we will not be submitting any documents to you at any time and this will be our last correspondence with you." 
So with the exception of NCS, every manufacturer I know of has no problem releasing data that proves their claims. Either Major and DeckTech is lying, which is probable, since Mazor has been caught 2x lying under oath in legal proceedings. 

Exhibit B- A claim on Decktech's website says they "have collaborated with Nevada Coating Systems" and that it is a "This proven waterproofing system eliminates all of the components that make traditional waterproofing methods fail..."


History

DeckTech began selling Granite Deck around 2012 or 2013 I believe. Nevada Coating Systems is the "manufacturer" of the Granite Deck "product". Nevada Coating is owned by David Mazor, formerly David Krubinski. Krubinski supposedly "manufacturer's" Nevada Coatings. 

What is Granite Deck? Who/What Is Nevada Coatings, Inc?

The company was born apparently in 1997 according to filings at the CA Secretary of State's office

Nevada Coating Systems is a "manufacturer" as they claim on their cheap website. David Mazor/Krubinski "invented" or somehow came up with the idea of Granite Deck I believe in 2007/2008. (Based on date stamps on CNS Tech Bulletins at www.nevadacoatings.com )By taking Polyurea, a 2 part fast drying coating that is sprayed onto a surface using a special paint gun that catalyzes the A & B parts of the polyurea at the nozzle, where when they combine, the materials cure very rapidly. Broadcasting ground up Corian chips from Amerylite into the mix gives it it's "granite" appearance. After it's cured, a clear UV resistant coatings is applied. 

The Reality
The truth though is that David Major doesn't manufacturer anything at all. The companies address is listed as a home in an HOA near Palm Springs. From what I've seen over the years, all they do is resell Carboline's  Reactamine polyureas. 


DeckTech sold this Polyurea as the Wonder Bread solution to every deck problem in the world, dissing all the other deck companies products when they were selling Granite Deck so hard. They sell a "warranty maintenance package with the Granite Deck-10 years they claim, as long as you pay them every year. And they want a lot of money for a bunch of nonsense. 

For a while, everything seems groovy. However, after a couple years, I start getting calls from DeckTech clients everywhere-Orcutt, a pool deck at condos that is peeling up everywhere,  Cayucos a custom home not yet finished, failures everywhere, Avila Beach, more condo's with a failing Granite Deck system, Shell Beach where the Granite Deck is falling off the deck, an owner on El Portal in Shell Beach, another one in Morro Bay who files suit and files a complaint with CSLB. Atascadero, an owner calls, their Granite Deck is peeling and DeckTech refuses to fix it, they didn't reseal it every year as recommended. Paso Robles, a large winery with B&B rooms has roofs and decks failing. An owner on Rockview Condo's in SLO calls 3 weeks ago, another calls on Wednesday with a deck that's failing. Scroll on down...see all the failures-

A Few Photo's I've Taken Over the Years of Failing Granite Deck systems

Failure on deck in Arroyo Grande

Peeling in Arroyo Grande
Blown out in Pismo Beach

Failed to encapsulate the metal, so it still rusted. Avila Beach.

Pinhole delamination Granite Deck applied so thin it's worthless. Orcutt

Another sample of Granite Deck pinholed. Cayucos 

Peeling Granite Deck on copper flashing in Cayucos

A whole pile peeled off the copper flashings in Cayucos. 

Failing Granite Deck under tile on El Portal in Shell Beach
Failed Granite Deck Rockview Condos SLO

Granite Deck is peeling off flashing at Rockview Condo's in SLO
So Now What?

So now after 5-6 years of Granite Deck systems being installed, the chickens have come home to roost. Clients are complaining to us about their decks. A list I got hold of from DeckTech's recycling bin last year showed over 20 clients on a "warranty" list of decks needing repairs.  That's a lot of warranty repairs!

I'm sure there's a lot more people who just gave up on DeckTech and moved on...but don't just move on. You spent a lot of money on false promises of this deck system solving all your problems and it didn't. Instead the Granite Deck system only created more problems for you. Why should you incur the financial loss? You may be able to recover your funds by making a complaint.

The money you spent on the annual deck maintenance agreement was just designed to seperate you from your money, because DeckTech knew, or should have known, that this product was not going to work in the long run, or really even in the short run. They just used your money to line their pockets and limp your system along. For many people though, even with the ADMA, their decks are starting to fail and Deck tech won't be able to stem the tide once the gates break open.

So what should you do? The things I recommend are this- don't let Deck tech tell you it's your fault. It's not, any deck with Granite Deck on it that has problems is having problems because of the product and application.

File a complaint with the CSLB Click here to be taken to the online form for filing a complaint.

Remember, they have a probationary license, any complaints against DeckTech now could result in their license being revoked. That sword handing over their head should make them very willing to work with you to completely replace your deck, including tearing off everything to joists and installing all new plywood, a metal lath decking system and have it done right.

File a complaint with the SLO County District Attorney's office. Let them know you believe you were a victim of fraud. Present your contract and screen shots of our DeckTech info. Want an actual copy of the website page? Check the way back machine at waybackmachine.org   Look up DeckTech's old website, you'll see it there archived in their files, forever proving they may have made claims that are fraudulent.

Let us know about your deck problems with Decktech. With more pressure on them, they have to do something. Send us pictures, copies of contracts, anything you have and we'll direct you to the right people who can get your damages recovered. 




Monday, July 17, 2017

Deck tech's Owner Has a Lot To Lose; Working While On a Suspended License is A BIG Risk

Ron McKenna's bet is he can work with a suspended license without getting caught. 

DeckTech Inc has had a suspended license now for a week. 

Since last Monday when after a last minute attempt in court to stay a probationary license status, it backfired and without a required disciplinary bond ready to place with CSLB, their license was promptly suspended and remains so. Click here to check current status. 

DeckTech's owner Ron McKenna is thumbing his nose at the CSLB suspension however, having been found  working at two jobs thanks to tips from the public. One tip alerted us to their job in Pismo Beach in the tony "The Bluffs HOA" on Bluff Dr. 

Thanks to their sign, it's pretty clear who's job this is. By law no work can be performed, bid on, or employees be on a job. 

DeckTech Inc is working on a project at The Bluffs in Pismo Beach. Not for long.




Tuesday, July 11, 2017

A Reference I Wouldn't Touch With a Ten Foot Pole-Local Celebrity Attorney Jim Duenow Provides A Declaration for DeckTech

“How about if I punch him?”
Local attorney Jim Duenow spoke those words as he walked out of a San Luis Obispo courtroom March 6. 
Deck tech's Application for a Stay on Their Probationary
License Was Denied by The Judge

DeckTech Inc's Attorney, John Hodges, has actually thrown shit on the wall to see what sticks. Shit as in local "celebrity attorney" Jim Duenow, who has thrown his "good name" into the hat of DeckTech's  references. 
Duenow we will all remember infamously offered to punch opposition attorney James Wagstaffe in a SLAPP hearing last year for Cal Coast News during a slander/libel trial he represented them in. 
Duenow's license to practice was apparently suspended while he was representing Cal Coast News. In a civil matter. The CAS State Bar lists his license as being "Not Eligible to Practice Law" as of 7/1/16 and not until 3/8/17 did his license become active again. 
So now this fine upstanding individual has said "DeckTech has really saved us." in a declaration he submitted for Hodges to file with an appeal seeking to hold up Decktech's license being placed on a probationary status. 
As of now the appeal was denied and we are waiting for a conference scheduled for several months from now. 
But seriously, Jim Duenow? That's a stretch. 
Citations/links

Monday, July 10, 2017

DeckTech's Probation Monitor Assigned to Protect the Public

DeckTech's 3 Year Probation Begin's When Their License Returns to Active Status
Probation Monitor Watches Over Probationary Licenses
At Any Time, CSLB Can Review DeckTech's Books/Contracts & Interview Employees


I a conversation today with a CSLB representative, I was provided the newly assigned Probation Monitor's contact information.

Danica Storm at the CSLB will be the Probation Monitor charged with watching over DeckTech's  activities and business procedures to ensure they are in compliance with the terms of the probation. Yes, it's just like being a criminal, there's a price to pay when you are found by CSLB and an administrative law judge to have broken laws and abandoned the job...and that price is Danica watches over them.

You can read the official documents here online  This takes you to CSLB's website.

Have you been wronged by DeckTech? Do you feel that they aren't being honest or doing the right thing?      Don't hesitate to call Danica at 916-255-4460. 

Remember, only your documentation, photograph's, videos and most importantly, your desire to help quash a bad apple in the construction community will help Danika do her job fully. 







CONSUMER WARNING- Decktech's License Is SUSPENDED For Failing to Post Disciplinary Bond

Sister Company Hunter-James Inc is Suspended As Well
Suspensions Result From An Accusation Filed Against Them by CSLB
CSLB & Admin Law Judge Found DeckTech Violated Contractor Law's
Was Ordered to Pay Over $28,000 in Reimbursement 

Last Minute Attempt To Stave Off License Probation Fails


This morning in SLO Superior Court, Attorney John Hodges appeal to get a stay on a CSLB order placing DeckTech Inc on a probationary license status was denied. Appearing for CSLB by telephone was DA Deputy Attorney Shawn Cook who successfully argued the case for the CSLB. 

Apparently in blind confidence that the appeal would be allowed, DeckTech had not obtained the required disciplinary bonds of $15,000 each for them and Hunter-James. Upon notification by the DA, the CSLB suspended DeckTech's  license for failing to post the bonds by today. 

Cook expects DeckTech to file with the appeals court to overturn the CSLB order from comments made by Deck tech's attorney, John Hodges. Cook also expressed dismay that DeckTech elected to fight as they did with the evidence against them-a check for $15,000 as the deposit they took illegally for example. He said the State offered a stipulated settlement that DeckTech refused, which resulted in 6 days of testimony being given at 2 hearings and all that evidence is now admittable in any court hearings and public information as well.

The DA also related Atty Hodges great dislike for me saying he'd made numerous disparaging remarks about me during the months of the case winding it's way along.  I don't mind, it makes me feel good to have bitter enemies. One thing I wonder is Ron McKenna going to learn to stop digging the hole that he's in? I sure hope not, as long as the money well is open, John Hodges will keep billing DeckTech. Don't help them pay their legal fees! 

Consumer warning-DeckTech cannot legally contract accept a deposit or perform any work unless/until their license is reactivated. That could take some time. In the meantime  do not contract with DeckTech; do not give them a deposit, if you have, exercise your right to cancel immediately. Cancel any checks you may have written, call your bank too. Credit card deposits- file a claim with your card issuer to stop payment. If your 3 day right to cancel has passed, call an attorney immediately and file a complaint with CSLB. 

If DeckTech is currently working on a job of yours. STOP THEM FROM WORKING IMMEDIATELY! Any injuries to a worker will likely not be covered by workers compensation insurance. Document with video you requesting they stop work and leave the premises after removing their tools. Any materials should remain on the job if you paid for them.
Call the CSLB for advice on how to handle this.   Call the CSLB SWIFT team  at (559) 490-0580 Above all, do not make any payments to DeckTech! If you paid money by credit card, you may wish to file a complaint with them to stop payment or get a credit back. Call your attorney for advice on how to handle the issue you have. 

Email the CSLB SWIFT Team documents, photograph's etc if DeckTech is working on your property swiftcentral@cslb.ca.gov  

If you feel threatened in any way by Ron McKenna or anyone at DeckTech, call the police.  Then, file a complaint with CSLB. 
DeckTech & it's Affiliate Hunter-James Inc's licenses are suspended for failing to post ordered
disciplinary bonds resulting from an Accusation filed by CSLB.  

Monday, June 19, 2017

Lucia Mar Unified School District Needs to Be Beware of Greeks Bearing Gifts

DeckTech Offers to Donate Labor, Time, Materials
Is This Just a PR Stunt to Try To Make Themselves Look Good? 


Ron McKenna, seemingly out of the goodness of his heart, wants to donate time, materials and labor to rebuild a weight room. I think LMUSD needs to know Deck tech's background and ask what their ulterior motive is?

So we are just bringing forth that LMUSD needs to know that DeckTech is about to be placed on probationary license status.  Bet LMUSD contracting standards would not allow DeckTech to bid projects with a probationary license. 

LMUSD should also ask what ulterior motives DeckTech might have-like free publicity about what great guys they are...to me this stinks of a red herring to take consumers eye off the ball, that DeckTech has violated state contracting laws, bringing serious financial damage to a consumer. 

What do you think?