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."

Thursday, October 16, 2014

Read the Suit Against DeckTech Inc Here

The suit filed against DeckTech Inc has been served on September 23rd and the full document is now available here at this link

Decktech lawsuit
Read the whole suit at the link above. 

You can open and read it or download a copy for yourself free.

No reply to the suit has been filed yet, check back on a later date, probably after October 23rd is when a response will be made.

CSLB has also separately referred this complaint to the Attorney General's office for prosecution of DeckTech's license to be suspended or revoked.
7124.6. (a) The registrar shall make available to members of the
public the date, nature, and status of all complaints on file against
a licensee that do either of the following:
(1) Have been referred for accusation.
(2) Have been referred for investigation after a determination by
board enforcement staff that a probable violation has occurred, and
have been reviewed by a supervisor, and regard allegations that if
proven would present a risk of harm to the public and would be
appropriate for suspension or revocation of the contractor's license
or criminal prosecution.

We got some pictures of the job, tell us what you think...

DeckTech job lawsuit Morro Bay
Large gap, tile high on one side, poor detailing.

Poor job covering back of tile

Not enough mud to bond tile.

Demo'd area 

Thin membrane appears to be less than the minimum required by the
manufacturer's own written specifications. 

A second place demo'd reveals the same issue, not enough coating applied. 

Wednesday, October 15, 2014

Advisory Issued On Deck Tech Inc- Workers Compensation Insurance

Clients of DeckTech Inc of Grover Beach are cautioned to be alert and insist on being provided with a valid copy of an workers compensation policy before signing a contract or allowing workers of DeckTech's on their property.

According to the CSLB website, Decktech's license will be suspended on November 5, 2014 if CSLB does not receive a new policy.

In cases where no workers comp policy exists, and a worker i injured, CSLB and the Courts may look to you and decide you are the employer and make you responsible for costs associated with an injury. We advise to consult with an attorney or your insurance agent to ensure you are covered and protected.

Here is a screen shot of DeckTech's license status at CSLB's website. You should also be aware that DeckTech has serious allegations of fraud and deceit brought by the CSLB stemming from a construction complaint. Be sure to review the Complaint Disclosure Information

DeckTech's license status is in jeopardy of suspension for not having a workers comp policy.
Workers Comp policy expired 10 4 14

Tuesday, October 14, 2014

CSLB Refers DeckTech Inc of Grover Beach to California's Attorney General's Office

A construction case involving local deck waterproofing and general contractor Ron McKenna of Decktech Inc was recently referred to the state Attorney General's office by the Contractors State License Board. Case # N 2014 235 was listed on the CSLB listing for Decktech  on October 6th. The referral stems from a construction defect complaint filed by a homeowner in Morro Bay who hired DeckTech to replace a failed tile deck for $60,000 +. Decktech took a deposit far in excess than allowed by state law, which is limited to 10% or $1,000, whichever is less. DeckTech took a deposit of approximately $15,000, far above the $1,000 threshold.

Other complaints in the referral to the A.G. are for over payment of money for work not done, job abandonment, willful departure from accepted trade standards, failure to provide lien releases from sub-contractors and failure to provide mandatory language in the construction contract.  The result of the referral if DeckTech is found guilty is either suspension of the license for a set period of time, or revocation.

This case that will be prosecuted by the AG's office is in addition to a suit brought by the homeowner that was filed last month in Superior Court. The homeowner/plaintiff paid DeckTech a deposit of $15,000.00 when a deposit of a maximum of $1,000 can be taken in advance. Other charges may be added before the matter goes to court.

If you feel you have been taken advantage of by Decktech, we advise you contact the CSLB and consider filing your own complaint. You may be able to recover funds and you will help bolster the current case for a revocation instead of just a suspension. 

Feel free to contact us with your own personal story! Here below are screen shots of the DeckTech license listing at CSLB's website.

Decktech's license listing at CSLB's website.
Decktech's listing at CSLB as of 10 13 14

List of charges against Decktech are serious indeed
List of charges referred to AG's office are serious indeed.