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."

Wednesday, December 23, 2015

Does DeckTech's Shredded Financial Documents Show They Took Illegal Deposits?

I've obtained shredded documents belonging to Decktech via a source close to the company. After reassembling several financial sheets, I've found at least two that appear to show deposits/1st draws and record of payment for what appears to be initial deposits far in excess of the legally allowed 10% or $1,000 whichever is less rule. 

DeckTech is already in trouble with the CSLB for a complaint made against them in late 2013 that has now become a formal accusation against Decktech  for violations of the law. One of those accusations is that DeckTech took an illegal deposit on that job, which bears out from the contract I obtained. 

The documents below appear to be Decktech's accounting for several clients, and show a "deposit/1st draw". 

It appears a large deposit was obtained from Mr Eacman in excess of the legally allowed $1,000 maximum. 

It also appears that Ms Sarah Boardman paid an excessive deposit/1st draw.

So readers you decide, did these clients pay an excessive deposit? 

Tuesday, December 22, 2015

Recovered Shredded Documents is DeckTech ADMA List - Are You On It?

A recovered shredded document of Decktech's provides us a large list of their Annual Deck Maintenance Agreement clients who are paying Decktech some pretty hefty fees to "maintain" their decks.

The list of clients was carefully reconstructed and revealed 12 months of clients signed on.

We recommend that the annual deck agreement be dropped and simply pay for the deck to be resealed every year with Granite Deck and every 5 years or less with Life Deck or Westcoat.

Granite Deck can be cleaned and resealed using Lige Deck Clear Glaze sealer sold at Miners Ace Hardware in Grover Beach. Westcoat/Life Deck products can be cleaned and resealed using Life Deck sealer from Miners or Westcoat sealer from pacific Industrial Supply in Grover Beach.

I'd love to hear from some DT clients and inspect your decks if you are having any problems!

See if you know anyone on the list below

Decktech's Sucker List

Don't be a sucker! 

Paying for washing the deck is a rip off...

If your DeckTech deck has problems, let us know!

Tuesday, December 15, 2015

Carboline Rep Says "Based on what I can tell... (Reactamine ET on decks) not the right application for these products"

I spoke with Paul at Carboline Technical Service (314-219-1707) who tells me that based on the pics I have of their Carboline's Reactamine ET being put on plywood decks by DeckTech that  it's not an approved application by them.

He also said they would not approve it if asked to. What bothered him is that if Nevada Coatings System is the "private label" that is supposed to be what's being put down, it should be in a can marked as such as it is deceiving the client of they think it's Carboline "approving" the application over plywood.

Call Carboline up at the number above and ask Paul yourself.

Seems with this information, if you saw this bucket as shown below on your job, but were told on our contract Nevada Coatings, you may ask yourself, have I been a victim of a bait and switch? And after you talk to Paul at Carboline, you might want to talk to CSLB? An attorney? DeckTech's Bonding Company? General Liability insurance carrier? All of the above? You decide.

Monday, December 14, 2015

Contractors State License Board Wants to Hear From DeckTech Inc Customers - Wants Info on Possibly Illegal Deposits & More

A conversation with the investigator leading the current case against DeckTech ended with the investigator asking for other DeckTech clients to step forward. They believe Decktech has multiple violations of contract laws occurring in the past, however they can't just review records...they need you, the DeckTech client whose rights may have been violated, to step up, complain, then CSLB will investigate to see if your claims are valid. One client complained and that led to the filing of an accusation against DeckTech.

 Accusation N 2014 000235 is currently pending at CSLB against DeckTech where the CSLB will either revoke or suspend DeckTech's license. Gross violations of the Business & Professions codes are alleged. On the CSLB website the six violations and the accusation filed against DeckTech is on the public disclosure area of their license listing.

Currently the feeling is from a Deputy Attorney General I spoke with, that for a first time offense, the license would be suspended for some minimum time period. The investigator from CSLB told us that they would move to revoke with further evidence of violations of the Business & Professions Code. Until such time, DeckTech is free to operate and has all rights to due process under the law.

Taken most seriously is illegal deposits. The CSLB is extremely interested in having complaints filed by DeckTech clients who paid a deposit greater than $1,000.00. The current complaint shows Decktech took an "initial deposit/first draw" of $15,000. See page 3 of the contract below. If your deposit is similar, DeckTech may have grossly violated your rights. Contact CSLB today for further information.
Deposit violates Business & Professions Code. No
deposit can be over $1,000 regardless. Additional payments
for special order materials and draws as work is completed is ok. 

Other serious violations the CSLB is looking for regards building permits. By law, the contractor must take out a building permit for replacing a deck system, opening stucco, repairing framing etc. If DeckTech had you get a building permit, or if no building permit was obtained, then they may have violated the Business & Professions code.

Other serious violations for which DeckTech is on the verge of losing their license by revocation or suspension is for failing to provide lien releases for sub-contractors they hired to work on your property. A sub could claim they weren't paid and they could possibly place a lien on your property and you would have to pay to get it released.

Some older contracts we've heard did not contain 3 day right of rescission clauses as required by law. Check your contract for a 3 day cancellation period. We found it on the last page of the contract we have a copy of. If you contract does not have this clause, you may have found a violation of Business & Professions code.

Click this link to learn more about filing a complaint and to obtain the complaint form. http://www.cslb.ca.gov/Consumers/Filing_A_Complaint/

If you've had problems with your deck and DeckTech was slow to fix it or used the salesperson for Nevada Coatings-David (Dave) Krubinski or Mark Marsch to say the deck was fine...well complain to CSLB, it's a setup. Read our blog at wicrleaks.com to find out more. Nevada Coatings products are not

Monday, November 9, 2015


DeckTech Inc of Grover Beach has been accused of multiple violations of the Business & Professions code in a accusation filed by the State Attorney General's office we've learned.

Along with five we knew of, a sixth has been added, failing to obtain a building permit. With 6 violations of the law, can anything but immediate revocation be the answer? I hope not...

Serious charges indeed! 

At DeckTech's license listing at the CSLB website   it clearly shows that with this "additional status" notice
    Disciplinary action is pending against this licensee in the form of an accusation. For further information, please call the Case Management Office in your area: (916) 255-4041 Northern California or (562) 345-7656 Southern California.
DeckTech's license will either be suspended or revoked after the conclusion of this accusation. Decktech is entitled to a hearing and due process, however, little we've seen indicates they have a chance in hell of winning based on the stats of CSLB with accusations upheld vs overturned. 

Decktech's license status clearly shows an accusation against them
in todays screen shot. 

Consumers are cautioned to take every protective measures they can now who may be contracted with DeckTech. Always get lien releases with each payment made, never let money get ahead of the work, never pay the final balance until EVERYTHING is done to your satisfaction. Make complaints directly to CSLB for any work, money, warranty whatever issues you may have with Decktech. Claims for work issues can be made with their general liability insurance carrier.

Considering DeckTech for work on your home or business? Well consider carefully....

Tuesday, November 3, 2015

Decktech's Internal Notes Reveal Employees Feelings on Certain Client- "A Pain In The Ass"

Copies of notes from DeckTech's job files reveal their feelings on a client of theirs.

"Pain in the ass Sheri" is apparently Sherri Ruiz of Grover Beach, who has some warranty issues with her deck and is resisting DeckTech's pushing the "Annual Deck Maintenance Agreement" on her.

In job notes from job files we received from an internal source, on 10/1/15 some logged in the job notes "rec an long as (sic) email from pain in the ass Sherri. I just ended up calling her. she does not want the ADMA she only wants the reseal for $395."

Other notes reveal that warranty work will take at least a month...and that the work won't start til the 28th of Oct per Saul.

Sherri is smart in refusing the DeckTech ADMA, it's a BS scheme designed to part you from your money.

So here we have again more disdain shown for clients direct from employees...a corporate culture that can only start at the top with Ron McKenna??? We are reaching out for more info from Sherri Ruiz and will update this information as we get more.

Clock is About Run Out For Decktech...License To be Suspended at 12:01 AM 11/4/15 if Workers Comp Policy Isn't Filed

Due diligence is always required when hiring and working with contractors. That's why it's important that consumers are aware that as of 12:01 am tonight, unless Decktech has filed a workers compensation policy with the CSLB, their license will be suspended. Click to view their latest license status.

It certainly is possible that the workers comp insurer files a certificate with the CSLB today, thereby averting the automatic suspension. It is a violation of license laws in California for an employer to have workers without covering them with workers compensation insurance. If a worker is injured on your property and the contractor doesn't have insurance, you probably will get stuck with the hospital and rehab bills...

One of the thoughts that crossed my mind is maybe they aren't getting renewed or a new policy in place is because potential insurer's are looking at their license status and seeing a complaint disclosure and that an accusation is about to be filed which may result in a license suspension or revocation...who would want to write a policy with that possibility and possible risk of non-payment?

Well, stand by and check the CSLB website for updates on their license...

If you see Decktech working tomorrow and have determined that their license is in fact suspended, you can file a complaint with the SWIFT team of CSLB that will come and check a jobsite. Find more info here at this link http://www.cslb.ca.gov/Consumers/Report_Unlicensed_Activity/

Screen shot taken Tuesday 11/3 at 8:20 am. 

DeckTech has a past history of being suspended for not having workers compensation insurance and had a bond cancelllation due to a claim on the bond; these occurred in 2013 for the workers comp and in 2015 for the bond license suspension. 

This photo from 2/11/15 shows a Decktech employee on site at a job. 
In 2013 DeckTech's license was suspended for lack of workers comp insurance. 

Suspended in early 2015 after a claim against their bond was paid by the Bonding Company, they weren't paid back until after CSLB suspended DechTech's license. CSLB is currently investigating whether DeckTech employees were working on the days the license was suspended. Evidence we provided CSLB seems to show they were...


Got Problems With Your DechTech Deck? You Are Not Alone...Despite What They Say

Decktech loves to crow about their satisfied clients...pushing some it seems to write rather stilted reviews on Yelp and for their website. If you visit DeckTech.org.testimonials you'd think you found gold based on the "reviews".

Well behind every testimonial there's usually a unhappy customer or two here and there...but with Decktech...well lets just say that the "Warranty List" of DeckTech's that we got is, er how to say, rather extensive...

Every company has a few clients that needs "warranty work" but the list of 22 names we got is a lot...makes us wonder what's going on. This list of 22 names comes from a high ranking employee in the company who passed it on to us...

You may wonder too, and before you just run off and buy something because it sounds really good (remember, if it's too good to be true, it is) maybe you should review the unhappy client list of DeckTech's and talk to these clients and see if they would use them again...


1.) Bonnie Mello 290 5th Street Grover Beach.
2.) Steve Freyaldenhoven 5896 Birkdale Lane SLO
3.) Jerry & Kim Scott 1110 Button Sage way Arroyo Grande
4.) Christa Lowry 542 Via La Barranca Arroyo Grande
5.) Janene Cooper 3560 Studio Drive Cayucos
7.) Arlene Stone 1320 Pineridge Morro Bay  New overlay on decks coming
9.)                       1380 Foxenwoods
10.) Gary Beatson 539 Palos Seco Arroyo Grande Had warranty work done in 2014, needs more in 2015
11.) Maggie Woodward Avila Beach
12.) Sherri & Bob Ruiz 1192 San Sebastian Court Grover Beach  Job notes show Sherri is a pain in the ass.
13.) Lynn Bjoklund 1893 Laurel Place Cambria
14.) Robert & Lauri Davis 6480 Rocky Canyon Atascadero
15.) Steve Guichard 8555 Corriente Road Atascadero
16.) Bob Cochran 285 Lawrence San Luis Obispo
17.) Candy Davis 40 St Mary Street Cayucos
18.) IFixIt 1330 Monterey St San Luis Obispo
19.) Connie Main 1239 Aberdeen Grover Beach
21.) Randy Voss    Christine Way Pismo Beach

Monday, October 19, 2015

Is WICR Poised To Take Over Decktech? If DeckTech's License is Suspended or Revoked, Would a Hostile Takeover Occur by Their Private Capital Investors?

Interviews with CSLB show that they are preparing an accusation against Decktech resulting from a consumer complaint. Accusations typically result in one of two things, a license suspension or a license revocation.

List of B&P Codes allegedly violated. 

The result of either action would essentially put DeckTech out of business. Any other licenses held by Ron McKenna would also be revoked or suspended. That essentially leaves DeckTech without the ability to work. The problem for Ron McKenna, owner of DeckTech, is that he has "Private Capital Investors". Apparently these investors have little patience for people that don't pay; in one email we obtained, McKenna threatened his client with this statement- "In addition I will not be able to protect you from Private Capital Investors, and xxxxx, these individuals will take this to an arena, I can certainly guarantee you have never visited and don’t think for a minute it will be worth 9k savings you cheated them on."

So let's think about that for a minute; McKenna's investors loan him money, probably based on jobs he's signed so he can pay for his labor, rent, materials etc. Now, envision you lose your license and with it your ability to work (and pay your loans back). Just what the hell are you going to do now? 

McKenna, with no ability to contract, either firesales his equipment to pay his investors, god forbid they will take him to an arena Ron has never visited and it won't be worth the savings McKenna is trying to cheat them of...or he ends up being on the short end of the stick when his investors take over the operation. It's believed that one of his suspected investors owns a waterproofing company in San Diego. DeckTech's loss of their license could trigger this theory into reality. 

Hmmm, although just conjecture and theory at this point, it has some small measure of hope that McKenna sees his dream lost from his greed and decision to not follow the law on deposits and billing clients. Probably serve him right...what do you think readers? Is this theory plausible? Will it happen? Sound off in the comments...

Wednesday, October 14, 2015

Consumer Alert-DeckTech's License May Be Suspended on 11/4/2015

A recent check of DeckTech's license #796756 shows their license being up or suspension on 11/4/2015 if CSLB doesn't have a copy of their workers compensation certificate in place.



Wednesday, September 16, 2015

No Settlement Yet in Smith vs DeckTech

The lawyers gathered around as did the plaintiff and the defendant, Ron McKenna of Decktech.

Over several days last Wednesday and Thursday, a mediation took place but according to documents filed, the case continues on without a settlement. DeckTech is being accused of installing a waterproofing and tile system so poorly that it doesn't meet generally accepted good workmanship principles, abandoning the job and other various accusations.

Ron McKenna arrives at his mediation last week in this file pic. 
A case management conference is scheduled in early December and a new date for mediation will be scheduled in the near future. In the meantime, CSLB continues it's case against DeckTech, seeking to either suspend or revoke DeckTech's license for violations of the Business and Professions codes regulating contractors. 

According to a spokesperson at CSLB, an accusation against DeckTech is moving ahead to be filed shortly with the California Attorney General's office. Accusations are typically reserved for the worst violators of CSLB/Business & Professions laws.

In the meantime, CSLB seeks other possible victims, urging them to come forward if they believe they were victimized by DeckTech. Possible violations CSLB is seeking evidence of includes taking deposits in excess of 10% or $1,000 whichever is less, failing to be provided with lien releases, taking payment on work not performed yet and other potential violations. Consumers who may have been victimized are urged to call or write the CSLB.

Wednesday, September 9, 2015

CSLB Reports That Accusation is About to Be Filed Against Decktech

Accusations of violations of the Business & Professions Codes by Ron McKenna,
owner of Decktech Inc are about to be filed by the CSLB.
In this photo, McKenna is seen arriving at an arbitration regarding the same matter.  

Is Ron McKenna's and Decktech's clock running out? Will their license be suspended or revoked? Only time will tell, but that time is coming soon. Watch for CSLB's disclosures on Decktech's license listing at https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=796956

Decktech has been alleged to have construction defects on a current job in Morro Bay CA. The owner of that project has brought civil suit against DeckTech. This matter is currently in arbitration. However, the CSLB is pursuing McKenna on their own, alleging multiple violations of B&P codes.

At this time, consumers should decide for themselves whether to contract with a firm that may not be around to back up any warranties or work they perform.

A spokesperson for the case management office of CSLB says DeckTech's case referral to the Attorney General's office is about to be filed as an accusation.

According to Cal Construction Law Blog-
The most serious violations are subject to the filing of an accusation. In an accusation, the CSLB seeks to suspend or revoke a contractor’s license, and begins with the CSLB filing an accusation which is similar to a complaint filed in superior court and includes an allegation of claims. A contractor has 15 days from service of an accusation by the CSLB to file a notice of defense.The Administrative Procedures Act (Government Code sections 11500 et seq.) govern accusations, including limited discovery of names and addresses of witnesses, statements taken, investigative reports, and documents sought to be admitted as evidence. A mandatory settlement conference before the hearing may be conducted.
At the hearing before the Administrative Law Judge (“ALJ”) the burden is on the CSLB to prove by clear and convincing evidence that a contractor’s license should be suspended or revoked. The rules of evidence, however, are typically more relaxed. Following the hearing, the ALJ will issue a proposed decision.
The CSLB may adopt the proposed decision in whole or in part or may enter its own ruling. The CSLB can also request that additional evidence be heard. The decision of the ALJ becomes a final decision 30 days after service of proposed decision unless reconsideration is requested.
A contractor who is unhappy with a decision can seek judicial relief by filing a petition for peremptory writ of administrative mandamus in the superior court. The peremptory writ provisions of California Code of Civil Procedure section 1094.5 govern writs and require the superior court to conduct an independent review of the record. The parties may also appeal the decision of the superior court to the court of appeal.
Contractors who lose an accusation may be required to pay the CSLB’s investigative and enforcement costs and they can be substantial, running in the the tens of thousands of dollars. Like an adverse decision, a contractor can challenge the reasonableness of investigative and enforcement costs.
A contractor whose license is suspended may be reinstated upon proof of the contractor’s compliance with the conditions of suspension or, in the absence of such conditions, the discretion of the CSLB. A contractor whose license is revoked may not reinstate their license for a minimum of one year or up to a maximum of five years. A contractor will also be required to file a disciplinary bond.

DeckTech's Day to Answer Allegations of Defective Work is Here

Ron McKenna of DeckTech Inc, located in Grover Beach CA, with his insurance company provided attorney's, appeared at a court ordered arbitration at McDaniels Court Reporters office, located at 1302 Osos Street in San Luis Obispo. The long awaited date arrives and gives the plaintiff's suing DeckTech a chance to recoup their losses resulting from their alleged construction defects caused by Decktech and/or their sub-contractors, primarily Quality Tile of Arroyo Grande.

The arbitration is one part of the case, with the Contractors State License Board (CSLB) moving ahead with their own allegations against DeckTech relating to violations of the Business & Professions Codes, including taking too large of a deposit ($15,000 deposit when only $1,000 deposit was allowed by law), taking more money than work was done, not issuing conditional releases for funds that were paid etc. You can review DeckTech's license here at this link and read the CSLB complaint disclosure.

Check back and once the case has been settled, we will report on the results. Pundits weighing in on the matter told us that agreeing to arbitrate means the defendants chances in a court room aren't great and that arbitration is where they could limit any damages awarded. We've heard numbers around $100,000 to repair and redo the 850 square foot deck. Actual damages are usually awarded to the prevailing party in arbitrations, where in court trials and jury or judge could award other damages as well.

Alleged defects such as "picture framing" of tiles improperly grouted, improper minimum
thickness of waterproofing materials, poor tile installation etc are some of the problems DeckTech faces.

Ron McKenna arrives at McDaniel Court Reporters office on Osos Street in San Luis Obispo
for the beginning of an court ordered arbitration for his firms alleged construction defects. 

Ron McKenna enters McDaniels Court Reporters office on Osos Street.
His company, DeckTech Inc has been accused of causing damage to a home because of
construction defects.

DeckTech's order to arbitrate the matter.

Wednesday, April 29, 2015

Lawsuit Against DeckTech Inc Going to Mediation-Evidence Against Them Overwhelming!

A lawsuit filed last year against Decktech Inc of Grover Beach (www.decktech.org) will go to mediation instead of being heard in civil court. 
Oder to mediate as agreed by the parties.

In Frank Smith vs Decktech Inc., the suit alleged a variety of offenses regarding Decktech's alleged poor workmanship and violations of civil code governing contractors.

 In a separate action unrelated to the suit, the Contractors State License Board (CSLB) is pursuing Decktech regarding Frank Smith's complaint regarding workmanship and civil code violations. CSLB has placed a Complaint Disclosure notice on Decktech's license listing in order to inform consumers who may be checking their license in consideration of hiring them that Decktech's license is likely to be suspended or revoked for those violations alleged in the complaint. 

The mediation was agreed to by both parties. In most cases like this when the parties agree to mediate, the defense is basically backed into a corner with overwhelming evidence against their client. We have a copy of Decktech's contract and the full lawsuit you can download and read and see the numerous violations of contractors law in the contract language. These violations range from illegally taking a deposit over $1,000 prior to starting the work, to failure to provide lien releases. 

Legal advisors we consulted with say that when a party agrees to mediate they are simply hoping to reduce the award that may be given in a lawsuit with such overwhelming evidence in hand. The best a defense attorney might do in mediation is keep the award limited to actual damages instead of including punitive damages. 

If you contracted with Decktech in the past and Decktech took an initial deposit over $1,000.00 or 10%, whichever is LESS, failed to receive Lien Releases, failed to receive a 72 hour cooling off period, paid money for work that wasn't done, are experiencing problems with the work performed, you may have a claim too. You are encouraged to contact CSLB and file a complaint by clicking this link.  http://www.cslb.ca.gov/Consumers/Filing_A_Complaint/

Don't delay, civil statutes have time limits for filing complaints. Don't let yourself be a victim of unsavory and illegal business practices by Decktech. 

Contact us too so we can highlight the issues you are having here on this website. 


Tuesday, March 10, 2015

DeckTech's Lawyers Tacitly Admit That DeckTech Lies By Filing Lawsuits Against Subcontractors

False Advertising?  From Decktech's website - "DeckTech, Inc. would become a full service “one stop shop”. Ron’s clients could depend on him and his crew to provide a sound long term solution to their existing leaky deck or leaky stair project. From start to finish Ron and his team would complete projects without any outside contractors so they could ensure every step and detail would be done properly."

Is Decktech Inc a "one stop shop" or are they just big fat liars? In the current lawsuit against Decktech Inc by a client in Morro Bay, part of the claim made in the suit was that oral statements made by Ron McKenna, on their website and made in the contract fraudulently induced him to contract with Decktech, based on promises that they are a one stop shop and that no subs are used. . 

Last week, on March 5th DeckTech Inc's lawyers exposed Decktech's lies by filing suit in San Luis Obispo Superior Court against two sub-contractors-B&B Construction Cleanup & Quality Tile, located on Traffic Way in Arroyo Grande. What B&B Construction Cleanup did to warrant being named is unknown, as from our understanding from the client of DeckTech's, they demo'd the existing deck and tile before Decktech took over. 

We can certainly understand why Quality Tile was sued-their work we saw was atrocious- 
DeckTech's subcontractor Quality Tile is alleged to have performed sub-standard work in a lawsuit filing in Superior Court
A key slides right in under the tile at the edge, indicating that there is no thinset on the edge to bond
tile to the waterproofing. 
Expensive saltillo tiles will need to be removed after the sub contractor, Quality Tile, allegedly installed them wrong.
Poorly set tile, poor layout and improper slope on the deck is
alleged by the plaintiff in a lawsuit against DeckTech.

Saltillo tile is supposed to be sealed first, then installed. Staining on the edges from grout that can't be rinsed off leaves an undesirable effect.
A security camera clearly shows a worker using a sponge, in spite
of mfg instructions to use a grout bag.

DeckTech appears to be searching for a scapegoat to lay blame on, instead of "taking ownership of every project" Their statement  "We personally want to ensure that you get what you are paying for and are happy with the results of our work. Our commitment to getting the details right helps us exceed our customers' expectations and keeps our customers coming back for life." appears to be just more bullshit. The plaintiff had asked DeckTech to fix their work, but was instead told that DeckTech was moving on...leaving the plaintiff with a very deficient deck. 

It appears that you can't trust Ron McKenna and DeckTech to do what they said they would do, despite the fancy website and promises, it appears DeckTech is just another deceitful company out to steal your money. An inquiry to DeckTech via email asking questions and for a statement was not responded to by DeckTech. 

Readers, what do you think? Sound off in the comments. 

Friday, February 13, 2015

Decktech Has Contractors License Reinstated - Settles Another Claim Against It's Surety Bond

DeckTech's  surety bond claim issues are certainly costing the company money-the only way to get your license back from a surety bond claim that was paid by the bond holder is to reimburse them for all costs of the claim. Investigation costs and any claim amount paid MUST be repaid before the bond is reinstated. 

As of 2/12/15 CSLB says Decktech's license is active again after suspending it on 2/4/15 for a bond cancellation. 

If you are considering hiring Decktech, please note that they have several strikes against them-
they have an active complaint disclosure on the CSLB website with their license on the line for revocation or suspension because of a complaint by an owner who was allegedly harmed by DeckTech's alleged illegal business practices-taking to large of a deposit, failing to provide lien releases etc. 
Then there's their history of license suspensions- November 2013 for failing to have a workers compensation policy in effect, a scheduled bond cancellation in August 2014 for pending claims against the bond and the latest license suspension from February 4th 2015 to the 11th.  
Decktech Inc has had their license suspended twicew in 15 months, In November 2013 for lack of workers comp insurance and again in Feb 2015 after their surety bond was cancelled.
November 2013-Decktech's License Is Suspended for Lack of Workers Comp Insurance. 

August 2014 Decktech's bond was cancelled for outstanding claims against the surety bond. DeckTech kept their bond by paying the claims against their bond. 
Decktech's bond was cancelled and their license suspended when their surety bond was cancelled for a claim against the bond. The bond was reinstated after Decktech reimbursed their surety for any losses paid out.
February 4, 2015 Decktech's bond is cancelled by their surety carrier for a claim that resulted in a pay out. Decktech reinstated their bond by paying the surety company back for their losses. 
Decktech still faces serious charges brought by CSLB in regards to a case being currently investigated. They will either lose their license via a suspension or revocation because of the seriousness of the case and allegations. 

Unfortunately CSLB's website is not set up for consumers to see the whole history of a company before they make a decision on whom to hire. Looking at the website today you might assume DeckTech's license is squeeky clean, but after seeing the history here, know you know the truth and can make prudent business decisions. 

Got a DeckTech story for us? We'd love to hear it! 

Wednesday, February 11, 2015

"Disgorge" - This One Sneaky Legal Trick Could Force DeckTech To Pay All Your Money Back!

Whenever I heard someone use the term "disgorge" in the past, I thought they were being polite about how they said they were throwing up...

Then recently I learned of another meaning for disgorge, this one referring to getting a contractor to pay you back all of the money you paid them based on some legal technicalities in the state of California.

From the law offices blog of William Porter comes this  "If a contractor is unlicensed at any point during its construction work on a project the general rule is that not only will the contractor be unable to sue for any sum it contends it is owed for work on that project, but it may also be required to actually disgorge all sums it received in relation to the entire project, including for work performed while the license was properly in place."

Contractor Lacking License at Any Time During Construction Project Can be Compelled to Refund All Payments Received DuringEntire Project; A Prejudgment Writ of Attachment May Secure Refund This post discusses the legal grounds for disgorgement and describes one case where the claimant received a judgement for $360,000 they paid to their contractor who became unlicensed while performing work. 

Disgorgement is the sneaky legal trick a smart attorney will use to seek to force DeckTech to repay all of the money a client paid if they have been unlicensed at any time during the course of construction. 

This is not legal advice and is not intended to be...always consult a legal professional for advice. 

As Porter warns contractors reading his paper- "The easy rule for contractors to follow is: Do not perform any work on a construction project without a valid California contractors’ license in place at all times. Failure to follow this simple rule may result in the denial of a right to sue, disgorgement of all sums received in relation to the entire project and a prejudgment writ of attachment on all the contractor’s assets."

Wow, could this little legal trick snuff Decktech out? Time could tell...

Deck Tech Still Working Despite License Suspension?

As reported previously, Decktech's license has been suspended by the CSLB for lack of a surety bond. Their prior bond company had cancelled their bond as of Feb 4th and a new bond has not yet replaced the old. As such, DeckTech by law is not supposed to be working, but I caught them at a job site in Pismo Beach. They also have a permit out on an active bond in Oceano but that job has been idle for the last several days strangely enough....
Decktech job in Oceano Ca. Working while a contractors license is suspended is fraught with risks.
Decktech jobsite in Oceano. 
I stopped by Huber street in Grover beach yesterday (2/10) and again today where Decktechs office is. As I pulled in yesterday, one truck with two men was already pulling out and a second one was in the driveway ready to go.
I stopped to wait for the next truck to leave and as I was Ron McKenna came around the corner in his truck. He began crying that I was spying on him...and I pulled out my video and caught this part of his tears before he drove off...watch the video via this dropbox link. https://www.dropbox.com/s/c7ou9o4vzapk147/2015-02-10%2016.10.50.mp4?dl=0

Ron got so flustered he came back out in another vehicle GMC SUV with someone (Saul?) driving. They pulled around the block and pulled in behind me and Ron was filming...he then pulled up next to me and with my camera rolling began yelling I was stalking him and he called the police...I have my own choice words as a reply, watch it here https://www.dropbox.com/s/du33rebozv6v1sv/2015-02-10%2016.51.10.mp4?dl=0

I followed a Decktech truck out that looked like it was going off to a job...instead it drove all the way down to Brisco Hardware where two workers went and bought one box of screws...then drove back to the shop. Bored, I drove around to check a couple job sites to see if I could find the other truck. 
Decktech truck with logo and suspended license number
 on it at a job site at Clydell Court in Pismo Beach.  

Today I went by the office and a truck went out but I lost it...I stopped and waited at one job site but no crew materialized so I went for a ride to a Coastal Community Builders jobsite in Pismo Beach. 
There I found a Decktech crew working...

Decktech employee in uniform with logo's visible at a jobsite on Clydell Court in Pismo Beach. 

Seemingly flouting the law, Decktech employees work on a job in Pismo Beach.
Decktech employees working on a deck at a single family home project
being built by Coastal Community Builders on Clydell Court. 
So here is Decktech seemingly defying the CSLB and continuing to work despite having a suspended license showing at the CSLB website. We've sent CSLB pictures and complaints...lets see what happens next. Stay tuned! 

Monday, February 9, 2015

CONSUMER ALERT-DeckTech's License is Suspended! They Can Not Work on Your Job Until They Have a New Bond

Suspended as of February 4th, 2015, without a license DeckTech may
 NOT legally work on your property until they have a new bond and the suspension is lifted. 
In a new development we just learned of, the General Contractors license held by DeckTech Inc of Grover Beach is under suspension by the Contractors State License Board as of February 4, 2015. This marks the second time in less than a year that their bond was about to be suspended or has been suspended. In August 2014, we reported their pending bond cancellation on a consumer warning alert. http://waterproofdeckcoatingadvice.blogspot.com/2014/08/bond-alert-for-clients-of-deck-tech-of.html

Decktech's license was also under threat of suspension in October 2014 for not having workers compensation insurance in place. That suspension threat was averted. 

On the publicly accessible listing at CSLB's website the information as of today, Feb 9, 2015 shows that the bonding company American Contractors Indemnity Co has cancelled their bond as of Feb 4th. According to a spokesperson we spoke to at American Contractors this morning, there is a claim against the bond which triggered the cancellation.  Given that this is their second claim in less than 12 months, it is likely, but not confirmed that the bond company simply decided to cut their losses and rid themselves of DeckTech and the multiple claims. 

A bonding company guarantees up to $12,500 in damages if a contractor is found to have been in violation of CSLB  or CA Business and Professions laws and a payment was made or about to be made on a claim.  DeckTech has to pay the bond company the amount of the damages paid, plus their costs to investigate the claim before they can get a new bond or reinstate their old bond. 

Consumers, contractors and anyone with a contract with DeckTech, the following may apply, you are advised to consult with a legal professional to determine your rights, however you should
  1. Do Not Allow any worker on your property! DeckTech's suspended license does not allow them to work until they have a bond. Remove any workers from your property immediately. Report any Decktech workers on your property to CSLB and/or Department of Industrial Relations. 
  2. From Feb 4th onward, any work DeckTech may have done does not have to be paid for. A contractor whose license is suspended cannot collect for any work they've done. Do not pay for any work performed after Feb 4th and report any work they have done after 2/4 to the CSLB immediately. Their workers are at extreme risk as typically workers comp insurance is not valid under a license suspension. An injured worker may bring a claim against YOU if they are injured on your property!
  3. They may not present a contract for over $500 materials and labor. Only a licensed contractor can provide a bid over $500. If you receive a bid over $500 dated on or after Feb 4th 2015, send a copy and file a complaint immediately with the CSLB.  
This suspension comes at a bad time as Decktech also still faces a lawsuit against them for damages they allegedly caused on a project in Morro Bay. Piggybacked on that case is a CSLB action in conjunction with the Attorney General's office to suspend or revoke DeckTech's license for numerous alleged violations of the California Business & Professions Codes. 

All in all, consumers would be well advised to steer clear of Decktech at this time until/if they can clear their name. 

I'd love to hear your story of working with Decktech, as well as inspect your contract. Numerous consumers appear to have been damaged by alleged violations including taking illegal deposits in excess of $1,000, the maximum initial deposit allowed by law, paying to much money for the work performed's value and other egregious violations. Contact us today! 

Tuesday, February 3, 2015

Did a DeckTech Client Predict the Future?

Some of DeckTech's most ardent critics all say that Scott Wilson, former operations manager of Decktech, was a good guy who seemed to be stuck between doing the right thing and having to answer to his boss, Ron McKenna. Below is an excerpt from an email from a client of Decktech  that supports that.

"In closing, in an email from you sometime ago, you stated that Scott Wilson was an honorable man. I want you to know, that both X and I have always felt that way. It is a very uncomfortable situation that he is currently in.  I suspect he has been put in this situation before. It will be just a matter of time before he realizes that he has had enough."

Well it seems that prediction came true...

Wilson left Decktech in the fall of 2014 to open an archery shop and range. In an article featuring Scotts new venture in the Tribune's Biz Buzz Extra insert this week, Wilson is quoted as saying "The last few years I had been working for a construction company, and I quickly realized that was not what I wanted to do."

Other clients have said similar things, they liked working with Scott and had no problems with him at all. Any problems in the job though seemed to be handled by owner Ron McKenna, and that's where opinions of Scott sharply veered to the extreme opposite; from email to or about McKenna by clients of Ron's-

"Your attitude and demeanor reminds me of a school yard bully."  

"With regards to the contractor  that provided and installed the Nevada Coatings product on the job in question, I can not speak more clearly about his lack of professionalism. This contractor becomes agitated and difficult when you disagree with him."

"I do have issues with the other contractor (Ron Mckenna) in question and his ethics and workmanship." 

What do you think readers? Did Scott Wilson have a "come to Jesus moment" and leave DeckTech because his ethics and morals wouldn't allow him to continue  in Decktech's work culture? 
Sound off in the comments!