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."

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! 

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