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, 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.