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, 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






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