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, August 16, 2017

DeckTech's Granite Deck System- Were You a Victim of Fraud?

On every job I've seen where DeckTech was installing Granite Deck, these buckets keep appearing.
I've never seen a bucket labeled "Granite Deck" or with "Nevada Coatings" on them. 

 Are Claims Like "Granite Deck Is Unlike Any Other", "Eliminates All of The Components That Make Other Waterproofing Methods Fail", "Offers a Class A Fire Rating" "Offers an Anti-Fracture Membrane" Misleading or Fraudulent When It Fractures, Peels & Cracks? 

If you bought the DeckTech Granite Deck System in the last 10 years, in my opinion, you were the victim of fraud. That's a bold statement to make, so let me make my case, then you decide ok?

DeckTech's Old Website

So here below we see some screen grabs from DeckTech's old website. One screen grab shows their guarantees and warranties boasting about their "proven waterproofing system" that "almost completely eliminates the risk of fractures, fissures or cracks..."


Here on a screen shot from Deck tech's website in February of 2015 we see DeckTech claiming the Nevada Coating System is a "proven waterproofing system" . They are one of the few companies authorized to utilize this advanced form of waterproofing technology. 

On DeckTech's page devoted to Granite Deck, they claim a Class A fire rating & "encapsulation at flashing & nailing details."  We've asked for proof from Nevada Coating Systems and Decktech, and each has refused to provide a copy of the industry standard ASTM E-108 Roof Classification Fire Test report that shows the product passed an accredited lab's fire testing protocols.
Claiming a Class A rating when there isn't one is fraudulent in my opinion, a consumer trusts that what an advertisement says is true, and there is a truth in advertising law in place that the FTC enforces that an ad, whether on the Internet...or anywhere else, federal law says that ad must be truthful, not misleading, and, when appropriate,  backed by scientific evidence.
Did you buy Granite Deck? Have you ever seen any evidence the product has a Class A rating? 
Here is Exhibit A, a page from Deck tech's old website. Here they talk about Granite Deck being the end all to your deck problems, "Granite Deck is unlike any other" and "offers an anti-fracture membrane". Is that really true? I say it's not.




Is Granite Deck Class A fire rated? 

Here we see the DeckTech Granite Deck burning in a non-scientific "test" I did on one of their samples. I put burning coals from my BBQ on the sample and let them smolder. The coating ignited like you see here, and when I pushed the coals off, the coating continued to burn. I don't think this product would pass the standardized Class ASTM E-108 testing in my opinion. So again, if there is no test, no proof it is Class A as DeckTech claimed, and you bought because it was, that seems to be fraud in my opinion.  
I don't believe so. Despite Deck tech's claim on it's website and despite David Krubinski/Mazor in an email saying so, they refuse to actually show any tests that might prove it is. I asked for a copy in 2013 from Nevada Coatings. This is the answer I got back from Krubinski/Mazor- 

"To clarify, you are not entitled to our fire testing information since you are not a client of Nevada Coatings neither are you an authority on this issue, waterproofing issues or any construction in general.  You are simply an improperly licensed contractor continually impugning others work and efforts by touting yourself as an expert on a web site, when you are not…
Nevada Coatings will not participate in your web games, however we will advise you, Nevada Coatings has been thoroughly tested through Underwriters Laboratory and has achieved a Class A Fire Rating a number of years ago. Therefore if you were truly honest and trying to make a difference in the coatings industry, you would let the two or three readers of your web page know Nevada Coatings has confirmed a Class A Fire Rating, but I doubt you have the courage to be honest.
 To confirm our position, we will not be submitting any documents to you at any time and this will be our last correspondence with you." 
So with the exception of NCS, every manufacturer I know of has no problem releasing data that proves their claims. Either Major and DeckTech is lying, which is probable, since Mazor has been caught 2x lying under oath in legal proceedings. 

Exhibit B- A claim on Decktech's website says they "have collaborated with Nevada Coating Systems" and that it is a "This proven waterproofing system eliminates all of the components that make traditional waterproofing methods fail..."


History

DeckTech began selling Granite Deck around 2012 or 2013 I believe. Nevada Coating Systems is the "manufacturer" of the Granite Deck "product". Nevada Coating is owned by David Mazor, formerly David Krubinski. Krubinski supposedly "manufacturer's" Nevada Coatings. 

What is Granite Deck? Who/What Is Nevada Coatings, Inc?

The company was born apparently in 1997 according to filings at the CA Secretary of State's office

Nevada Coating Systems is a "manufacturer" as they claim on their cheap website. David Mazor/Krubinski "invented" or somehow came up with the idea of Granite Deck I believe in 2007/2008. (Based on date stamps on CNS Tech Bulletins at www.nevadacoatings.com )By taking Polyurea, a 2 part fast drying coating that is sprayed onto a surface using a special paint gun that catalyzes the A & B parts of the polyurea at the nozzle, where when they combine, the materials cure very rapidly. Broadcasting ground up Corian chips from Amerylite into the mix gives it it's "granite" appearance. After it's cured, a clear UV resistant coatings is applied. 

The Reality
The truth though is that David Major doesn't manufacturer anything at all. The companies address is listed as a home in an HOA near Palm Springs. From what I've seen over the years, all they do is resell Carboline's  Reactamine polyureas. 


DeckTech sold this Polyurea as the Wonder Bread solution to every deck problem in the world, dissing all the other deck companies products when they were selling Granite Deck so hard. They sell a "warranty maintenance package with the Granite Deck-10 years they claim, as long as you pay them every year. And they want a lot of money for a bunch of nonsense. 

For a while, everything seems groovy. However, after a couple years, I start getting calls from DeckTech clients everywhere-Orcutt, a pool deck at condos that is peeling up everywhere,  Cayucos a custom home not yet finished, failures everywhere, Avila Beach, more condo's with a failing Granite Deck system, Shell Beach where the Granite Deck is falling off the deck, an owner on El Portal in Shell Beach, another one in Morro Bay who files suit and files a complaint with CSLB. Atascadero, an owner calls, their Granite Deck is peeling and DeckTech refuses to fix it, they didn't reseal it every year as recommended. Paso Robles, a large winery with B&B rooms has roofs and decks failing. An owner on Rockview Condo's in SLO calls 3 weeks ago, another calls on Wednesday with a deck that's failing. Scroll on down...see all the failures-

A Few Photo's I've Taken Over the Years of Failing Granite Deck systems

Failure on deck in Arroyo Grande

Peeling in Arroyo Grande
Blown out in Pismo Beach

Failed to encapsulate the metal, so it still rusted. Avila Beach.

Pinhole delamination Granite Deck applied so thin it's worthless. Orcutt

Another sample of Granite Deck pinholed. Cayucos 

Peeling Granite Deck on copper flashing in Cayucos

A whole pile peeled off the copper flashings in Cayucos. 

Failing Granite Deck under tile on El Portal in Shell Beach
Failed Granite Deck Rockview Condos SLO

Granite Deck is peeling off flashing at Rockview Condo's in SLO
So Now What?

So now after 5-6 years of Granite Deck systems being installed, the chickens have come home to roost. Clients are complaining to us about their decks. A list I got hold of from DeckTech's recycling bin last year showed over 20 clients on a "warranty" list of decks needing repairs.  That's a lot of warranty repairs!

I'm sure there's a lot more people who just gave up on DeckTech and moved on...but don't just move on. You spent a lot of money on false promises of this deck system solving all your problems and it didn't. Instead the Granite Deck system only created more problems for you. Why should you incur the financial loss? You may be able to recover your funds by making a complaint.

The money you spent on the annual deck maintenance agreement was just designed to seperate you from your money, because DeckTech knew, or should have known, that this product was not going to work in the long run, or really even in the short run. They just used your money to line their pockets and limp your system along. For many people though, even with the ADMA, their decks are starting to fail and Deck tech won't be able to stem the tide once the gates break open.

So what should you do? The things I recommend are this- don't let Deck tech tell you it's your fault. It's not, any deck with Granite Deck on it that has problems is having problems because of the product and application.

File a complaint with the CSLB Click here to be taken to the online form for filing a complaint.

Remember, they have a probationary license, any complaints against DeckTech now could result in their license being revoked. That sword handing over their head should make them very willing to work with you to completely replace your deck, including tearing off everything to joists and installing all new plywood, a metal lath decking system and have it done right.

File a complaint with the SLO County District Attorney's office. Let them know you believe you were a victim of fraud. Present your contract and screen shots of our DeckTech info. Want an actual copy of the website page? Check the way back machine at waybackmachine.org   Look up DeckTech's old website, you'll see it there archived in their files, forever proving they may have made claims that are fraudulent.

Let us know about your deck problems with Decktech. With more pressure on them, they have to do something. Send us pictures, copies of contracts, anything you have and we'll direct you to the right people who can get your damages recovered. 




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