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...

WARRANTY LIST

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
6.)
7.) Arlene Stone 1320 Pineridge Morro Bay  New overlay on decks coming
8.)
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
20.)
21.) Randy Voss    Christine Way Pismo Beach

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...

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.

ASK FOR A CURRENT WORKERS COMPENSATION INSURANCE CERTIFICATE, THEN CALL AND VERIFY!

CONSUMERS ARE ALERTED TO BE EXTRA CAUTIOUS AND CONFIRM THAT A WORKERS COMP POLICY IS IN PLACE AND VALID BEFORE LETTING ANY WORKERS ON YOR PROPERTY. IF A POLICY IS NOT IN PLACE NF A WORKER IS INJURED ON YOIR PROPERTY, YOU MAY BECOME RESPONSIBLE FOR THE CARE AND MEDICAL PAYMENTS OR THAT INDIVIDUAL. ALWAYS CONSULT WITH A LAWYER BEFORE SIGNING A CONTRACT,

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.

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.

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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.
https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=796956

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.