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."

Thursday, October 16, 2014

Read the Suit Against DeckTech Inc Here

The suit filed against DeckTech Inc has been served on September 23rd and the full document is now available here at this link
https://www.dropbox.com/s/t1hmhml1lfyyhnx/full%20lawsuit%20filing.pdf?dl=0

Decktech lawsuit
Read the whole suit at the link above. 


You can open and read it or download a copy for yourself free.

No reply to the suit has been filed yet, check back on a later date, probably after October 23rd is when a response will be made.

CSLB has also separately referred this complaint to the Attorney General's office for prosecution of DeckTech's license to be suspended or revoked.
7124.6. (a) The registrar shall make available to members of the
public the date, nature, and status of all complaints on file against
a licensee that do either of the following:
(1) Have been referred for accusation.
(2) Have been referred for investigation after a determination by
board enforcement staff that a probable violation has occurred, and
have been reviewed by a supervisor, and regard allegations that if
proven would present a risk of harm to the public and would be
appropriate for suspension or revocation of the contractor's license
or criminal prosecution.


We got some pictures of the job, tell us what you think...


DeckTech job lawsuit Morro Bay
Large gap, tile high on one side, poor detailing.

Poor job covering back of tile

Not enough mud to bond tile.

Demo'd area 

Thin membrane appears to be less than the minimum required by the
manufacturer's own written specifications. 

A second place demo'd reveals the same issue, not enough coating applied. 

Wednesday, October 15, 2014

Advisory Issued On Deck Tech Inc- Workers Compensation Insurance

Clients of DeckTech Inc of Grover Beach are cautioned to be alert and insist on being provided with a valid copy of an workers compensation policy before signing a contract or allowing workers of DeckTech's on their property.

According to the CSLB website, Decktech's license will be suspended on November 5, 2014 if CSLB does not receive a new policy.

In cases where no workers comp policy exists, and a worker i injured, CSLB and the Courts may look to you and decide you are the employer and make you responsible for costs associated with an injury. We advise to consult with an attorney or your insurance agent to ensure you are covered and protected.

Here is a screen shot of DeckTech's license status at CSLB's website. You should also be aware that DeckTech has serious allegations of fraud and deceit brought by the CSLB stemming from a construction complaint. Be sure to review the Complaint Disclosure Information

DeckTech's license status is in jeopardy of suspension for not having a workers comp policy.
Workers Comp policy expired 10 4 14

Tuesday, October 14, 2014

CSLB Refers DeckTech Inc of Grover Beach to California's Attorney General's Office

A construction case involving local deck waterproofing and general contractor Ron McKenna of Decktech Inc was recently referred to the state Attorney General's office by the Contractors State License Board. Case # N 2014 235 was listed on the CSLB listing for Decktech  on October 6th. The referral stems from a construction defect complaint filed by a homeowner in Morro Bay who hired DeckTech to replace a failed tile deck for $60,000 +. Decktech took a deposit far in excess than allowed by state law, which is limited to 10% or $1,000, whichever is less. DeckTech took a deposit of approximately $15,000, far above the $1,000 threshold.

Other complaints in the referral to the A.G. are for over payment of money for work not done, job abandonment, willful departure from accepted trade standards, failure to provide lien releases from sub-contractors and failure to provide mandatory language in the construction contract.  The result of the referral if DeckTech is found guilty is either suspension of the license for a set period of time, or revocation.

This case that will be prosecuted by the AG's office is in addition to a suit brought by the homeowner that was filed last month in Superior Court. The homeowner/plaintiff paid DeckTech a deposit of $15,000.00 when a deposit of a maximum of $1,000 can be taken in advance. Other charges may be added before the matter goes to court.

If you feel you have been taken advantage of by Decktech, we advise you contact the CSLB and consider filing your own complaint. You may be able to recover funds and you will help bolster the current case for a revocation instead of just a suspension. 

Feel free to contact us with your own personal story! Here below are screen shots of the DeckTech license listing at CSLB's website.

Decktech's license listing at CSLB's website.
Decktech's listing at CSLB as of 10 13 14

List of charges against Decktech are serious indeed
List of charges referred to AG's office are serious indeed. 

Tuesday, September 16, 2014

Shell Beach Tile Deck Failure

We looked at a job done by DeckTech in Shell Beach CA. Similar story to the others, only a year or two old and already major issues on this high end home. Owner reports they filed a complaint with CSLB.

 Gray area is a "repair" DeckTech made to the previously applied and failing
Granite Deck Under Tile Membrane. They used plain old urethane and tried tying 
into the polyurea materials. What a joke...
 Yellowish material is Granite Deck material and you can see it peeling back. 
 Here is a close up of the peeling material
 Water intruded at the door area and you can see the result-RUSTED flashing
 I can pop the crap right of with a fingernail under an edge. 
 Large numbers of splits in the Granite Deck membrane are clearly marked. 
Tile over Deck Tech's membrane popped off with very little effort. 
Almost all of the grout came off too, stuck to the tile.  

Decktech's Granite Deck Failures at Pismo Beach Medical Center

Just a few years old, the building owned by Coastal Community Builders at 2 James Way in Pismo Beach has walkways and a lobby coated with Decktech's Granite Deck system...and it's already had major repairs done!

DeckTech appears to have made some  repairs to the job, but they don't match and the repairs look terrible! As this is a medical building, we'd call this terminal!

Check out the pics we took a couple weeks ago of the repaired areas. DeckTech says their stuff will last years or "even decades", but we're betting it lasts less than that judging from it's performance so far. Is this an example of what you can expect from Granite Deck and Decktech's work? Maybe you better think about using other products and companies?

Go check it out for yourself if you are in the area.

 Seam showing signs of failure. 
 I don't even wanna know what this is called as a repair
 Lobby area on second floor with large area of repairs
 Lousy match



DeckTech's "Granite Deck" - The Truth About Their NCS/Nevada Coating System

DeckTech likes to brag about the NCS Granite Deck System, short for Nevada Coatings System ( http://www.nevadacoatings.com/), talking about it's elongation properties and how they are only one of a few applicators in the state of CA approved to install this material.

Well they are only one of a few applicators, the other applicator being the company owned by the owner of Nevada Coatings System, David Krubinski aka David Mazor. Mazor secretly owns WICR Inc (see wicrleaks.com). No one else wants to put this crap on your deck.

Most applicators of decking products install ICC-ES tested and evaluated systems such as Mer-Kote, Desert Brand, Life Deck, Westcoat, Pli-Dek, Excellent Coatings Duradek etc. This link tales you to ICC' website where bonafide decking systems are listed http://www.icc-es.org/Reports/index.cfm?csi_id=301&view_details You'll note that Nevada Coatings System is not listed here, for good reason...
 Sample of Granite Deck by Decktech.
Bucket of Carboline as found on a jobsite. 

The Nevada Coatings System Granite Deck material is actually manufactured by Carboline under Reactamine. It is a two part polyurea designed for steel and concrete, not plywood. The Carboline people say it could go on wood, but they don't have a specification for that. IT IS not tested or evaluated as a decking product, it is not listed as a Class A roof coating, it does not have any UL or ICC-ES evaluations for use as a decking product.

Polyurea is used in lining tanks, pipes, even in a different variant for truck beds. It can be very tough, when applied in a minimum thickness of 1/8"+ or more. When applied like what we find on Decktech jobs, it's usually failing. It is UV resistant but yellows when exposed to sun. That's why Decktech wants to reseal your deck every year, so it won't yellow.

The product will also burn when exposed to open flame. Toxic fumes are emitted when it burns, requiring firefighters to wear self contained breathing apparatus.


Supporting open flame with no combustible materials. 

With so many better and bonafide decking systems to choose from, we recommend that you pass on Granite Deck from Decktech.

Friday, September 12, 2014

Suit Filed Against DeckTech in San Luis Obispo Superior Court

A suit, #14VC 0467, was filed in Superior Court in San Luis Obispo on September 8th that alleges that DeckTech Inc of Grover Beach made numerous violations under the California Business & Professions Codes, along with Breach of Contract, Construction Defects, Negligent Misrepresentations and Deceit Damages on a large project in Morro Bay. The 35 page complaint claims numerous problems with the work.

No dollar amount was claimed in the initial filing, however part of the claim by the plaintiff hints that they will be seeking a large sum when it stated that DeckTech's owner Ron McKenna's "outrageous and despicable conduct subjected the Plaintiff to a cruel and unjust hardship in conscious disregard of the Plaintiff's rights, so as to justify an award of exemplary and punitive damages."

As the suit has just been filed and no answer from the defendant has been made, this just represents one side of the claim. The first hearing has been set for January. Once the reply from DeckTech has been filed, we will provide copies of that in another story.

Among the many claims by the plaintiff, some of which appear to be corroborated with copies of the contract are that Decktech violated the law by taking an initial deposit above the maximum $1,000.00 or !0%, allowable, whichever is LESS, failed to install the waterproofing membrane for a tile covered deck to the proper thickness, failed to install, grout and layout the tiles properly, failure to slope the deck properly to drain and also caused damages to the Plaintiff's home that wasn't repaired.

The suit also claims that Ron McKenna of Decktech made false and misleading statements to induce the Plaintiff to buy from Decktech.

More to come as we receive information.