BREAKING NEWS-No Criminal Charges in Berkeley Deck Tragedy Case

Just saw in several tweets from @mgafni that the Alameda DA's office announced after nine months of investigation that no charges will be filed for criminal actions by the parties involved in building the deck that fell last summer.

If you recall, six died and seven Irish summer worker college students were injured after they fell 40+ feet to a concrete sidewalk in Berkeley last summer when a rotted balcony gave way. The images of that scene were horrible and left lasting wounds on the rescuers and survivors.

The DA's office seized the fallen balcony and made it evidence from a crime scene. After investigating the case, no criminal charges will be filed, leaving civil action as the only real recourse. Although criminal intent was not found, it's probably going to be easier to show negligence and construction defects for the plaintiff's attorneys. Civil suits have been filed by attorney's against the builder and the subs as well as the management company and others.

Watch for further news on the Berkeley case in the future as the civil cases move ahead.

These Words Should Send a Chill Down The Building Industries Back!

Maybe you didn't feel it, but on November 12th, the building industry was shaken up. Hard, like they got punched, and punched and punched. The law firm of Walkup, Melodia, Kelly & Schoenberger is representing Aoife Beary and another party who are suing for damages from the result of the balcony collapsing on June 16th of this year.  

The suit asks for damages, enough to make an example out of the defendants, enough so THIS NEVER HAPPENS AGAIN! Every person involved in building decks, especially cantilevered, are now on notice that it better be done perfectly and correctly. OR YOU WILL PAY. Remember to, the DA's office is investigating this too and criminal charges may still come!

BE AFRAID, BE VERY AFRAID! 

NO OSB SHOULD BE EVER USED! THIS LIST OF ALLEGATIONS IS A LIST
OF EVERY DECK PROBLEM I SEE ALL THE TIME

So here you are building industry, property management industry, design industry etc; start designing, building, sequencing and use the right materials cause the deaths of these poor kids WILL NOT BE IN VAIN! READ THIS LIST, IT'S JUST A WHO'S WHO OF THE SINS I SEE DURING INSPECTIONS AND WHEN I WAS WATERPROOFING DECKS! 

LESSON-IF YOU SCREW UP AND PEOPLE DIE, YOU PROBABLY WILL GO TO JAIL AND PAYA WHOLE LOT OF MONEY, AND HAVE TO LIVE WITH THOSE THAT DIED ON YOUR CONSCIENCE. 

NOT WORTH IT, DO IT RIGHT, IT ONLY COSTS A LITTLE MORE THAN DOING IT WRONG. 

What Liability Does a CID Management Company Have When They "Endorse" a Vendor's Services & Expertise?

A Licensed Contractor Has a Complaint Disclosure Listed on Their License-Should They Be Dropped Off The "Preferred Vendors List" Maintained by a Management Company?

Many CID management companies perform basic background checks of vendors who wish to provide services to CID's. A background check may include verifying a contractors license (checking that complaints don't exist), being named as an additional insured on liability policies, verifying workers compensation is in place if the vendor has employees etc.

What happens though when a management company posts a vendors name on it's website and says it "endorses their services and expertise"? In my opinion, they step into a mine field.

It's one thing to verify a vendors credentials, but it's quite another to endorse a vendor. For one, if something goes wrong with that vendor, the client will remember that you told him to use them. Secondly, your firms integrity is on the line. Third, the management company will now have to monitor the vendors reputation, if it sinks for whatever reason, clients will think that you should know that. If you don't and there is a hit on a vendors reputation, they will wonder why you didn't know that and pull that vendor from your list of endorsed vendors.

A recent case in point-The Management Trust-Goetz-Manderley maintains a list of "trusted partners" who in TMT's own words "endorses their services and expertise". Endorse meaning "declare one's public approval or support of."

One of their endorsed vendors is a general contractor/waterproofing company called DeckTech, Inc.

Risky business when "endorsing" a company?

Decktech Inc has a complaint disclosure on their license listing with the CSLB that alleges serious license violations of the Business & Professional Codes governing businesses. While their license is currently active, the disclaimer reads-

DISCLAIMER: Any complaint listed is only an allegation of a probable violation. A complaint does not affect the status of the license at this time. If a complaint is referred to the Office of the Attorney General for legal action, it may result in the suspension or revocation of the license. Pursuant to 7124.6 of the Business and Professions Code, the following complaints meet the criteria for disclosure.

and then following the disclaimer, the complaints against Decktech Inc are listed.

In the words of The Management Trust "TMT only admits the very best vendors as Trusted Partners, vendors who value workmanship and professionalism above their bottom line".  What liability or exposure to risk does a management company have when a "trusted partner", has a complaint disclosure on their license and they leave them on their trusted partners listings?

CSLB only lists accusations such as this when certain criteria has been met, that being-

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.

Unless The Management Trust, in our opinion, removes Decktech Inc from their list of "trusted vendors" they open themselves to criticism, accusations of self-dealing and if something went wrong on a job being done by DeckTech, Inc, possibly being named in a suit as a cross defendant. 

If Decktech can clear their name and no complaints are listed, then certainly it would be of to reinstate them on the list, but as we see it, the stakes are too high to risk your reputation based on another firms diminished standing. 

What are your thoughts? Tell us in the comments. 

CSLB Bust Catches Crooks Using Other Legit Contractors License Numbers/Names

Hats off to CSLB for their efforts! Several Monterey area residents got charged with multiple criminal  counts in court for lifting other contractors names/license numbers to scam people. We work hard for our names/reps and for some scumbags to do this is too much.

CSLB Press Release - 01/13/11Monterey Residents Face Criminal Charges for Fraudulently Using Contractor License Numbers


Suspects using business names "Window Design" and "Fresh Paint" arraigned on 146 counts







SACRAMENTO —Daniel Kenneth Furness, 58, and Colleen Gsell, 55, pleaded not guilty in Monterey County Superior Court on January 10, 2011, to 146 criminal charges relating to fraudulent use of other contractors’ license numbers, and adverting and contracting without their own license. The charges were filed following an investigation by the Contractors State License Board’s (CSLB) Central Valley Statewide Investigative Fraud Team (SWIFT), Monterey County District Attorney’s Office, and the Monterey and Marina Police Departments.



Furness and Gsell are suspected of using contractor license numbers not held by them, instead of obtaining their own licenses from the Contractors State License Board. For example, they allegedly used license numbers belonging to other people whose business names are “Window Design” and “Fresh Paint.” Furness and Gsell have not been issued a contractor license in either of their individual names, or a license to do business in the name of a company.



"We encourage homeowners to check their contractor’s license number on the CSLB website before any work is done," said CSLB Registrar Steve Sands. "Consumers should ask to see the state-issued pocket license and a photo identification to make sure the person they are dealing with is the person who holds the contractor license in the appropriate work classification."



Furness and Gsell are also suspected of illegal advertising and taking excessive down payments. Contractors must display their license number when advertising for jobs valued at more than $500 for labor and materials. It is also illegal to take down payments greater than 10 percent or $1,000, whichever is less, for any home improvement project. There is an exception for about two dozen contractors who purchase special consumer protection bonds and are noted on CSLB’s website.



Even though a consumer is not legally responsible for payments to an unlicensed contractor for projects valued at $500 or more for labor and materials, Furness is charged with instituting litigation against a deceased client’s estate and making inaccurate statements in a claim of lien filed against this client’s property. A licensed contractor or material supplier is entitled to file a mechanic’s lien if the contract amount is not paid as stated in the signed contract. An unlicensed operator who has contracted for work valued at more than $500 for labor and materials has no legal standing to do so. Furness is also charged with committing perjury in an application filed with CSLB.



Furness is formally charged with three counts of perjury and three counts of filing a false document. Furness and Gsell are each charged with 54 counts of illegal use of a contractor license number not issued to them; 42 counts of contracting without a contractor license; 23 counts of illegal advertising; and 21 counts of charging an excessive down payment.



"Those contracting without a license should understand that CSLB and its partners in law enforcement will not tolerate behavior that is detrimental to homeowners and licensed contractors who are complying with state laws and regulations," added Sands.



Anyone who has information regarding these individuals should contact CSLB Investigator David Leary at (831) 620-1374 or Monterey County District Attorney Investigator Anne Lopez at (831) 233-1877.



CSLB urges all California consumers to follow these tips before hiring a home improvement contractor:



Be especially hesitant when approached by someone offering home improvement services door-to-door.

Verify the contractor's license online at www.cslb.ca.gov, or via CSLB’s automated phone system at 1-800-321-CSLB (2752).

Ask to see a photo identification to verify the contractor’s identity.

Don't pay more than 10% down or $1,000, whichever is less. There is an exception to this rule for about two dozen contractors who purchase special bonds and are noted on CSLB’s website.

Don't pay in cash, and don't let the payments get ahead of the work.

Get at least three bids and insist on a written contract before your project begins.

The Contractors State License Board operates under the umbrella of the California Department of Consumer Affairs. More information and publications about hiring contractors are available on the CSLB website or by calling 800-321-CSLB (2752). You can also sign up for CSLB e-mail alerts at www.cslb.ca.gov, and follow us on Twitter and Facebook. CSLB licenses and regulates California's more than 300,000 contractors, and is regarded as one of the leading consumer protection agencies in the United States. In fiscal year 2009-10, CSLB helped recover nearly $42 million in ordered restitution for consumers.

Failure to Prote t Workers in Trench That Collapsed Costs Waterproofing Co 50k

This came through from my google alerts...a waterproofing companys employees who we're working in a trench when it collapsed was fined $50,000 for failing to take proper shoring procedures. READ about it at this link.

CWC Systems Corp. Fined $50,000 in trench collapse – Daily Commercial News

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Basement Waterproofing Company Ripping Off The Elderly?

From the Star-Ledger, read and learn...

Arlene and John Dolce wanted to get rid of the damp smell in the basement of their Roseland home.
After seeing an ad, they called Aqua-Dri Waterproofing.
``We thought they'd be reputable,'' said Arlene Dolce, 65. ``We were lied to."
The senior citizens said the company was dishonest about contract provisions and refused to refund a $3,000 deposit. Here's how it happened.

During the initial inspection on Oct. 5, Arlene Dolce said the salesman declared there was black mold -- the dreaded stachybotrys chartarum -- which the Centers for Disease Control and Prevention says can lead to fungal infections in those with compromised immune systems.
Given that they'd both had health issues in the past, the Dolces wanted it gone.
The cost? $20,000.
They were shocked at the quote to treat the 878 sq. ft. space, so the salesman quickly started to drop the price, they said. $12,000. Finally, $10,000, but only if the couple would sign the contract that day. They'd have three days in which they could cancel the contract if they changed their minds, Arlene Dolce said the salesman explained.  READ THE REST BY CLICKING HERE

Warning, when a salesman starts dropping his price, they are probably trying to rip you off!

From San Fernando Valley Business Journal-Waterproofing Company Owner Accused of Insurance Fraud

Reposted Here from SFVBJ-

Business Owner Accused of Insurance Fraud

By Jessica Vernabe

Monday, December 20, 2010

The owner of a Tarzana-based painting business has been arrested on suspicion of insurance fraud, the California Department of Insurance announced.
Abraham Dvir, 66-year-old owner of United Painting and Waterproofing Company, was arrested on four felony counts of premium fraud. Dvir is accused of falsifying payroll reports between 2006 and 2009 in order to reduce the cost of insurance premiums.
The alleged misrepresentation led to a loss of about $112,000 in workers’ compensation premiums by the State Compensation Insurance Fund over the four year period, the department said. Dvir could face up to 15 years in prison and up to $236,000 in fines, if convicted.
The insurance department’s fraud division received a suspected fraud referral from the State Compensation Insurance Fund in February, which was followed with an investigation. Dvir surrendered to the Los Angeles County Sheriff’s Department after a warrant was issued for his arrest on Dec. 16.

Corruption Scandal Nets Waterproofing Contractor On Bribery Charges

Cleveland OH-A waterproofing contractor was arrested for bribery...and several school board members are in trouble too, for a job worth $250,000.00.

Reported From Clear Channel-
A federal grand jury indicted (Steven )Tomasone for one count of honest services mail fraud and one count of conspiracy to commit honest services mail fraud.

Tomasone was owner and president of Southwest Companies, Inc., a painting, roofing, waterproofing and paving contractor in Independence.

According to the indictment, Tomasone gave cash and other gifts in exchange for business at the Maple Heights City Schools. In all, that business was valued at $250,000.

READ THE ARTICLE BY CLICKING HERE

Ouch Complaints Like This Don't Help One's Business....

I have my Google account set up to bring alerts on certain words/terms...this showed up today. Read and Take Heed   JM Romich Enterprises/ Everydry Waterproofing of upstate NY
Posted: 2010-12-04 by   alco
Sales Tactics / ethics Complaint Rating: Company information: Everydry Waterproofing of Upstate New York Rochester, New York United States These people made an appointment with my 89 year old mother to do a free inspection of her basement. After four hours of pushing her, she signed a contract for $11, 000 to replace a basement wall that they told her could collapse if it wasn't tended to immediately. here is the rest of the story. there is some joint' cracking near the top of the cellar wall...been that way for probably 20 years. they also were going to sell her a new dehumidifier becase theirs was less expensive to run claiming hers cost $5.00 per day and theirs cost only $2.00 per day. My mother told them that she did not own the house...(my Brother does)... they didn't care, she lives in a condo community where all major structural repars have to be cleared by the board, and most of those repairs are covered under the HOA.. they didn't care. She told them that she wanted to talk to her son first, they told her that if she didn't sign that day she would miss out on the $4333.00 discount they offered against the original estimate of $15, 328! Per the workers in the office, the owners were not available when i called at 8 am on Saturday morning and that he contract and check were with the salesman and he was out of town. I went to their office to get the contract voided and they had nothing there for me as per my request. when I threatened to have everyone arrested, low and behold, they got Mrs Romich on the phone 10 minutes after i left the office i got a call from Mr Romich telling me that if i met him at the office on Monday morning, he would give me back everything. he said the contract and check were locked up in the office...so i guess the contract and check weren't with the salesman after all. So here it is, these people obviously don't care much about ethics, they'll hammer away at an 89 year-old woman (who, by the way, is virtually deaf) to get her to spend $11, 000 on a $50 repair! These people would have to come up in the world just to be bottom feeders! The old rule always applies...iif someone offers you a discount if you committ today... they are ripping you off. Always know who you are doing business with and always get multiple estimates
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CSLB Searching For Aqua Pool & Spa Customers

Passing on my email alert I just got today...

CSLB Urges Customers of Aqua Pool and Spa to File Online Complaint

Plans being formulated to help customers of potentially bankrupt company

SACRAMENTO – The Contractors State License Board (CSLB) is urging consumers who currently have a contract with Aqua Pool and Spa (License #799793), of Ripon, to file an online complaint if they believe they may have been harmed after a company officer, Richard Townsend, revealed to KCRA-TV news last Thursday that it had shut its doors and would be filing for bankruptcy.  The company apparently has more than 50 jobs unfinished. 

At the time of the news report, CSLB had begun investigating more than a half-dozen consumer complaints against the company.  Since the report, CSLB has received 16 additional complaints.  CSLB investigators have been unsuccessful in their attempts to contact Aqua Pool & Spa officers and are not aware of an official bankruptcy filing. 

“It’s important that Aqua Pool & Spa customers contact us as soon as possible,” said CSLB Registrar Steve Sands.  “This will help us build the necessary legal case and help consumers get the help they need to finish their pool projects.”  CSLB is working with the California Spa and Pool Industry Education Council (SPEC) and other groups to help consumers who may have been harmed by Aqua Pool & Spa.  The goal is to gather a group of licensed contractors to step in and help finish the jobs.  The effort is similar to one undertaken in 2006 after a Sacramento-based pool company filed for bankruptcy.

The fastest way to activate a complaint in CSLB’s system is to file online.  It’s important that consumers provide CSLB investigators with the following information:

§         The current stage of the project with Aqua Pool & Spa;

§         A copy of the contract;

§         A record of any payments made and copies of checks; and

§         Identify what work has been paid for, but not received and take photographs to document all work done.

Two of the four officers on the Aqua Pool & Spa license, Bryan John Townsend and Julio Cesar Rangel, disassociated from the company’s license on August 9, 2010.  The two have filed an application for a separate, new license.  CSLB has blocked that application pending further investigation.

“Disassociating from a license after there are consumer complaints doesn’t release you from your responsibility for those complaints,” said Sands.  “We will not issue a new license until the current investigation is completed.”

This case also highlights the importance for consumers to not let their payments get ahead of work performed, especially for the construction of swimming pools.  California Business & Professions (B&P) Code 7159.5(a)(5) prohibits contractors from either requesting nor accepting payment before work is done or materials are delivered.  B&P Code 7108 makes it a crime to divert funds from a construction project to any other purpose. 

CSLB urges consumers to remember the following tips when hiring and working with a contractor, especially for the construction of a swimming pool:

§         Do not make payments for work not performed or for materials not yet delivered.

§         Don't pay more than 10% down or $1,000, whichever is less.

§         Don't pay in cash.

§         Verify the contractor's license online at www.cslb.ca.gov, or via CSLB’s automated phone system at 1-800-321-CSLB (2752).

§         Ask to see the person’s identification to make sure you are dealing with the correct individual.

§         Check references, and get at least three bids and a written contract before your project begins.

§         Make sure your contractor obtains the necessary building permits for any project.  If you are unsure of these requirements, contact your local building department.

The Contractors State License Board operates under the umbrella of the California Department of Consumer Affairs.  More information and publications about hiring contractors are available on the CSLB website or by calling 800-321-CSLB (2752).  You can also sign up for CSLB e-mail alerts.  CSLB licenses and regulates California's more than 300,000 contractors, and is regarded as one of the leading consumer protection agencies in the United States.  In fiscal year 2009-10 CSLB helped recover nearly $42 million in ordered restitution for consumers.

# # #

This Company Did Not Read "THe Art of Making The Sale"

Watch out for this company if your in Indiana!  Hope there's no one around in Cali that's like this guy...

By Ryan Elijah

Story Published: Jan 29, 2010 at 8:36 AM EST
Story Updated: Jan 29, 2010 at 1:34 PM EST

FORT WAYNE, IN (Indiana's NewsCenter)
Patrick Chesbrough knew he had a wet basement so he agreed to a free inspection when a salesman from Everdry Waterproofing came to his home.

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• Watch The Video

After about 4 hours, the salesman told the Chesbrough's they could sign to lock-in the price of nearly 11-thousand dollars, but not before what Patrick described were some hard sales tactics
"it started to feel like it was turning into scare tactics", said Patrick Chesbrough.
Two days later Patrick called to cancel, but was told it had to be done in person, at that point two Everdry workers showed up. While he thought it was over, over a month later, Patrick was sent a bill for nearly 4-thousand dollars for cancelling and supplies, even though work was never done
"we felt they went through the back door to get us to commit to the work"
Across town, another young couple had a different complaint about the same company. They bought a home that Everdry had done work on 12 years ago and had a lifetime warranty. They called Everdry over concerns about water and crumbling walls, after paying $45, which they said was to transfer the warranty, Scott says the company wouldn't honor the warranty from two franchises ago. He also said the corporate office in Ohio refused his attorney's letter. He paid another company 13-thousand dollars for the repairs.
"they said it was two franchises ago and they don't honor past warranties"
The question of lifetime warranties is not new to Everdry or the state of Indiana for that matter, back in 2005 then Attorney General Steve Carter sued the company for not honoring lifetime warranties.
Everdry did not respond to several requests for comment, we found the state's lawsuit came after a number of consumers complained that franchises were not honoring lifetime warranties, the company lost an appeal in 2008.
In Patrick's situation, a Federal Trade Commission "cooling off" rule applies giving the consumer 3 days to cancel the purchase it the contract was not signed at the company.
Mike Coil of the Better Business Bureau said "they have to give you a 3-day write of rescission, that's what the law says"
The FTC rule states no reason is needed for cancellation and the form can be mailed back if dated. The new franchise has an A- rating with the BBB and is not connected to the earlier lawsuits, but at least two local consumers say they weren't treated fairly.
Click here to read the FTC's Cooling Off Rules for Consumer Contracts.

How to Cheat your Customers and They Probably Won't Ever Know...until it's too late!

I was down in LA earlier this week. I stopped by a sheet metal shop where I buy my flashings from. As I was waiting for my order, I saw a big forklift truck hauling in galvanized expanded metal lath, a part of many decking systems base. I asked the owner how much he was selling lath for, around here in SLO town, it's selling for around $7.58 at Home Depot and the local ACE store sells it for around $6.99 a sheet.

So when he said $5.75, I was like wow, I want some...and then he said "That's a 1.75# lath. I went wait a minute, I want 2.5, that's what is required by the manufacturer's! It doesn't sell said my metal merchant. In fact, most of the decking guys are now buying 28 guage flashing instead of 26 gauge. The higher the number, the thinner the metal. 26 gauge is the minimum required in the code and by manufacturer's.

So genius that he is, the Deck Expert began thinking about this...I keep hearing some really low bids for metal lath systems-$4.00 per square foot on one job that had a 100k square feet.

And it hit me...this is the ultimate cheat; first save material costs by buying cheaper flashing. Save 25 cents per lineal foot, multiply by 8000 lineal feet, save $2,000 in costs over 26 gauage.
Save more in materials by buying 1.75# lath instead of 2.5# lath. Save $1.25 per sheet, multiply by 5,555 sheets to cover 100k in area. That equals $6,944.00 less in costs over the required lath.

So far I've saved 9k in material costs by cheating, and I'm not done yet...now, factor in how far a bag of cement goes into lath. A 50# bag goes apx 25-30 square feet into 2.5# metal lath. But I'm using 1.75# lath cause I'm cheating you...now how far does a bag go into a thinner material? Maybe 45 square feet of 50 square feet? I'm getting 25% more coverage out of a bag. Now before I pay $13.00-18.00 per bag at Mer-Kote or Pli-Dek or any legit manufacturer, I head down to Jet Coatings in LA, where I buy a bag for $10.00. Savings = $3.00 to $8.00 per bag, plus I get 25% further coverage. On a 100k square feet, what's that add up to? $25,000 in savings? Maybe even $40,000 in savings.

But I'm not done cheating you yet. Most systems require fiberglass and resin over the base coat. So I pay basically full costs for that, fiberglass is about the same everywhere...but resin is another story. Some resins out there are crap and sell cheap. Save $ by buying crap resin at $8.00 per gallon rather than good stuff at $13.00. What do I need for a 100k square feet? 700 gallons? So I saved $3500 by buying crap resin. But I'm not done cheating you yet!

We are supposed to put a screed coat over the glass/resin to protect it. But instead I skip this step, opting instead to just spray texture over the glass and paint it with one coat of sealer. You are supposed to get 2 coats but, remember I'm cheating you...
So skipping the screed coat just saved me probably $8,000 in materials plus labor savings, and by giving you one coat instead of 2 I save more. By buying sealer from Jet Coatings instead of a manufacturer like Hill Brothers or Enduro-Kote, I save $30.00 per five gallon bucket. At 500 buckets to cover this job, I saved $15,000 off my materials bill.

By cheating, I just saved $60,000 in materials. But I'm not done cheating you yet! All the labor I saved by skipping steps, what does that add up to? Another $50 or 100K?

The plans called out for a one hour/class a coating probably. Well I cheated you out of that too! I put down a system that is not evaluated or recognized by any entity such as ICC-ES or the LA County Fire Department.

Now is this happening? Probably...and you won't detect it unless you are very dilgent.

Its a big bad world out there and despereate people do desperate things. The construction industry is very hungry right now and we need jobs to keep the business afloat...and some of us might do whatever it takes, including cheating...

Readers, any comments?

Incompetent Tufflex Installer Costs Homeowner Thousands of Dollars in Damage

In the world of waterproofing a deck for the application of tile, there are a few things one should or should not do...
1.)-Do not Cheap out on the installation costs of your waterproofing.
2.) Do not Install unapproved or unevaluated coatings.
3.) Do check the applicators status and ensure their competency to correctly install waterproofing for tile.
4.) Do call Central Coast Waterproofing at 805-801-2380 for a proper and thorough job...

I was down in Santa Barbara at an expensive home up in the hills last week, having received a call from an owner who found our DeckExpert.com website.

They said to me that they had a guy a couple years ago, a Tufflex applicator, install waterproofing for their new tile deck. Now they are suffering from water intrusion into their garage ...the deck had been partly dismantled to inspect and would I be interested in giving a bid?

I was on my way...here's the pictures of the deck...with their nice tile torn off.
Turns out that the applicator is out of business, what a surprise, but he wanted to "help" and offered a local applicator/contractor that did Tufflex to redo the job. The Tufflex was installed over OSB (tsk tsk) and then metal lath was stapled down and the tufflex laid into the lath. Only the applicator must of been (Pick one or all)

1) Cheap, because he didn't put enough Tufflex down to properly bury the lath entirely. Or
2) Incompetent, because he didn't put enough Tufflex down to properly bury the lath entirely. Or
3) Stupid, because he didn't put enough Tufflex down to properly bury the lath entirely.

Whichever you pick, you'd be correct. Failure to bury the lath caused this huge problem that will cost the owner 8-12k in repair costs, not including the tile work. The water on the deck seeped by the grout of the tile, down to the waterproofing, where it had no place to go...so it sat on the Tufflex and exposed metal lath. While sitting, there was this marvelous little chemical reaction going on between the metal lath and the water...RUST action.

Eventually the water made it's way into the garage ceiling below, exposing finally the sins of it's installer.

Moral of the story, you can buy cheap waterproofing, but you can't buy great waterproofing cheap!

CSLB PRESS RELEASE-Contractors State License Board Asks Victims of Elaborate Home Repair Scheme to Come Forward

Wow oh wow, read this sordid tale of rip off artist's who scammed thousands of customers a year for the last 4 years...

Contractors State License Board Asks Victims of Elaborate Home Repair Scheme to Come Forward

Judge sets aside $1.3 million for restitution after settlement of unfair business practices lawsuit

SACRAMENTO — The Contractors State License Board (CSLB) wants California consumers to come forward if they have been defrauded by certain home service and repair companies in the past four years. A multi-million lawsuit filed in San Diego County by Attorney General Edmund G. Brown Jr. has been settled and SRVS Charge Inc. (SRVS), the parent business, has been ordered to pay $3 million in penalties and restitution. This is the largest enforcement judgment in CSLB’s 80-year history.

Companies that were operated by SRVS engaged in a massive scheme to defraud thousands of California consumers out of millions of dollars by charging exorbitant fees for substandard electrical, plumbing and heating/air conditioning repair services that were not performed by qualified, legitimately licensed individuals.

"Anyone who believes they may have been ripped off by these companies should contact CSLB as soon as possible," said CSLB Registrar Steve Sands. "We’re ready to help consumers who have been harmed with the process of getting some of their money back."

An extensive CSLB investigation found that SRVS and its affiliated companies had been cheating some 6,000 customers each year for overpriced and substandard home repair work since 1989.

To stop the companies’ illegal practices and provide restitution to those who were victimized, CSLB and the Attorney General reached a settlement with:

FIND OUT WHO BY CLICKING HERE TO READ THE REST OF THE PRESS RELEASE

San Diego's TV 10 Turns Up Contractor Involved In Fraud

San Diego's TV 10 turns up this fraud involving a contractor who has already been accused of fraud...


Lauren Reynolds
10News I-Team Reporter
SAN DIEGO -- The 10News I-Team confronts Janice Culp outside her business on Sports Arena Boulevard."Hi, Janice Culp, I'm Lauren Reynolds from Channel 10 News, I need to talk to you about running Sunco. Are you afraid to talk to us?"Culp ignores our questions and ducks back into Sunco Construction, the company employees say she runs along with her husband Keith Marbury and brother Dale Culp.

Watch the I Team video by clicking here

Read the rest at TV 10's I Team Investigations page by clicking on our headline...