Westcoat Specialty Coating Systems

Life Deck vs. Pacific Pebbles/Paul Koury 

Here is where I'm stockpiling all information relevant to Westcoat Specialty Coating Systems that has been published in public sources such as PACER, Los Angeles, San Diego, Orange County and other court websites, as well as private anonymous  donors of information. Down below is info on the lawsuit that was recently settled out of court.

Caveat Emptor: Let the Buyer Beware!

Westcoat ICC-ES Report #2201 Dated Nov 1, 2007

August 6, 2009 ICC-ES ISSUES PRESS RELEASE ON CLASSIFIED ROOFING SYSTEMS-This is in direct response to our complaints that Westcoat ALX is sold as a "Class A" coating, but if installed contrary to the report's installation instructions, by using their "WP-40 or WP-47-3" first on the plywood substrate, negates ICC-ES' recognition of the system as being Class A.Westcoat's Installation instructionsfound at their website and in their system specification dated 8/08

This is the release as found at ICC-ES' website.

Classified Roofing Systems

Please be advised that any changes to components of a classified roofing system, as described in an ICC-ES evaluation report, negates ICC-ES recognition of the classification. The changes may or may not affect the actual classification, but until they are subjected to appropriate testing or are evaluated by a testing agency and declared to be acceptable under the designated classification, ICC-ES is unable to make a determination as to proper classification.

ICC-ES does not offer an opinion on changes to a recognized product or system until evidence has been submitted, evaluated, and recognized in the evaluation report. Fire-resistive assemblies are recognized by ICC-ES only as described in the applicable evaluation report. Assemblies made up of different components than those described in the evaluation report are not recognized.

Questions Surrounding Discrepancies Between Report & Manufacturer's Published Specifications

 WESTCOAT ALX System's ICC-ES report... questions I have, investigations I've done...

Regular readers of our blog will no doubt know what I've been opining on about the Westcoat ALX system. From everything I've read and seen, it seems the ALX ICC-ES approved system is not what is sold and installed by Westcoat and it's "Life Deck Installation Company" or their authorized applicators. Westcoat's own installation bulletin requires the installation of a Protectowrap product that does not have fire resistance.

Here below are copies of letters I've received, written to Westcoat, email copies of correspondence to ICC-ES, and pictures of my fire test, where I built a mock up of ALX with wp-40 under it, and one built to ICC-ES report standards. My test results seem to show conclusively that wp-40 under a deck coating is a flammable product that may help to spread fire and flames faster than it would when built to ICC-ES standards.

Read blog postings regarding the questions I'm asking, investigating information I get, etc. by clicking these links to individual posts:

• Westcoat Press Release Announcing New ICC# Posted 11/21/07  Sounds like BS when they say "after months of testing" Matt Ranzau in his depo said he knew of no new testing done for the ALX system...
• J'Accuse! I accuse Westcoat of malfeasance.
  
• Followup To J'Accuse! Still accusing them of malfeasance.
  
• Westcoat Attorney Writes to Bill Leys  Westcoat attorney writes me a letter about the lifedeck.com issue...
• ICC Says They Are Monitoring Westcoat's Use of ICC Report Number
• Paul Koury Letter Defending ALX and The ICC Report Problem Koury writes a letter defending ALX and my accusations...
• Life Paint Accuses Westcoat of Stealing It's Data To Submit to ICC-ES to Procure ICC-ES Report Posted 11/4/08 This post on Document 45-2 is about what the link says...Life Paint says Koury stole their data to try to get an ICC #. Did ICC use stolen data to issue a report? We want to know too!
• Letter to Koury-Re Illegal Use of Their ICC #  Posted 11/06/08 Life Paint comes out in this letter and says you're using our ICC number on your product, and that's a no-no...or fraud or something like that. Anyway, I have a copy of the letter and this post   links to that letter too!
• Life Paint Letter to Koury From 2004 Asks Is This A  Breach of Our Agreement? Posted  11/6/08 A letter from Life Paint says they saw material that wasn't made by them  had Life Deck/Life Paint labels on it at a distributor of Koury's that a Life paint salesperson happened to be in.
• My Emails to and From ICC About Westcoat Report This just takes you down the page to read the emails that went back and forth on the Westcoat ALX ICC report. ICC-ES admits that Westcoat did not submit information on the requirement for seam treatment...so why do they have an ICC #? That's what we want to know!
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Click here to read all my posts on Westcoat; some pertain to the ICC, others are about other subjects.  

Click here to read the emails I sent to and  received from Protectowrap about their Rainproof 40, what Westcoat calls WP-40 or sealguard. Protectowrap after to many hard questions, dumped the hot potato onto Westcoat's lap...

WATCH OUR BURN TEST VIDEO OF ALX! THEN DECIDE!

WESTCOAT ALX
INSTALL INSTRUCTIONS WITH NOTES
 

 Click to Read the Westcoat ALX ICC-ES Report

Westcoat Installation Sheets left side is from1/08, right side is from 8/08 and was changed after ICC Got After Them?

Michael Beaton, of ICC, said in an email said to me "Westcoat has reported that they removed the reference to the evaluation report number from their literature so it no longer infers the information in their literature is recognized in our evaluation report."

Then as if this tidied it all up he said "To further clarify the levels of authority with regard to systems recognized in the evaluation report, there is a statement in the evaluation report that if there is any conflict between the manufacturer's instructions and the evaluation report, the evaluation report governs.  I trust this will satisfy your concerns."   

then read the ICC report, first page, install instructions, no mention of metal lath over wp-40, just straight out attach the lath to the plywood. This is a problem when ICC won't get involved in an issue of this magnitude. Despite my persistent pleadings, ICC steadfastly refuses to get involved. I'm feeling like there's something behind the scenes that happened with the data that belongs to Life Paint...

The letter below, written by Life Paint, was supposedly sent to Sares Regis and other customers who may have been getting bootlegged materials on their jobs, as Life Paint has alleged in their lawsuit.  Here are pictures of the alleged bootlegged materials at a Sares Regis job and another of a side by side of an genuine Life Deck label next to a bootlegged label. You decide...

November 10, 2006

To Whom It May Concern; 

In our vigilance for safeguarding the integrity of our “Life Deck AL System for walking decks” and it’s accompanying ICCES Report #5416, we are writing to express our concerns that there may be some confusion or inaccuracies being communicated in the marketplace.  If you buy, sell, or install this system, it is important that you are aware and understand that Life Paint Corporation is the sole quality control center for all components related to this ICCES rated system.  As a result, these components must pass through our facility and our rigorous quality control system before qualifying as a part of ICCES #5416.  A copy of the most recently issued ICCES Legacy Report dated March 1, 2006 is enclosed for your review.   

The authenticity of the following components is indicated by the Ramtech Laboratories, Inc. “Quality Audit” sticker affixed to the products:

                            LD-1  AL Cement

                            LD-81 AL Acrylic

                            AL Top Coat, “10” Series  

The authenticity of the Life Deck AL Lath (2.5 lbs. per square yard diamond mesh hot dipped galvanized metal lath) can be confirmed through our office to verify Life Paint Corporation as the source. 

We apologize in advance for any inconvenience this may cause.  However, it is of the utmost importance that you are working with authentic products. If you need help authenticating components for the ICCES #5416 please feel free to call us and we will do our best to assist you any way we can.  We have a special toll free phone line set up for your convenience, 1-800-400-0516.  Please call and reference “ICC 5416 Legacy”. 

It is our responsibility to insure that each wholesaler, reseller, contractor, architect, and/or installer can rely on and be assured of the quality and integrity of our products and product systems.  When an ICCES System is specified on a construction project and you are the buyer, seller, or installer, you may have legal culpability for making sure that you’re handling qualified products.  We recommend you contact your legal counsel regarding any questions in this area. 

Yours truly, 

Ron Sibbrel President

__________________________________________________________________________________________________

June 3, 2008 

ICC Evaluation Service, Inc. 5360 Workman Mill Road Whittier CA 90601 

To Whom It May Concern: 

Waterproofdeckcoatingadvice.com provides its readers and clients with timely information and advice on waterproof deck coatings. Recently an inquiry came into our office on the Westcoat Specialty Coating Systems ALX waterproof deck system, your ICC report #ESR-2201. I’m hoping that you can provide information to us so we can make a recommendation to our client and they can make a decision on whether to use the ALX system on their current project. 

It seems that their concern is regarding an apparent discrepancy between Westcoat’s product literature and the installation requirements listed in their ALX System Specification dated 01/08 vs. the ICC report #ESR 2201 dated Nov 1, 2007. The Westcoat specifications for ALX requires the installation of a 6” wide WP-40 Sheet Membrane to all plywood seams for reinforcement. The manufacturer continues to say that WP-40 can be applied to the entire deck for maximum protection.  

The ICC report #ESR-2201, under 3.0 Description says the system is comprised of metal lath, staples, TC-1 Cement, WP-81 Acrylic and SC-10 Top Coat. Nowhere in the report is any mention made of using WP-40 on seams.

Our clients concern is regarding the Class A classification, where if they install this system, it seems the fire classification may be compromised by using the WP-40 underneath on the seams or over the whole deck. The installer wants to use WP-40 on the entire deck, which must be a Class A assembly in accordance with the requirements imposed by the Building Code.   

Our question then is will using WP-40 on the seams and/or entire deck compromise the Class A roof classification and would using the WP-40 also compromise the product’s approval as an ICC rated/approved product for use as a walking deck? Further, if one installed this system as described in the Westcoat System Specification, instead of the overriding ICC report, couldn’t that put an extreme liability onto the applicator for violating the building code requirements to install a Class A covering?

As a last question, I see that there wasn’t a One Hour Fire Test result submitted to ICC for inclusion in the report as a “One Hour Fire Resistive Assembly”, yet Westcoat claims on their specification sheet that the ALX meets the E119 One Hour Fire Test. Is this an acceptable claim to make when it is not in their ICC report? It seems that one could be confused to assume this product is ICC One Hour Fire Resistant approved in this advertising.  

I can be reached by mail at the address below or by email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it '; document.write( '' ); document.write( addy_text66446 ); document.write( '<\/a>' ); //-->\n This e-mail address is being protected from spambots. You need JavaScript enabled to view it . 

SOME "ANCIENT HISTORY" TO READ...before Westcoat got their ICC report/number.

Nov 2007 *Recently we were queried by a client who wanted to know about Westcoat Specialty Coatings, the new firm of Paul Koury.  They wanted to know, but could not find, any information on ICC's website whether WestCoat Specialty Coatings had any approvals for walking decks from ICC/ICBO. The installer they were working with told them it was the same thing as Life Deck and there was no problem. Well, this contractor was wise enough to not just take his sub's word for it that he shouldn't worry about it, as the plans specified an ICC approved product.    

As we understand the situation, Life Paint, Inc., and Paul Koury are engaged in a law suit.  Paul Koury has split from Life Paint and formed Westcoat Specialty Coatings. Product labeled as "Westcoat Specialty Coatings" is now being shipped to wholesalers in California and other western states.

 Life Paint, Koury's previous business associate, is selling Life Deck branded products to wholesaler and retailers in California.

Our investigation into the question shows that there is no ICC or ICBO approved products from Westcoat at this time. A check of ICC's website reveals no approvals/reports on file. From what we are told by Matt Ranzau, a representative from Westcoat, there is an application in and they expect to have an ICC# issued to them shortly.                               

Language on Westcoat's website might lead one to believe that their product has meet ASTM tests and has a Class A fire rating. We have not found any documentation to prove their claims, nor would Westcoat Specialty Coatings provide us with any information in writing, despite Matt Ranzau's claims in a phone call to me last week (June 21st, 2007) that they had data in their office that proved it.  Our request for a technical binder on their product lines was refused by Matt Ranzau,  he citing that they didn't want to give a binder to someone who was "just interested in information." Jeez, what are they afraid off? Giving out information that the public should have before making a critical decision on waterproofing? As a contractor and consultant, I've never had a manufacturer refuse my request for their technical binder.

As of 7/12/2007, I was supplied a copy of a Westcoat Specialty Coatings binder from an installer who wasn't interested in installing the product and had no use for the binder.   

On (June 2nd or so), I received an email from Paul Koury's attorney, in regards to a website link that listed his clients registered web address and when clicked upon, sent the person to his clients competitor. Sorry for the confusion, we have changed that on the pages the link appears on. The attorney also continued on about why we were so interested in "intermeddling"  and provided some of his clients side of the dispute. So,  Click hereour opinion on what we would do in a situation. to read Westcoat's side in their attorney's letter to me. Our interest lies in providing our clients and web visitors with accurate information on coatings, report news that may have an effect on the industry, and provide

So, our opinion is*-

We would caution buyers of Westcoat's ALX products to be careful, putting down materials that are not ICC or in the case of their tile waterproofing system, Ceramic Tile Institute approved approved building products may you exposed to liability, particularly if on new construction, an architect specifies an ICC or ICBO approved product.  Usually on a set of plans it may, for example, call for "Life Deck AL, ICBO # ER-5416 or approved equal. Using a non-approved product or one without the same ratings could violate the architects direction and would probably leave you exposed if the non-approved/lower rated product failed later on, or what if on an inspection, it's noticed that an approved, specified product is not being used? Think about what it would take if you were made to tear out the non-approved work? Always inquire with the architect and get their direction first. Legal counsel may be advisable as well, GET WESTCOAT directly involved; let them write the spec's and insist that they take on liability in the case of failures or legal issues later. On any current or future jobs where Life Deck's AL deck coating product was specified as the system to be installed, and your installer is putting in Westcoat Specialty Coating Systems ALX without your prior approval as an equal or better substitution; you need to act to ensure your interests are fully protected.

*Again, this is only our opinion and you should inquire with your own experts and counsel and come to your own conclusions.

Life Deck distributors have been switching over to Westcoat products who are shipping them out to installers. Some wholesalers who are stocking Westcoat Specialty Coatings products are Smalley & Co., Lowry's, and others.

Another opinion*-

At this time, we can only recommend that if your project specifies products with an ICC/ICBO #, that you do not accept any products that don't carry an ICC/ICBO# without doing your research and making proper inquiries.  Getting approvals ahead could save you a lot of headaches later in the case an ICC/ICBO approved product was called out for.

In our inquiries to Westcoat Specialty Coatings in regards to using their non-approved ALX products and what potential liability issues there might be, we were directed to consult with an attorney. You should take that advice too.

*Again, this is only our opinion and you should inquire with your experts and counsel and come to your own conclusions.

It seems "factory or wholesaler approved" installers of Life Deck are getting Westcoat products through wholesalers, and non-approved installers are buying Life Deck labeled products through hardware stores such as Ganahl Lumber in Southern California and up around the San Luis Obispo area, Miners Ace Hardware.

Life Deck vs. Pacific Pebbles / Paul Koury Lawsuit Information

AS OF July 2nd, 2009, the parties involved in the lawsuit, Pacific Pebbles/Paul Koury vs. Life Paint Corporation filed a notice of settlement. A confidential settlement agreement was entered into the courts records on September 30th, 2009. No details about the settlement were provided except in the document where it was stated that the parties will bear their own lawyers fees. 

February 12, 2009
Update on lawsuit Life Paint Corp vs. Pacific Pebbles/Paul Koury

A decision handed down by the Judge found that the trademark ownership/rights for the name "Life Deck" belonged to Life Paint Corporation. This is a blow to Paul Koury who maintained that he as the senior user owned the rights and that the "contracts" he had signed with Life Paint over the years were merely "memorializations" of conversations instead of being contracts. Well the judge disagreed with that, finding the 4 points that form a legal contract to be incorporated in the documents, and that the final 2003 contract was the one that ruled, and gave ownership to Life Paint.

Read the decision in it's entirety by clicking here. Questions now abound over the Life Deck mark, what damages are there on infringement on a trademark? Will Life Deck Installations name be affected? That's the dba for Pacific Pebbles...

MATT RANZAU DEPOSITION - read portions of this deposition by opening this link. Interesting reading...

Read Blog postings regarding this case by clicking these links to individual posts:

• Justia.com's Listing of the Lawsuit posted 12/18/07 Life Paint vs. Paul Koury/Pacific Pebbles
• Life Paint Letter to Koury From 2004 Asks Is This A  Breach of Our Agreement? posted 11/6/08. A letter from Life Paint says they saw material that wasn't made by them had Life Deck/Life Paint labels on it at a distributor of Koury's that a Life paint salesperson happened to be in.
• Letter to Koury-Re Illegal Use of Their ICC #  Posted 11/06/08 Life Paint comes out in this letter and says you're using our ICC number on your product, and that's a no-no...or fraud or something like that. Anyway, I have a copy of the letter and this post links to that letter too!
• Life Paint Accuses Westcoat of Stealing It's Data To Submit to ICC-ES to Procure ICC-ES Report Posted 11/4/08 This post on Document 45-2 is about what the link says...Life Paint says Koury stole their data to try to get an ICC #. Did ICC use stolen data to issue a report? We want to know too!
• Picture of Allegedly Bootlegged Life Deck Material Posted 11/2/08 Picture submitted as evidence of alleged bootlegged material, more juicy stuff in documents I scanned in for your reading pleasure!
• Document 43-8 Accuses Koury of Switching Product on Customers  posted 11/2/08 documents filed by Life Paint accuse Koury of switching product that did not have an ICC #, but was claimed to "be the same thing."
• Paul Koury/Pac Pebbles Amended Answer to Life Paint Complaint posted 9/5/08 lots of accusations! good and juicy, like I cook my steaks
• Paul Koury/Pac Pebbles Seek to Seal Koury's Deposition  posted 9/26/08 Lawyer wants depo sealed..what do they have to hide from public view?
• READ ALL MY POSTS ON THE LAWSUIT BY CLICKING HERE! This will bring up the posts on breaking news, documents, anything that we thought you'd be interested in...

Readers may wonder where the information and court documents come from...much of the documents are readily available online at   PACER, the Public Access to Court Electronic Records. It costs a little money to look up doc's and and all, but it's worth it.

If you want to view the records pertaining to Life Paint vs. Paul Koury/Pacific Pebbles, or any cases at PACER, click here to go to Pacer and register for your own account.