Landscaping Exterior Work Dispute Letters
Landscaping & Exterior Work Dispute Letters
Challenge drainage failures, dead plants, hardscape defects & C-27 contractor violations
What Landscaping Contractors Are (and Aren’t) Allowed to Do
California’s C-27 Landscaping Contractor classification is broad but has limits. Understanding what your contractor was legally authorized to do is critical when challenging defective work.
C-27 License Scope
A C-27 license authorizes contractors to:
- Prepare and grade land for landscaping purposes
- Install irrigation systems (sprinklers, drip, controllers)
- Plant trees, shrubs, ground cover, sod, seed
- Install decorative rock, bark, mulch
- Build retaining walls (with limitations)
- Install fencing (ornamental/decorative)
- Construct patios, walkways, driveways (with limitations)
- Install outdoor lighting (low-voltage landscape lighting)
- Build decorative ponds, fountains, waterfalls
Related Classifications Often Subcontracted:
- C-8 Concrete: Required for structural concrete work (foundations, large slabs)
- C-29 Masonry: For stone/brick walls and structures
- C-12 Earthwork & Paving: Major grading, excavation, asphalt paving
- C-10 Electrical: For 120V+ outdoor electrical work
Retaining Wall Limitations
C-27 contractors can build retaining walls up to certain heights (typically under 3-4 feet depending on jurisdiction). Taller walls or walls supporting structures may require:
- Engineering design and stamped plans
- C-8 (Concrete) or C-29 (Masonry) contractor
- Building permits and inspections
Red Flag: If your C-27 contractor built a 6-foot retaining wall without engineering or permits, it’s likely unpermitted and potentially unsafe. This gives you strong leverage: unpermitted work can result in code enforcement action and contractor liability.
Written Contract Requirements (B&P § 7159)
For landscaping work over $500, California law requires a written home improvement contract with:
- Contractor’s license number and business information
- Scope of work (specific plantings, materials, irrigation layout)
- Start and completion dates
- Payment schedule tied to milestones
- Change order procedures
- Mechanic’s lien warnings
Many landscaping disputes arise from vague contracts (“install landscape”) with no plant lists, no grading plan, and no specifications. This ambiguity works in your favor: under California law, ambiguous contracts are construed against the drafter (the contractor).
Drainage, Grading, and Water-Intrusion Disasters
Poor drainage and grading are among the most expensive landscaping defects. Water flowing toward your home’s foundation can cause catastrophic damage.
Exterior Work → Typical Disputes Matrix
| Work Type | Common Dispute | Evidence to Gather |
|---|---|---|
| Grading / Drainage | Water intrusion into house, ponding, erosion, flooding basement | Photos/videos during rain, moisture readings inside home, civil engineer drainage report, contractor’s grading plan (or lack thereof), repair estimates for water damage |
| Irrigation System | Overspray onto house, leaks, high water bills, system failure, water waste | Water bills pre/post installation, photos of overspray/leaks, irrigation map/design, leak detection report, controller settings/programming issues |
| Retaining Walls | Wall leaning, cracking, failing, inadequate drainage behind wall | Photos showing lean/cracks, structural engineer report, soil engineer opinion, permit records (was it permitted?), photos of weep holes or lack thereof |
| Trees / Plants | Trees died within warranty period, root damage to foundation/sewer, wrong species planted | Arborist report on cause of death, contract plant list vs what was delivered, photos of dead plants, soil test results, warranty terms |
| Hardscape (Patios, Pavers) | Uneven settlement, poor drainage, tripping hazards, cracking | Photos of settled/uneven areas, drainage flow during rain, geotechnical report if settlement is severe, code compliance for ADA/trip hazards |
The Drainage Disaster: When Landscaping Causes Foundation Problems
Landscaping contractors must grade land to direct water away from structures. Minimum slope requirements are typically 2-5% away from foundations for at least 10 feet.
Common Grading Failures:
- Negative slope: Ground slopes toward house, directing water at foundation
- No drainage plan: Contractor never considered where water would flow
- Blocked drainage: Plants, raised beds, or hardscape block natural drainage paths
- Improper downspout routing: Roof runoff directed toward foundation instead of away
- French drain failures: Poorly installed or clogged French drains don’t function
Consequences of drainage failures:
- Water intrusion into crawlspace, basement, or slab (mold, structural damage)
- Foundation settlement and cracking ($10k-$100k+ to repair)
- Soil erosion undermining structures
- Landscape washout and plant death
Proving Contractor Liability for Drainage Issues
To hold the landscaper responsible, you need to show:
- The problem didn’t exist before their work: Pre-work photos, history of no water issues, neighbor testimony
- The contractor’s work caused the problem: Grading changed natural drainage, contractor created negative slopes, contractor blocked existing drainage
- The contractor should have foreseen and prevented this: A competent C-27 contractor understands drainage; this is basic landscaping 101
Expert Evidence: Hire a civil engineer or geotechnical engineer to:
- Survey the property and document slopes/drainage patterns
- Opine on whether grading meets standards
- Estimate cost to correct drainage (regrading, French drains, etc.)
- Connect contractor’s work to water intrusion issues
Plant and Tree Failures vs Normal Risk
Not every dead plant is the contractor’s fault, but many are. Understanding industry standards for plant warranties and installation practices helps you identify legitimate claims.
Industry Standard: 1-Year Plant Warranty
Most landscape contracts include a 1-year warranty on plant material, meaning:
- Plants should survive and remain healthy for 1 year after installation
- Contractor replaces dead/diseased plants within the warranty period
- Warranty typically excludes owner neglect, extreme weather, or vandalism
What Voids a Plant Warranty?
- Lack of watering: You failed to water per contractor’s instructions (though contractor should have installed adequate irrigation)
- Mechanical damage: You ran over plants with lawn mower, etc.
- Owner-caused soil issues: You applied wrong fertilizers or chemicals
- Acts of God: Extreme freeze, wildfire, flood
When Plant Deaths Are the Contractor’s Fault
| Scenario | Likely Cause | Contractor Liability? |
|---|---|---|
| All or most plants died within 3-6 months | Poor installation (root ball not broken up, planted too deep/shallow), wrong species for conditions, diseased stock | YES – systemic failure indicates contractor error, not owner neglect |
| Plants in irrigation zone died, plants outside zone thrived | Irrigation system failure (no water reaching those plants) | YES – contractor installed faulty irrigation |
| Trees died within 1 year despite proper care | Improper planting depth, girdling roots not addressed, diseased stock | YES – covered by warranty |
| One or two plants died, rest thrived | Random plant failure (happens occasionally), or localized issue (gopher damage, etc.) | MAYBE – if within warranty, contractor should replace; if pattern emerges, systemic issue |
| Lawn won’t grow; patchy and dying | Poor soil prep, insufficient topsoil depth, compacted soil, wrong seed/sod for conditions | YES – contractor should have prepped soil properly |
Wrong Species / “Bait and Switch”
Sometimes contractors substitute cheaper or inappropriate plants for what was specified in the contract:
- Example: Contract calls for “15-gallon Italian Cypress” but contractor installs 5-gallon generic cypress to save money
- Problem: You paid for premium plants and got inferior substitutes
- Evidence: Compare contract plant list (species, size) to what was actually installed; take photos with tags/labels if still visible
Demand Letter Angle: “The contract specified [SPECIES, SIZE]. You installed [DIFFERENT SPECIES/SIZE], which is worth $X less than what I paid for. You owe me the difference, plus replacement cost if the substituted plants are inappropriate for the site and have died.”
Irrigation System Failures
Irrigation disputes typically involve:
- Leaks: Underground leaks waste water and create muddy/swampy areas; show up on water bill
- Overspray: Sprinklers hitting house, driveway, sidewalk (water waste, potential water damage to structures)
- Inadequate coverage: Dry spots, uneven watering, plants dying in certain zones
- Controller failures: System won’t run, runs at wrong times, or runs constantly
Evidence to gather:
- Water bills showing spikes after installation (suggests leaks)
- Photos/videos of overspray, dry zones, or flooding
- Irrigation map/design (demand this from contractor if not provided)
- Third-party irrigation specialist’s report on deficiencies
Sample Landscaping & Exterior Work Demand Letters
Sample 1: Drainage Failure Causing Foundation Water Intrusion
[Your Name]
[Your Address]
[City, State ZIP]
[Email]
[Phone]
[Date]
[Contractor Name / Company]
CSLB License #: [C-27 LICENSE NUMBER]
[Address]
RE: Demand for Correction of Defective Grading and Drainage
Contract Date: [DATE]
Property: [YOUR ADDRESS]
Total Paid: $[AMOUNT]
Dear [Contractor Name]:
I demand immediate correction of your defective landscaping work, which has caused severe water intrusion into my home, and compensation for resulting damages.
BACKGROUND
On [DATE], I hired you to install landscaping at my property under written contract (Exhibit A). Scope included grading, planting, irrigation, and hardscape. Total price: $[AMOUNT], paid in full on [DATE]. Work was completed [DATE].
Before your work, my home had no water intrusion issues. Within weeks of your work being completed, I noticed water entering my [crawlspace / basement / garage] during rainstorms. The problem has worsened with each rain event.
DEFECTIVE GRADING IS CAUSING WATER DAMAGE
I hired a civil engineer, [ENGINEER NAME], to assess the drainage issue. His report (Exhibit B) concludes:
1. **Negative Slope Toward Foundation:** Your grading created slopes directing water TOWARD my house instead of away. Measurements show a 3% slope toward the foundation along the [north/south] side—the opposite of code requirements.
2. **Blocked Natural Drainage:** Your raised planting beds and hardscape installation blocked the property’s natural drainage path, concentrating water flow toward the house.
3. **No Drainage Plan:** You never provided a grading or drainage plan. A competent C-27 contractor would have surveyed the site, identified drainage patterns, and designed grading to direct water away from structures.
4. **Substandard Work:** The engineer states your work “fails to meet minimum standards for residential grading and drainage and will continue to cause water intrusion until corrected.”
RESULTING DAMAGES
As a direct result of your defective work:
1. **Water Intrusion:** Water enters my [crawlspace/basement] during every significant rain event (photos/videos attached as Exhibit C).
2. **Structural Damage:** Moisture has caused mold growth, wood rot in floor joists, and potential foundation settlement (structural engineer report, Exhibit D).
3. **Cost to Repair Water Damage:** Estimated $[AMOUNT] to remediate mold, replace damaged wood, and dry out structure (Exhibit E: Contractor estimates).
4. **Cost to Correct Your Defective Grading:** Civil engineer estimates $[AMOUNT] to regrade property, install French drains, and properly direct water away from foundation (Exhibit B: Correction plan and estimate).
**Total damages: $[TOTAL]**
YOUR BREACH OF CONTRACT AND NEGLIGENCE
As a C-27 licensed contractor, you have a duty to perform work in a good and workmanlike manner. Grading property to direct water TOWARD a house—rather than away—is the most fundamental error a landscaping contractor can make.
You breached the contract by:
– Failing to provide competent grading and drainage design
– Creating dangerous and destructive drainage conditions
– Delivering landscaping that damages rather than enhances my property
DEMAND
I demand that you, within 30 days:
1. Correct the defective grading per the civil engineer’s correction plan (Exhibit B)
2. Install necessary French drains and drainage infrastructure to permanently solve the water intrusion issue
3. Pay for all water damage repairs: $[AMOUNT] (Exhibit E)
4. Reimburse costs of engineering reports and inspections: $[AMOUNT]
**Total demand: $[TOTAL]**
If you refuse to perform corrections, I demand full refund of all amounts paid ($[CONTRACT AMOUNT]) plus damages totaling $[DAMAGES] = $[TOTAL REFUND DEMAND].
LEGAL CONSEQUENCES
If you do not respond within 30 days:
1. I will file a complaint with the CSLB for substandard work causing property damage
2. I will pursue litigation for breach of contract, negligence, and violations of B&P § 7159
3. I will seek all damages including cost of correction, water damage repairs, diminished property value, and attorney’s fees
4. I will record a lis pendens against your contractor bond
5. I will report to my insurance company that your negligence caused the damage, and they may pursue subrogation against you
You created this disaster. Fix it now or face full legal and financial consequences.
Please contact me at [PHONE] or [EMAIL] within 30 days.
Sincerely,
[Your Signature]
[Your Printed Name]
Enclosures:
Exhibit A: Contract
Exhibit B: Civil Engineer Report & Correction Plan
Exhibit C: Photos/Videos of Water Intrusion
Exhibit D: Structural Engineer Report (Water Damage Assessment)
Exhibit E: Repair Estimates (Water Damage Remediation)
Sample 2: Dead Plants & Failed Warranty Claims
[Your Name]
[Your Address]
[City, State ZIP]
[Email]
[Phone]
[Date]
[Contractor Name / Company]
CSLB License #: [C-27 LICENSE NUMBER]
[Address]
RE: Demand for Replacement of Dead Plants Under Warranty
Contract Date: [DATE]
Property: [YOUR ADDRESS]
Plant Warranty: 1 Year
Dear [Contractor Name]:
I demand that you honor your 1-year plant warranty and replace the numerous dead and dying plants resulting from your defective installation.
BACKGROUND
Contract dated [DATE] (Exhibit A) included installation of [NUMBER] trees, shrubs, and plants with a 1-year warranty. Total paid: $[AMOUNT]. Installation completed [DATE].
The contract states: “All plant material is guaranteed to be alive and healthy for one (1) year from installation. Contractor will replace any plants that die or fail to thrive within the warranty period at no charge to owner.”
WARRANTY CLAIMS SUBMITTED AND IGNORED
Within [X MONTHS] of installation, the following plants died or are dying:
[LIST: e.g., “15 Italian Cypress trees (all dead), 20 rose bushes (50% dead, remainder diseased), lawn areas (30% bare/dead)”]
Total replacement value per contract pricing: $[AMOUNT].
I have contacted you [NUMBER] times requesting warranty replacement:
– [DATE]: Called and left voicemail
– [DATE]: Emailed with photos of dead plants
– [DATE]: Texted requesting service
– [DATE]: Sent certified letter (Exhibit B)
You have either not responded or made excuses without actually replacing the plants. Your warranty period expires on [DATE]—only [X] days away.
WHY THE PLANTS DIED: YOUR INSTALLATION WAS DEFECTIVE
I hired an arborist, [ARBORIST NAME], to assess the cause of the plant deaths. His report (Exhibit C) concludes:
1. **Improper Planting Depth:** Trees were planted too deep, covering the root flare and causing root suffocation and rot.
2. **Girdling Roots Not Addressed:** You failed to break up root balls and remove circling roots, causing girdling and eventual tree death.
3. **Poor Soil Preparation:** You planted directly into compacted native soil without amending or tilling. Plants could not establish root systems.
4. **Wrong Species for Site:** You installed sun-loving plants in full shade and shade plants in full sun, ignoring site conditions.
5. **Inadequate Irrigation:** The irrigation system you installed does not adequately cover the planting areas. Many plants received insufficient water despite my following your maintenance instructions.
The arborist states: “The widespread plant failure (70%+ mortality) is consistent with poor installation practices and inappropriate species selection, not owner neglect.”
YOUR WARRANTY EXCUSES ARE BASELESS
You have claimed I “didn’t water enough.” This is false:
– I followed your written watering instructions (Exhibit D)
– The irrigation system YOU installed was supposed to provide adequate water
– If your irrigation system failed, that’s YOUR defect, not my neglect
– Arborist confirms irrigation was inadequate (Exhibit C)
You also blamed “weather.” Normal weather conditions do not cause 70% mortality of properly installed plants within one year. This was a normal year with no extreme weather events.
DEMAND
I demand that you, within 21 days:
1. Replace ALL dead and dying plants per the contract plant list (Exhibit E: List of dead plants with original sizes/species)
2. Correct installation practices: Amend soil, plant at proper depth, select appropriate species for site conditions
3. Repair/upgrade irrigation system to adequately cover planted areas
4. Extend warranty on replacement plants for an additional 1 year from replacement date
5. Reimburse my arborist consultation cost: $[AMOUNT]
**Total value of replacement plants per contract pricing: $[AMOUNT]**
If you do not honor your warranty, I will:
1. Hire another contractor to replace the plants and sue you for the cost
2. File a CSLB complaint for failure to honor warranty and substandard installation
3. Seek rescission of the contract and full refund of $[CONTRACT AMOUNT]
4. Pursue damages including cost of replacement, irrigation repair, soil amendment, and attorney’s fees
5. Post detailed reviews documenting your warranty violations
You gave a 1-year warranty. Honor it.
Please contact me at [PHONE] or [EMAIL] within 21 days.
Sincerely,
[Your Signature]
[Your Printed Name]
Enclosures:
Exhibit A: Contract (with warranty provision)
Exhibit B: Prior Warranty Request Letter (certified mail receipt)
Exhibit C: Arborist Report
Exhibit D: Your Written Watering/Maintenance Instructions
Exhibit E: List of Dead/Dying Plants with Photos
Neighbor Disputes and Liability Coverage
When Your Contractor’s Work Damages Neighbor Property
Landscaping work can damage neighboring properties through:
- Tree roots invading neighbor’s sewer line or foundation
- Drainage directing water onto neighbor’s property
- Tree trimming/removal damaging neighbor’s property or utilities
- Excavation undermining neighbor’s fence, retaining wall, or structures
- Overspray from irrigation onto neighbor’s property
Who Pays: Contractor’s Liability Insurance
Your C-27 contractor should have general liability insurance covering property damage to third parties. If the contractor’s work damaged your neighbor’s property:
- Notify contractor immediately in writing of the damage
- Demand contractor’s insurance information (insurer name, policy number)
- Neighbor files claim with contractor’s insurance (or you file on behalf of neighbor if you’re being sued)
- Insurance investigates and pays (or contractor pays if not insured)
If Contractor Is Uninsured: You may be personally liable for damages to neighbor property caused by your contractor’s work. This is why verifying contractor’s insurance before work begins is critical. If contractor was uninsured and you’re now facing liability:
- Contractor is liable to reimburse you for any amounts you pay to neighbor
- You can sue contractor for indemnification
- File CSLB complaint (contractors are required to maintain liability insurance)
Tree Law and Encroachment
California tree law is complex, but general principles:
- Roots crossing property lines: Neighbor can trim roots on their side of property line (at their expense), but if roots cause damage (sewer line, foundation), tree owner may be liable if tree is hazardous or improperly maintained
- Branches overhanging neighbor: Neighbor can trim branches at property line (at their expense)
- Tree falls on neighbor property: Tree owner liable if tree was dead, diseased, or hazardous and owner knew or should have known
Contractor liability: If contractor planted trees too close to property line or selected species known to have invasive roots, contractor may share liability for resulting damage.
Demanding Contractor Fix Neighbor Issues
In your demand letter, state:
“Your [grading/tree planting/excavation] has caused damage to my neighbor’s property at [ADDRESS]. I have received a demand letter from the neighbor for $[AMOUNT]. As the contractor whose work caused this damage, you are liable under your general liability policy. I demand you immediately contact your insurer and provide coverage, or pay the neighbor’s claim directly. If I am forced to pay the neighbor due to your negligence, I will pursue full reimbursement from you plus attorney’s fees.”
Attorney Services for Landscaping & Exterior Work Disputes
Landscaping disputes can involve substantial damages, especially when drainage failures cause foundation problems. I help homeowners recover from defective installations and hold contractors accountable.
Why These Cases Need Legal Help
- Foundation/drainage cases can exceed $50k-$100k in damages
- Expert witnesses required: Civil engineers, arborists, soil experts, structural engineers
- Cross-property issues: Neighbor disputes add complexity and liability exposure
- Contractor disappearance: Many landscape contractors are small operations that fold or ignore demands; litigation and bond claims may be necessary
- Insurance subrogation: If your homeowners insurance paid for water damage, they may pursue the contractor; I can coordinate or represent you in subrogation
My Approach
- Site inspection with experts: I bring civil engineers, arborists, or other specialists to document defects
- Damage quantification: Calculate correction costs, property damage, diminished value
- Contractor investigation: Verify license, insurance, bonding; identify personal assets if needed
- Pre-litigation demand: Detailed letter with expert reports, photos, and cost estimates
- CSLB complaint: File for leverage and to create disciplinary record
- Litigation: Sue for breach of contract, negligence; pursue contractor bond if necessary
Submit Your Case for Review
If you’re dealing with drainage failures, dead plants under warranty, or hardscape defects, I can help. Send me your contract, photos, and any expert reports for a case review.
Serving California homeowners. Contingency fees available. I hold contractors accountable for foundation damage and defective work.
Additional Resources
- CSLB License Lookup: cslb.ca.gov
- File CSLB Complaint: cslb.ca.gov/complaints
- Find Arborist (ISA Certified): ISA Arborist Search