Roofing Contractor Dispute Letters
Roofing Contractor Dispute Letters
Challenge roof leaks, warranty denials & C-39 contractor defects
C-39 Roofing License and Why You Should Care
California’s C-39 Roofing Contractor classification is one of the most common specialty licenses. Understanding what C-39 contractors must do—and what they often fail to do—gives you powerful leverage in disputes.
What C-39 Contractors Are Authorized to Do
- Install, repair, and maintain roofing systems (shingles, tile, metal, TPO, etc.)
- Install underlayment, flashing, vents, and waterproofing
- Roof tear-offs and re-roofs
- Roof coatings and sealants
- Skylights and roof penetrations
- Gutters and downspouts (as incidental to roofing)
License Requirements:
- 4 years journeyman-level roofing experience
- Pass technical and law/business exams
- Workers’ compensation insurance (required; strictly enforced by CSLB)
- $15,000 contractor bond
Workers’ Comp: The C-39 Enforcement Priority
The CSLB aggressively enforces workers’ comp requirements for C-39 contractors because roofing is inherently dangerous. If your contractor:
- Did not have active workers’ comp insurance during the job
- Hired “independent contractors” to avoid workers’ comp (illegal employee misclassification)
- Let workers’ comp lapse mid-job
…you have strong leverage. Contractors operating without workers’ comp face license suspension, fines, and cannot sue to collect payment.
Verify Workers’ Comp Status: Before signing a contract (and in your demand letter if there’s a dispute), check the contractor’s workers’ comp status at cslb.ca.gov. If they weren’t insured during your job:
- You may be personally liable if a worker is injured (workers’ comp liability shifts to property owner)
- Contractor’s contract may be void under B&P § 7125.2
- You can demand rescission and full refund
Written Contract Requirements
For roofing work over $500, California requires written contracts with all B&P § 7159 disclosures. Common roofing contract deficiencies:
- No written contract: Especially common for “emergency repairs” after storms; illegal and voidable
- Vague scope: “Replace roof” without specifying materials, manufacturer, warranty terms
- No permit disclosure: Contractor should disclose if permits are required (they usually are for re-roofs)
- Hidden warranty limitations: Contractor verbally promises “lifetime warranty” but contract says “1 year workmanship only”
Common Roof Installation and Flashing Defects
Leak Location → Likely Defect Matrix
| Where Leak Shows Up | Likely Problem | Evidence to Gather |
|---|---|---|
| Around chimney | Step flashing, counter flashing, or cricket failure; improper sealant application | Photos of flashing install (if accessible), water stains on interior wall/ceiling, roofer inspection report, video during rainstorm |
| At eaves / soffits | Ice dam damage, inadequate drip edge, underlayment laps incorrect, insufficient eave protection | Photos of eave detail, sheathing water damage, climate data (freeze-thaw cycles), thermal imaging showing ice dam vulnerability |
| In valleys | Valley metal improperly lapped, debris accumulation, open valley without proper metal, weaving technique on incompatible shingles | Drone/ladder photos of valley install, debris photos, manufacturer installation guidelines showing contractor violated specs |
| At roof penetrations (vents, pipes) | Boot seals cracked/missing, improper flashing, no sealant, wrong boot type for climate | Photos of penetration flashing, attic photos showing water entry points, infrared showing moisture |
| Mid-roof (no penetrations) | Shingle defect, improper nailing (overdriven, underdriven, wrong pattern), wind uplift from poor installation | Shingle samples showing defects, nailing pattern photos (if accessible), manufacturer inspection report, wind event data |
| Skylights | Flashing kit not used, improper installation, sealant failure, skylight not properly integrated with shingles | Skylight manufacturer installation instructions vs actual install, water stain photos, skylight inspection |
The Flashing Problem: #1 Source of Leaks
Most roof leaks aren’t caused by shingle failures—they’re caused by improper flashing at roof transitions and penetrations. Critical flashing points:
- Chimneys: Require step flashing (woven with shingles), counter flashing (embedded in mortar joints), and cricket (diverter above chimney to prevent debris/water accumulation)
- Valleys: Open valleys require metal (aluminum, copper, or stainless) properly lapped and sealed; closed valleys must use compatible shingles
- Walls: Where roof meets vertical wall, requires step flashing; many contractors use only sealant (guaranteed failure)
- Skylights/dormers: Require manufacturer’s flashing kit; improvised flashing almost always leaks
Expert Evidence: Hire an independent roofing inspector or engineer to document flashing defects. Their report should:
- Identify specific code violations (IRC Chapter 9, manufacturer specs)
- Compare contractor’s work to industry standards (NRCA guidelines)
- Photograph defects with annotations
- Estimate cost to correct defects
Ventilation Issues
Inadequate roof ventilation causes:
- Premature shingle failure (heat buildup)
- Ice damming in cold climates
- Attic moisture and mold
- Voided manufacturer warranties (many require proper ventilation)
How to identify ventilation problems:
- Calculate required ventilation: Building codes typically require 1 sq ft of vent per 150 sq ft of attic space (can be reduced to 1:300 with proper intake/exhaust balance)
- Measure existing vents (ridge vents, soffit vents, gable vents) and calculate actual ventilation provided
- If contractor installed fewer vents than required, this is a code violation and potential breach of contract
Workmanship vs Manufacturer Warranties
Warranty Snapshot Table
| Warranty Type | Who Provides | What It Covers | Typical Term | Limitations |
|---|---|---|---|---|
| Contractor Workmanship Warranty | Roofing contractor | Installation defects: leaks from improper flashing, nailing, underlayment, etc. | 1-5 years (often only 1 year unless extended) | May exclude “Acts of God,” owner modifications, lack of maintenance |
| Manufacturer Material Warranty | Shingle/material manufacturer | Defects in shingles: premature granule loss, cracking, delamination | 20-50 years (but prorated after 10-15 years) | Requires registration, proper installation per specs, adequate ventilation; usually limited to cost of materials only (no labor) |
| Extended “System” Warranty (optional) | Manufacturer (via contractor) | Materials + labor for longer period if entire roof system (underlayment, shingles, accessories) is manufacturer’s brand | Additional 10-25 years | Expensive upgrade; requires certified installer; strict compliance with install specs |
The 1-Year Workmanship Trap
Many roofing contracts include only a 1-year workmanship warranty, which is problematic because:
- Leaks may not appear immediately (some defects take 1-2 years and multiple rain events to manifest)
- Contractor can blame manufacturer after year 1, even if leak is from installation defect
- California has longer statutory periods for construction defects (1-4 years depending on defect type)
Challenging Short Warranty Periods: Even if the contract says “1-year warranty,” you may have longer rights under:
- Implied warranty of habitability/workmanship: Courts recognize that work should be free of defects for a reasonable period
- Statutory construction defect timelines: 1 year for fit/finish, 4 years for patent defects
- Breach of contract: If roof leaks due to improper installation, contractor breached contract regardless of warranty expiration
Manufacturer Warranty Claims: Navigating the Blame Game
When you have a leak, contractors often say “that’s a manufacturer defect, call them.” But manufacturer warranties:
- Cover only shingle defects (not installation issues)
- Require proof of proper installation (which defective contractors can’t provide)
- Often pay only for materials, not labor to replace (labor is 60-70% of re-roof cost)
- Are pro-rated after initial period (you get pennies on the dollar for 15-year-old shingles even if “30-year warranty”)
Strategy: Go after BOTH if unclear who’s at fault:
“I am holding you, the installing contractor, responsible for this leak. Whether it’s caused by your improper installation or by defective shingles, you warranted a watertight roof. If you believe the manufacturer is at fault, pursue them for indemnification or contribution—but you must make my roof right.”
Sample Roofing Contractor Demand Letters
Sample 1: Roof Leak After First Rain – Installation Defect
[Your Name]
[Your Address]
[City, State ZIP]
[Email]
[Phone]
[Date]
[Contractor Name / Company]
CSLB License #: [C-39 LICENSE NUMBER]
[Address]
RE: Demand for Immediate Repair of Defective Roof Installation
Contract Date: [DATE]
Property: [YOUR ADDRESS]
Total Paid: $[AMOUNT]
Dear [Contractor Name]:
I demand immediate repair of the defective roof installation you performed, which has caused significant water damage to my home.
BACKGROUND
On [DATE], I hired you to replace my roof under written contract (Exhibit A). Scope: complete tear-off and re-roof with [BRAND/TYPE] shingles, new underlayment, flashing, and vents. Total price: $[AMOUNT], paid in full on [COMPLETION DATE]. Work completed [DATE].
On [DATE]—the first significant rain after your installation—my roof leaked in multiple locations, causing water damage to ceilings, walls, and contents.
DEFECTIVE INSTALLATION
I hired an independent roofing inspector, [COMPANY/INSPECTOR NAME], to assess the leaks. Their report (Exhibit B) identifies the following installation defects:
1. **Chimney Flashing Failure:** You failed to install proper step flashing and counter flashing at the chimney. You used only roofing cement (which has failed), violating manufacturer specifications and IRC Section R903.2. This is the source of the [LOCATION] leak.
2. **Valley Improperly Installed:** The valley on the [north/south] side has no metal lining. You attempted a “closed valley” without properly weaving shingles, resulting in water channeling under shingles. IRC requires open valleys to have metal; closed valleys require specific weaving technique. You did neither correctly.
3. **Inadequate Underlayment at Eaves:** You failed to install ice/water shield at eaves per IRC Section R905.2.7.1 and manufacturer specs. This caused the [LOCATION] leak during our first freeze.
4. **Improper Nail Placement:** Inspector found numerous shingles with high nailing (nails above seal strip), causing wind uplift and water intrusion. Manufacturer specs require nails in specific zone; your crew ignored this.
5. **No Drip Edge:** You failed to install drip edge at eaves and rakes, allowing water to run behind fascia. IRC Section R905.2.8.5 requires drip edge.
The inspector states: “Multiple installation defects inconsistent with manufacturer specifications, building code, and industry standards. Roof requires substantial corrective work.”
RESULTING DAMAGES
Water intrusion has caused:
– Ceiling water stains and damage in [ROOMS]: $[AMOUNT] to repair (Exhibit C: Contractor estimate)
– Wall damage and paint: $[AMOUNT]
– Damaged contents (furniture, electronics): $[AMOUNT] (Exhibit D: Receipts/photos)
– Potential mold growth (currently monitoring)
**Total water damage: $[TOTAL DAMAGES]**
YOUR BREACH OF CONTRACT
You breached the contract by failing to install the roof in a workmanlike manner consistent with:
– Manufacturer installation instructions (Exhibit E: Manufacturer specs you violated)
– International Residential Code Chapter 9
– Industry standards (NRCA Roofing Manual)
You delivered a defective, leaking roof instead of the watertight roof I paid for.
DEMAND
I demand that you, within 15 days:
1. Remove and reinstall ALL defective flashing (chimney, valleys, walls, penetrations) per code and manufacturer specs
2. Install proper underlayment, ice/water shield, and drip edge where missing
3. Replace all improperly nailed shingles
4. Pass building inspection (obtain roof permit if not already done)
5. Provide written 5-year workmanship warranty on corrected work
6. Pay for all water damage repairs: $[DAMAGES TOTAL]
**If you refuse to perform corrections, I demand full refund of $[AMOUNT PAID] plus water damage costs $[DAMAGES] = $[TOTAL REFUND DEMAND].**
LEGAL CONSEQUENCES
If you do not respond within 15 days:
1. I will file CSLB complaint for substandard work, code violations, and failure to correct defects
2. I will hire another C-39 contractor to correct your defects and sue you for the cost
3. I will pursue litigation for breach of contract, negligence, and fraud
4. I will seek damages including cost of correction, water damage, diminished property value, and attorney’s fees
5. I will record a lis pendens against your $15,000 contractor bond and pursue personal judgment
This is a defective installation that has damaged my home. Fix it immediately or face full legal consequences.
Please contact me at [PHONE] or [EMAIL] within 15 days.
Sincerely,
[Your Signature]
[Your Printed Name]
Enclosures:
Exhibit A: Contract
Exhibit B: Independent Roofing Inspection Report
Exhibit C: Water Damage Repair Estimate
Exhibit D: Damaged Contents Receipts/Photos
Exhibit E: Manufacturer Installation Specifications
Sample 2: Warranty Denial – Contractor Blames Homeowner
[Your Name]
[Your Address]
[City, State ZIP]
[Email]
[Phone]
[Date]
[Contractor Name / Company]
CSLB License #: [C-39 LICENSE NUMBER]
[Address]
RE: Demand for Warranty Repair – Rejection of Baseless Warranty Denial
Contract Date: [DATE]
Warranty Period: [X] Years from [COMPLETION DATE]
Dear [Contractor Name]:
I demand that you honor your [X]-year workmanship warranty and repair the roof leak, and I reject your baseless attempt to void the warranty.
FACTS
Your company installed a new roof on [COMPLETION DATE] under contract (Exhibit A) that included a [X]-year workmanship warranty stating:
“Contractor warrants all workmanship and installation for [X] years. Contractor will repair any leaks resulting from improper installation at no charge to owner during warranty period.”
The roof is now leaking at [LOCATION(S)]. I notified you on [DATE] and requested warranty service. You sent [TECH NAME] to inspect on [DATE].
Rather than honor your warranty, you sent a letter dated [DATE] denying the warranty claim, alleging:
1. I “made unauthorized modifications” (satellite dish installation)
2. I “failed to maintain the roof” (didn’t clean gutters)
3. “Damage was caused by storm, not installation defect”
All three reasons are false and pretextual.
YOUR WARRANTY DENIAL IS BASELESS
**1. Satellite Dish Did Not Void Warranty**
I had a satellite dish installed by [COMPANY] on [DATE], more than [X] months after your roof install. The dish was mounted using a non-penetrating mount that rests on the roof surface—no holes, no fasteners penetrating the roof.
The leak is at the [CHIMNEY/VALLEY], which is [X FEET] away from the satellite dish location. There is no causal connection between the dish and the leak.
Your warranty contains no provision requiring me to obtain your permission before installing non-penetrating roof-mounted equipment. Even if it did, the dish installation did not cause this leak.
**2. Gutter Cleaning Is Irrelevant to This Leak**
You claim I “failed to maintain the roof” because my gutters had some debris. This is absurd:
– The leak is at the [CHIMNEY/VALLEY], not at the gutters or eaves
– Gutters with debris do not cause mid-roof leaks at flashing
– Your warranty does not require gutter cleaning as a condition of coverage
– I have in fact cleaned my gutters regularly (receipts attached, Exhibit B)
This is a red herring to avoid honoring your warranty.
**3. Storm Did Not Cause the Leak—Your Defective Installation Did**
You claim “storm damage” caused the leak. False.
The leak appeared after a [DESCRIPTION: moderate rainstorm with 1.5 inches of rain]. A properly installed roof should easily withstand normal rain. If your roof leaks from routine weather, it’s defective.
Moreover, I have obtained an independent roofing inspection (Exhibit C) which concludes:
“The leak at the [LOCATION] is caused by improper flashing installation. [SPECIFIC DEFECT: No step flashing behind shingles, reliance on sealant only]. This is an installation defect, not storm damage. A competent roofer would have installed proper metal flashing per code.”
**This is exactly what your warranty covers: leaks from improper installation.**
CALIFORNIA LAW DOES NOT ALLOW YOU TO AVOID WARRANTIES WITH PRETEXTUAL EXCUSES
Your warranty is a contractual promise. You cannot void it by manufacturing baseless excuses. California law requires you to act in good faith. Denying a warranty claim for a clear installation defect by blaming a satellite dish 20 feet away or “dirty gutters” is bad faith.
If you believe my actions voided the warranty, you must prove:
1. I violated a specific, clearly-stated warranty condition, AND
2. My actions actually caused the defect
You can prove neither.
DEMAND
I demand that you, within 14 days:
1. Withdraw your warranty denial
2. Repair the leak by installing proper flashing per code and manufacturer specs
3. Repair interior water damage caused by the leak: $[AMOUNT] (Exhibit D: Repair estimate)
4. Confirm in writing that the warranty remains in full effect
If you continue to refuse warranty service, I will:
1. Hire another contractor to repair your defective work and sue you for the cost
2. File a CSLB complaint for failure to honor warranty obligations
3. Pursue litigation for breach of contract, breach of warranty, and bad faith
4. Seek damages including cost of repair, water damage, consequential damages, and attorney’s fees
You gave a warranty. Honor it. Do not waste my time with excuses.
Please contact me at [PHONE] or [EMAIL] within 14 days.
Sincerely,
[Your Signature]
[Your Printed Name]
Enclosures:
Exhibit A: Contract with Warranty Provision
Exhibit B: Gutter Cleaning Receipts (showing regular maintenance)
Exhibit C: Independent Roofing Inspection Report
Exhibit D: Interior Water Damage Repair Estimate
Storm Damage, Insurance, and Contractor Disputes
The Storm Damage vs Installation Defect Debate
A common dispute: roof leaks after a storm, and the contractor claims “storm damage” (not their fault), while you believe the storm merely exposed the contractor’s defective installation.
Key distinction:
- Storm damage: Storm was so severe it would have damaged even a properly installed roof (fallen tree, hail, hurricane-force winds)
- Installation defect exposed by storm: Normal storm (routine rain, moderate winds) caused leaks that wouldn’t have occurred if roof was properly installed
Rule of Thumb: If neighboring homes with similar roofs didn’t leak during the same storm, your leak is likely due to defective installation, not “storm damage.” Use this in your demand letter: “My neighbor’s home, with a roof of similar age and materials, did not leak during the same storm.”
Insurance Claims and Contractor Involvement
When storm damage is involved, you may have both a homeowners insurance claim AND a contractor liability claim:
- If storm caused damage to a properly installed roof: Homeowners insurance claim for storm damage
- If storm exposed contractor’s defects: Contractor liable for repairs, not insurance
- If both contributed: Insurance may pay for storm damage portion; contractor pays for defect portion; or insurance pays and subrogate against contractor
Beware of contractor/insurance collusion: Some contractors partner with public adjusters or insurance agents to drum up “storm damage” claims, even when no significant damage occurred. They push you to file an insurance claim, then inflate the claim to maximize their payout. This can result in insurance fraud charges or policy cancellation. Only file insurance claims for legitimate storm damage.
Post-Storm “Emergency Repair” Scams
After major storms, unscrupulous contractors knock on doors offering “free inspections” and “emergency repairs.” Red flags:
- Pressure to sign immediately (“I’m only in your area today”)
- Requires you to sign over insurance proceeds
- Demands large down payment before insurance claim is approved
- No written contract or vague contract
- Out-of-state contractor with no local presence or license
California Law Protects You: Even for “emergency repairs,” you have a 3-day right to cancel home improvement contracts signed at your home. If a storm-chaser pressures you into signing, you can rescind within 3 days by sending written notice of cancellation.
Attorney Services for Roofing Contractor Disputes
Roofing disputes can involve substantial damages, especially when leaks cause interior water damage or require complete roof replacement. I help homeowners hold contractors accountable for defective installations.
Why Hire an Attorney
- Roof replacement costs $10k-$30k+; water damage can add $10k-$50k
- Technical complexity: Requires expert roofing inspectors to document code violations and installation defects
- Manufacturer vs contractor blame-shifting: I coordinate claims against both when liability is unclear
- Insurance coordination: I work with homeowners insurance claims and subrogation
- Contractor bond recovery: I pursue the $15,000 bond and personal assets if contractor is unresponsive
My Approach
- Roof inspection with certified inspector: Document defects, code violations, and water damage
- Permit/license verification: Confirm contractor had proper license and workers’ comp during job
- Manufacturer coordination: If shingle defect is possible, I coordinate manufacturer inspection
- Pre-litigation demand: Detailed letter with inspection report, photos, repair estimates
- CSLB complaint: File for leverage, especially for workers’ comp or licensing violations
- Litigation: Sue for breach of contract, breach of warranty, negligence; seek cost of correction or rescission
Submit Your Case for Review
If your roof is leaking after a recent installation, your contractor is ignoring warranty claims, or you’re facing water damage from defective work, I can help. Send me your contract, photos, and any inspection reports for a case review.
Serving California homeowners. Contingency fees available. I fight for full repair or replacement, not excuses.
Additional Resources
- CSLB License Lookup: cslb.ca.gov
- File CSLB Complaint: cslb.ca.gov/complaints
- IRC Roofing Standards: International Residential Code Chapter 9 (available at local library or ICC website)