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California Roofing Contractor Abandonment Demand Letter

Demand letter template when your roofing contractor disappeared mid-project, stopped responding, or abandoned the job. Recover deposits and completion costs under B&P Code 7107.

30 Days
Presumed Abandoned
$25,000
Bond Available
Criminal
Referral Possible

✎ Fill In Your Information

Demand Letter - Contractor Abandonment (B&P 7107)
[Today's Date]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[Contractor Name]
[Contractor Address]
Re: DEMAND FOR REFUND - ABANDONED ROOFING PROJECT
Property: [Your Property Address]
Contract Date: [Contract Date]
License No.: [License Number]
Dear [Contractor Name]:
I am writing to formally demand a refund and damages for your abandonment of the roofing project at my property located at [Your Property Address]. On or about [Contract Date], I entered into a contract with you for roofing services in the amount of [Contract Amount]. I have paid you [Amount Paid] to date.
ABANDONMENT: The last day any work was performed on this project was [Last Day of Work]. Since that date, you have failed to return to the jobsite, failed to respond to my phone calls, text messages, and emails, and have effectively abandoned this project. The work completed to date represents approximately [Percentage Complete] of the contracted scope:
[Description of work completed and work remaining]
LEGAL BASIS FOR CLAIM: Your conduct violates the following California laws:
1. Business & Professions Code Section 7107 - Abandonment of any construction project or operation without legal excuse is a cause for disciplinary action. Your failure to perform work for more than 30 days without legal excuse constitutes abandonment under California law.

2. Business & Professions Code Section 7113 - Failure to complete a construction project for the price stated in the contract, or abandonment thereof, is grounds for discipline when the failure is without legal excuse.

3. Business & Professions Code Section 7159.5 - You have received payment substantially in excess of the value of work performed, violating the payment schedule requirements for home improvement contracts.

4. Breach of Contract - You have materially breached our agreement by failing to perform the contracted work.

5. Conversion - Your retention of funds paid for work not performed constitutes conversion of my property.
DAMAGES: As a direct result of your abandonment, I have incurred the following damages:
- Amount paid for work not performed: [Refund Amount]
- Cost to complete project with another contractor: [Completion Cost]
- Completion cost excess over original contract: [Total Damages]
DEMAND: I hereby demand that within fourteen (14) days of your receipt of this letter, you either:
Option A: Return to the jobsite immediately and complete the contracted work within a reasonable time, at no additional cost to me, and in accordance with the contract specifications; OR

Option B: Pay me the sum of [Total Damages], representing the refund owed for work not performed plus the excess cost I must pay to have another contractor complete the work.
NOTICE OF INTENT: If you fail to satisfactorily respond to this demand within the specified time, I will take the following actions:
- File a formal complaint with the Contractors State License Board (CSLB) for abandonment and license law violations
- File a claim against your contractor's bond ($25,000)
- Refer this matter to the District Attorney's office for potential criminal prosecution under B&P Code Section 7028.16 (theft by contractor)
- File suit in Small Claims Court or Superior Court for all damages plus court costs
- Seek recovery of attorney's fees as permitted by law
Please contact me immediately to resolve this matter. I expect your written response within fourteen (14) days.
Sincerely,



_________________________________
[Your Name]
[Your Address]
Enclosures:
- Copy of roofing contract
- Copies of all payment records
- Log of attempted contacts (dates, times, method)
- Photos of incomplete work
- Estimates from replacement contractors
- CSLB license lookup printout

📋 Instructions

What Qualifies as Abandonment?

Under California law, contractor abandonment is presumed when:

  • No work has been performed for 30 consecutive days
  • The contractor has no legal excuse (illness, weather, permit delays)
  • The contractor fails to respond to reasonable contact attempts

⚠ Protect Your Property First

If your roof is left exposed, take immediate steps to protect your home from water damage. Hire someone to install tarps or temporary covering. Document everything with photos and keep all receipts - these are recoverable damages.

Document the Abandonment

  1. Create a contact log - Record every attempt to reach the contractor (date, time, method, result)
  2. Send a text/email - "Please contact me regarding the roofing project at [address]. Work has stopped and I need to understand your timeline for completion."
  3. Wait a reasonable time - Give them 3-5 business days to respond
  4. Photograph the incomplete work - Show exactly what was and wasn't done
  5. Get completion estimates - Contact 2-3 other C-39 contractors

Calculating Your Damages

Your damages for abandonment typically include:

  • Overpayment: Amount paid minus fair value of work actually completed
  • Completion excess: Cost to finish with another contractor minus what you would have paid original contractor
  • Emergency repairs: Cost of tarps, temporary fixes to prevent further damage
  • Consequential damages: Water damage, temporary housing if needed

⚖ Legal Basis

📚

B&P Code Section 7107 - Abandonment

Abandonment of any construction project or operation engaged in or undertaken by a licensee as a contractor without legal excuse shall constitute a cause for disciplinary action. Courts have held that 30 days without work activity creates a presumption of abandonment.

📚

B&P Code Section 7113 - Failure to Complete

Failure to complete any construction project or operation for the price stated in the contract, or any modification thereof, is a cause for discipline when the failure is without legal excuse. "Legal excuse" includes documented permit delays, owner-caused delays, or force majeure events.

📚

B&P Code Section 7028.16 - Contractor Theft

Any contractor who receives payment for the purpose of obtaining building permits and willfully fails to obtain the permits, or receives money for construction work and willfully fails to perform, is guilty of a misdemeanor. This provides a basis for criminal referral.

⚠ "Legal Excuse" Defense

Contractors may claim they had a "legal excuse" for stopping work. Valid excuses include:

  • Permit delays caused by the city/county
  • Homeowner failing to provide required access or decisions
  • Documented serious illness or emergency
  • Homeowner's failure to pay per the contract terms
  • Discovery of concealed conditions requiring change order

Simply being "too busy with other jobs" is NOT a legal excuse.

💰 Available Remedies

Bond Claim ($25,000 minimum)

All California contractors must maintain a surety bond. This is often the fastest way to recover money for abandonment.

  1. Look up contractor's license at cslb.ca.gov to find surety company
  2. Send written claim to surety via certified mail
  3. Include contract, payment records, photos of incomplete work, completion estimates
  4. Surety has 30 days to investigate and respond

CSLB Complaint

File at cslb.ca.gov or call 800-321-CSLB. CSLB takes abandonment seriously and may:

  • Suspend or revoke the contractor's license
  • Issue citations with civil penalties
  • Facilitate settlement negotiations
  • Refer for criminal prosecution

Criminal Referral

If the contractor took your money and disappeared, contact:

  • Your local District Attorney's consumer fraud unit
  • CSLB's Statewide Investigative Fraud Team (SWIFT)

Need Professional Help?

Get a 30-minute strategy session with a California construction attorney.

Book $125 Consultation →

🚀 Action Steps

  1. Protect your property - If roof is exposed, arrange temporary covering immediately
  2. Document everything - Photos, contact log, all communications
  3. Verify license status - Check cslb.ca.gov for current status and bond info
  4. Get completion estimates - 2-3 quotes from other licensed C-39 contractors
  5. Send this demand letter - Via certified mail, return receipt requested
  6. Wait 14 days - Mark your calendar for response deadline
  7. File CSLB complaint - If no response, file immediately
  8. File bond claim - Send claim to surety company
  9. Consider criminal referral - Contact DA if contractor disappeared with funds
  10. File lawsuit - Small Claims (up to $12,500) or Superior Court

✔ Success Tip

Abandonment is one of the most serious contractor violations. CSLB takes these complaints very seriously, and bond companies often pay valid claims to avoid litigation. Document thoroughly and act quickly.

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