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Demand Letter - Roof Leak / Defective Installation
[Today's Date]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[Contractor Name]
[Contractor Address]
Re: DEMAND FOR REPAIR AND DAMAGES - Defective Roofing Installation
Property: [Your Property Address]
Contract Date: [Contract Date]
License No.: [License Number]
Dear [Contractor Name]:
I am writing to formally demand that you repair defective roofing work and compensate me for resulting damages 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]. The work was completed on or about [Completion Date], and I paid [Amount Paid].
DEFECTS DISCOVERED: On or about [Date Leak Discovered], I discovered that the roof is leaking and/or exhibiting the following defects:
[Description of defects: improper flashing installation, missing or inadequate underlayment, incorrect nailing pattern, departure from manufacturer specifications, etc. Include locations and observed problems.]
LEGAL BASIS FOR CLAIM: Your work violates the following California laws and standards:
1. California Business & Professions Code Section 7109 - Departure from accepted trade standards and/or departure from plans, specifications, or manufacturer requirements without consent constitutes a cause for discipline and civil liability.

2. California Business & Professions Code Section 7110 - Willful or deliberate disregard and violation of the building laws of the state, or any applicable building code or regulation, is grounds for discipline and liability.

3. California Building Code Chapter 15 - Roof assemblies shall be installed in accordance with manufacturer's installation instructions and applicable code requirements for weather protection, underlayment, flashing, and drainage.

4. Breach of Contract - You failed to perform the work in a good and workmanlike manner as required by our agreement and California law.

5. Breach of Implied Warranty - Under California Civil Code Section 1792 et seq., you impliedly warranted that your work would be fit for its intended purpose of protecting my home from water intrusion.
DAMAGES: As a direct and proximate result of your defective work, I have incurred the following damages:
- Cost to properly repair/replace defective roofing: [Repair Cost]
- Interior water damage repairs (drywall, paint, flooring, etc.): [Water Damage Cost]
- TOTAL DAMAGES: [Total Damages]
DEMAND: I hereby demand that within [14] days of your receipt of this letter, you either:
Option A: Return to the property with a licensed C-39 roofing contractor (or as required) to properly repair all defects in accordance with manufacturer specifications, California Building Code requirements, and accepted trade standards, at no additional cost to me; AND pay for all interior damage repairs; OR

Option B: Pay the total sum of [Total Damages] to compensate me for the cost of having the defects properly repaired by another licensed contractor and for resulting damages.
NOTICE OF INTENT: If you fail to satisfactorily respond to this demand within the specified time, I intend to pursue all available remedies, which may include:
- Filing a complaint with the Contractors State License Board (CSLB)
- Filing a claim against your contractor's bond
- Filing suit in Small Claims Court or Superior Court
- Seeking treble damages under B&P Code Section 7160 if willful misconduct is established
- Recovery of attorney's fees and costs as permitted by law
Please contact me immediately at the address above or by phone at [Your Phone Number] to discuss resolution of this matter. I expect your written response within [14] days.
Sincerely,



_________________________________
[Your Name]
[Your Address]
Enclosures:
- Copy of roofing contract
- Copies of payment records
- Photographs of defects and damage
- Repair estimates from licensed contractors
- CSLB license lookup printout

📋 Instructions

Before Sending This Letter

  • ✓ Verify contractor's license - Go to cslb.ca.gov and print the license lookup page showing their C-39 classification, bond info, and workers' comp status
  • ✓ Document the defects - Take detailed photos/videos of all visible roof defects and interior water damage. Date-stamp everything.
  • ✓ Get repair estimates - Obtain 2-3 written estimates from other licensed C-39 roofing contractors
  • ✓ Gather all documents - Locate your contract, all payment records, any written communications, and permit/inspection records
  • ✓ Consider an independent inspection - A professional roof inspection report ($300-800) documenting code violations is powerful evidence

How to Send the Letter

⚠ Always Use Certified Mail

Send via USPS Certified Mail with Return Receipt Requested. This creates proof of delivery that may be required if you file a lawsuit. Keep the green return receipt card when it comes back.

  1. Print the letter on plain white paper
  2. Sign the letter in blue or black ink
  3. Make 2 copies - one for your records, one to send to CSLB later if needed
  4. Attach copies of supporting documents (contract, photos, estimates)
  5. Go to the Post Office and send via Certified Mail, Return Receipt Requested
  6. Save the certified mail receipt and tracking number
  7. Mark your calendar for the response deadline

If Contractor Doesn't Respond

If you receive no response within the deadline (typically 14 days from receipt):

  1. File a complaint with CSLB at cslb.ca.gov or call 800-321-CSLB
  2. File a claim against the contractor's bond with the surety company
  3. File a lawsuit in Small Claims Court (up to $12,500) or Superior Court

⚖ Legal Basis

California provides strong protections for homeowners dealing with defective roofing work. Your demand letter is supported by the following laws:

📚

B&P Code Section 7109 - Departure from Standards

Willful departure from accepted trade standards for good and workmanlike construction, or departure from plans or specifications without consent, constitutes grounds for discipline. This includes failure to follow manufacturer installation requirements.

📚

B&P Code Section 7110 - Building Code Violations

Willful or deliberate disregard and violation of building laws, including California Building Code Chapter 15 governing roof assemblies, is grounds for license discipline and creates civil liability.

🏗

California Building Code Chapter 15 - Roof Assemblies

Roof coverings shall be weather resistant and installed per manufacturer's instructions. This includes requirements for underlayment (CBC 1507.1), flashing (CBC 1503.2), and weather protection at eaves, valleys, and penetrations.

📄

Civil Code Section 1792 - Implied Warranty

Every contract for construction work contains an implied warranty that the work will be performed in a competent and workmanlike manner and will be fit for its intended purpose - in this case, protecting your home from water intrusion.

💰

B&P Code Section 7160 - Treble Damages

If the contractor's conduct amounts to a violation that is willful and fraudulent, the homeowner may recover three times the amount of actual damages. This applies to intentional use of substandard materials, deliberate code violations, or fraud.

💡 Statute of Limitations

  • Patent (visible) defects: 4 years from discovery (CCP 337)
  • Latent (hidden) defects: 10 years from substantial completion (CCP 337.15)
  • Bond claims: 2 years from violation OR 1 year from completion

💰 Available Remedies

California law provides multiple avenues to recover damages for defective roofing work:

Compensatory Damages

  • Cost of repair - What it costs to have another licensed contractor properly fix the defects
  • Water damage repairs - Interior damage to drywall, paint, flooring, insulation
  • Personal property damage - Furniture, electronics, clothing damaged by water
  • Mold remediation - Testing and removal if mold develops
  • Temporary housing - If home is uninhabitable during repairs
  • Lost rental income - If rental property is affected

Enhanced Damages

💰 Treble Damages (B&P 7160)

If the contractor's conduct is willful and fraudulent, you may recover three times your actual damages. Examples include:

  • Intentionally using inferior materials while charging for quality materials
  • Deliberately failing to install required components (underlayment, flashing)
  • Forging inspection documents or permits
  • Knowingly performing work beyond license scope

Contractor's Bond ($25,000 minimum)

All California contractors must maintain a surety bond. You can file a claim directly against the bond:

  1. Get bond information from CSLB license lookup
  2. Send written claim to surety company via certified mail
  3. Surety has 30 days to investigate and respond
  4. If denied, you may need to obtain a court judgment first

CSLB Complaint

File a complaint with the Contractors State License Board. CSLB can:

  • Investigate and facilitate voluntary settlement
  • Issue citations with civil penalties
  • Suspend or revoke contractor's license
  • Refer for criminal prosecution
  • Help you understand bond claim process

⚠ CSLB Limitation

CSLB cannot order the contractor to pay you money. For monetary recovery, you'll need to pursue bond claims and/or civil court action.

👥 When to Hire an Attorney

Handle Yourself If:

  • Total damages are under $12,500 (Small Claims Court limit)
  • The defects and damages are straightforward and well-documented
  • You have clear photos, estimates, and contract documentation
  • Contractor is responsive and negotiating in good faith
  • No mechanic's lien has been filed against your property

Hire an Attorney If:

  • Damages exceed $25,000
  • Structural damage or safety hazards exist
  • Contractor has filed or threatened a mechanic's lien
  • Multiple parties are involved (subcontractors, insurance companies)
  • You believe fraud or intentional misconduct occurred (treble damages case)
  • This is new construction subject to SB 800 pre-litigation requirements
  • Personal injury resulted from the defective work
  • The contractor has hired an attorney

Need Professional Legal Guidance?

Get a 30-minute strategy session with a California construction attorney. Review your case, understand your options, and get a clear action plan.

Book $125 Consultation →

🚀 Action Steps

1

Document Everything

Take photos and videos of all visible roof defects and interior water damage. Get weather records showing rain dates. Save all text messages, emails, and notes from phone calls with the contractor.

2

Get Repair Estimates

Contact 2-3 licensed C-39 roofing contractors for written estimates to properly repair the defects. Consider getting a professional roof inspection report ($300-800) that documents code violations.

3

Verify Contractor's License

Go to cslb.ca.gov and print the license lookup page. Verify C-39 classification is active, note the surety company name and bond number, and check workers' comp status.

4

Send Demand Letter

Complete the form above, print the letter, sign it, attach copies of supporting documents, and send via Certified Mail with Return Receipt Requested. Keep copies of everything.

5

Wait for Response

Give the contractor until the deadline (typically 14 days from receipt) to respond. Many contractors will negotiate once they receive a formal demand letter with legal citations.

6

Escalate If Necessary

If no satisfactory response: (1) File CSLB complaint, (2) File bond claim with surety company, (3) File in Small Claims Court (up to $12,500) or Superior Court. You can pursue all three simultaneously.

✔ Success Tip

Contractors take demand letters seriously when they include specific legal citations, documented damages, and clear deadlines. Most disputes settle before reaching court. The key is thorough documentation and professional presentation.