✎ Fill In Your Information
[Contractor Name]
[Contractor Address]
Property: [Your Property Address]
Installation Date: [Contract Date]
Warranty: [Warranty Period]
2. California Civil Code Section 1792 - Implied Warranty of Merchantability - Every sale of goods (including roofing materials) includes an implied warranty that the goods are fit for their intended purpose. A roof that fails to protect from water is not merchantable.
3. California Civil Code Section 1790 et seq. - Song-Beverly Consumer Warranty Act - If express warranties on consumer goods (including home improvement) are not honored, the consumer may recover damages plus civil penalties.
4. California Business & Professions Code Section 7109 - Departure from accepted trade standards. If the warranty issue stems from poor workmanship, this is a CSLB violation regardless of the warranty.
5. California Civil Code Section 1794 - A buyer damaged by breach of warranty may recover damages, costs, and attorney's fees.
- The issue is clearly related to workmanship/materials, not external factors
- Your stated reason for denial is not a valid exclusion under the warranty terms
- You have not provided any inspection or documentation supporting your denial
- California law does not allow contractors to disclaim implied warranties
Option B: Pay me [Repair Cost] to compensate me for having the defects repaired by another licensed contractor.
- Filing a claim against your contractor's bond
- Filing suit in Small Claims Court or Superior Court
- Seeking civil penalties under the Song-Beverly Consumer Warranty Act
- Recovery of attorney's fees and costs under Civil Code Section 1794
- Notifying the roofing material manufacturer that their warranty was voided by your improper installation
_________________________________
[Your Name]
[Your Address]
- Copy of contract with warranty terms highlighted
- Copy of any separate warranty document
- Written warranty claim/request for repair
- Contractor's written denial (if any)
- Photographs of defects
- Repair estimates from licensed contractors
- CSLB license lookup printout
📋 Instructions
Before Sending This Letter
- ✓ Locate your warranty documents - Find the original contract, any separate warranty certificates, and manufacturer warranties for roofing materials
- ✓ Verify you're within the warranty period - Calculate the time from installation to when the problem first appeared (not when you reported it)
- ✓ Document your warranty request - Gather all evidence that you properly reported the issue to the contractor (emails, texts, call logs)
- ✓ Photograph the defects - Take detailed photos of all problems with your roof, including wide shots and close-ups
- ✓ Get professional inspection - Consider hiring another licensed roofer to inspect and provide a written report on the cause of the problems
- ✓ Get repair estimates - Obtain 2-3 written estimates from licensed C-39 contractors to repair the defects
Types of Roofing Warranties
📝 Understanding Your Coverage
- Workmanship Warranty (Contractor) - Covers installation errors, typically 1-10 years. This is what you enforce against the contractor.
- Material Warranty (Manufacturer) - Covers defects in roofing materials, typically 25-50 years. Often voided if installation was improper.
- Implied Warranty - California law implies a warranty that all work is fit for its purpose, regardless of written warranties.
Common Invalid Warranty Denials
Contractors often improperly deny warranty claims by citing:
- "Normal wear and tear" - Leaks within a few years are not normal wear
- "Act of God/storm damage" - Must prove the storm, not the installation, caused the damage
- "Warranty only covers materials, not labor" - Read your warranty; implied warranties cover labor too
- "You didn't maintain the roof" - Must show specific maintenance requirements and your failure to perform them
- "Company changed ownership" - Warranties often transfer with business purchases
⚖ Legal Basis
California has strong warranty protection laws that make it difficult for contractors to avoid their warranty obligations.
Express Warranty - Contract Law
When a contractor provides a written warranty, it becomes part of the contract. Failure to honor the warranty is a breach of contract, entitling you to damages for repair costs, consequential damages, and potentially attorney's fees if your contract allows.
Civil Code Section 1792 - Implied Warranty of Merchantability
Every sale of goods includes an implied warranty that the goods are fit for their ordinary purpose. A roof must protect from water. This warranty cannot be disclaimed in consumer contracts and exists regardless of any written warranty.
Civil Code 1790 et seq. - Song-Beverly Consumer Warranty Act
The "Lemon Law" for consumer goods including home improvements. If a warranty is not honored, the consumer may recover actual damages, plus a civil penalty up to two times the damages if the breach was willful.
Civil Code Section 1794 - Attorney's Fees
If you prevail in an action under Song-Beverly (warranty breach), the manufacturer/seller must pay your attorney's fees and costs. This makes it economically feasible to pursue warranty claims.
B&P Code Section 7109 - Workmanship Standards
If the warranty issue stems from departure from accepted trade standards, it's also a CSLB violation - regardless of warranty terms. The contractor can face license discipline in addition to civil liability.
⚠ Manufacturer Warranty Voided by Improper Installation
If the material manufacturer denied your warranty claim because the contractor installed the materials improperly, you have a strong claim against the contractor. They caused you to lose valuable warranty coverage through their negligence.
💡 Can't Waive Implied Warranties
Under California Civil Code Section 1792.4, implied warranties in consumer transactions (like home roofing) cannot be disclaimed. Even if your contract says "no implied warranties," the implied warranty of fitness still applies.
💰 Available Remedies
Warranty breach cases can result in recovery beyond just repair costs due to California's consumer protection laws.
Repair Costs and Compensatory Damages
- Cost of warranty repairs - What another contractor would charge to fix the problems
- Consequential damages - Water damage to interior, mold remediation, personal property damage
- Loss of use - If home was uninhabitable during repair period
- Lost manufacturer warranty - Value of manufacturer warranty voided by improper installation
Song-Beverly Act Penalties
💰 Civil Penalty for Willful Breach
Under Civil Code 1794(c), if the warranty breach was willful (intentional refusal to honor a valid warranty), you can recover a civil penalty of up to two times your actual damages.
Example: $5,000 repair cost could become $15,000 total (damages + 2x penalty).
Attorney's Fees
Under Civil Code Section 1794, if you prevail in a Song-Beverly action:
- The contractor must pay your reasonable attorney's fees
- You also recover court costs and expenses
- This makes it viable to hire a lawyer even for moderate claims
Contractor's Bond
Warranty breaches can support a claim against the contractor's $25,000 bond:
- Get bond information from CSLB license lookup
- Document the warranty terms and contractor's refusal to honor them
- Send written claim to surety company
CSLB Complaint
CSLB can discipline contractors who refuse to honor warranties:
- Issue citations with civil penalties
- Require completion of warranty work
- Suspend or revoke license for repeated violations
✔ Leverage Point
The threat of a CSLB complaint and license discipline often motivates contractors to honor warranties. Their license is their livelihood.
👥 When to Hire an Attorney
Handle Yourself If:
- Repair costs are under $12,500 (Small Claims Court limit)
- You have a clear written warranty
- The problem is obviously covered (e.g., leak within 2 years of installation)
- Contractor is still in business and has active license
- You're comfortable negotiating and filing court papers
Hire an Attorney If:
- Damages exceed $12,500 (need Superior Court)
- You want to pursue Song-Beverly civil penalties
- Warranty terms are ambiguous or disputed
- Contractor has counsel or is aggressively defending
- Multiple parties involved (contractor, manufacturer, subcontractors)
- Consequential damages are significant (mold, structural damage)
- New construction subject to SB 800 pre-litigation requirements
💡 Attorney's Fees Make Lawyers Accessible
Because Song-Beverly allows recovery of attorney's fees, many construction attorneys will take warranty cases on a contingency or hybrid basis. The contractor may end up paying your lawyer.
Contractor Refusing to Honor Warranty?
Get a 30-minute strategy session to understand your warranty rights and best path to enforcement.
Book $125 Consultation →🚀 Action Steps
Gather All Warranty Documentation
Locate your original contract, any separate warranty documents, manufacturer warranty cards, and all communications about the warranty. Highlight the relevant warranty terms.
Document the Problem and Your Claim
Take photos/videos of all defects. Create a timeline showing when the problem appeared and when/how you notified the contractor. Save all texts, emails, and notes from calls.
Get Independent Inspection
Hire another licensed C-39 contractor to inspect the roof and provide a written report. Ask them to identify the cause of the problems and whether they indicate workmanship defects.
Obtain Repair Estimates
Get 2-3 written estimates from licensed contractors to repair the defects. These establish your damages if the warranty isn't honored.
Send Demand Letter
Complete the form above, print, sign, and send via Certified Mail with Return Receipt Requested. Attach copies of warranty, photos, and estimates. Keep copies of everything.
Wait for Response
Give the contractor the full deadline period to respond. Many will reconsider after receiving a formal demand with legal citations, especially the Song-Beverly penalties threat.
Escalate If Necessary
If no satisfactory response: (1) File CSLB complaint, (2) File bond claim, (3) File lawsuit - consider consulting attorney for Song-Beverly penalty claims and attorney fee recovery.
⚠ Don't Delay
Act quickly when warranty issues arise. The longer you wait, the harder it becomes to prove the problem existed within the warranty period. Document everything immediately, even if you try to work things out informally first.