📋 What Are Roofing Defects?

Roofing defects occur when a licensed or unlicensed roofing contractor fails to install, repair, or maintain your roof in accordance with the California Building Code, manufacturer specifications, and industry standards. Under California law, defective roofing work can lead to significant liability including repair costs, water damage, mold remediation, and in some cases, treble damages.

When This Guide Applies

This guide applies if your roofing contractor has:

💧 Caused Roof Leaks

Roof leaks developed after installation due to improper flashing, underlayment, or shingle placement

❌ Improper Installation

Failed to follow manufacturer specifications or California Building Code requirements

🚫 Used Substandard Materials

Used materials not meeting specifications or substituted cheaper materials without authorization

⚠ Failed Inspections

Work failed city/county building inspection or was done without required permits

Common Roofing Defects

💧 Flashing Defects

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Flashing is the metal or other material used to seal roof penetrations and transitions. Common flashing defects include:

  • Improperly sealed vent pipe flashings
  • Missing or inadequate step flashing at walls
  • Improperly installed valley flashing
  • Chimney flashing that wasn't counter-flashed into mortar joints
  • Skylight flashing failures

🏗 Underlayment & Deck Issues

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The underlayment and roof deck provide critical water protection. Defects include:

  • Missing ice and water shield in required areas (valleys, eaves, penetrations)
  • Failure to replace rotted decking before installing new roof
  • Improper overlap of underlayment (water can wick under)
  • Using #15 felt where #30 or synthetic underlayment required
  • Not installing drip edge at eaves and rakes

🛠 Shingle/Tile Installation Defects

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The visible roofing material must be installed per manufacturer specifications:

  • Incorrect nailing pattern (too few nails, wrong placement)
  • Nails not driven flush (over or under-driven)
  • Shingles not properly staggered (creates water channels)
  • Incorrect shingle exposure (too much or too little)
  • Tile installed without proper battens or mortar
  • Missing starter course or ridge cap shingles

🌀 Ventilation Defects

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Proper attic ventilation is critical for roof longevity. Common defects:

  • Insufficient soffit intake vents
  • Blocked soffit vents from insulation
  • Inadequate ridge or roof vents
  • Mixing incompatible vent types (power vents with ridge vents)
  • Net free area below code requirements

⚠ C-39 Roofing Contractor License Required

In California, roofing work over $500 requires a C-39 Roofing Contractor license. A general contractor (B license) may only perform roofing as part of a larger project where roofing is incidental. If your roofer lacks a valid C-39 license:

  • They cannot legally enforce the contract against you
  • They may owe you a full refund of all money paid
  • You can report them to the CSLB for prosecution
  • Criminal penalties up to $15,000 per violation plus jail time

✅ Evidence Checklist

Gather these documents before sending your demand letter or filing claims. Click to check off items as you collect them.

📄 Contract & License Documents

  • ✓ Original signed roofing contract
  • ✓ Written scope of work/specifications
  • ✓ CSLB license lookup printout (C-39)
  • ✓ Bond and insurance information

💰 Payment Records

  • ✓ All cancelled checks/bank statements
  • ✓ Credit card statements for payments
  • ✓ Invoices from contractor
  • ✓ Lien releases (if any)

📷 Photo/Video Evidence

  • ✓ Photos of roof before work began
  • ✓ Photos during installation (if any)
  • ✓ Photos of visible defects on roof
  • ✓ Photos of interior water damage/leaks

🏗 Permits & Inspections

  • ✓ Building permit (or proof none pulled)
  • ✓ Inspection reports (pass/fail)
  • ✓ Final sign-off (or lack thereof)
  • ✓ Code violation notices (if any)

📄 Warranty Documents

  • ✓ Manufacturer's material warranty
  • ✓ Contractor's workmanship warranty
  • ✓ Warranty claim correspondence
  • ✓ Warranty denial letters (if any)

📊 Expert Documentation

  • ✓ Independent roof inspection report
  • ✓ 2-3 repair estimates from licensed C-39s
  • ✓ Water damage remediation estimates
  • ✓ Mold inspection/remediation quotes

💡 Pro Tip: Get an Independent Roof Inspection

Hire an independent licensed roofing inspector or forensic roofing expert to document the defects. Their written report identifying code violations and manufacturer specification departures is powerful evidence. Expect to pay $300-800 for a comprehensive inspection with written report.

📊 Calculating Damages

California law allows you to recover all damages proximately caused by roofing defects. When treble damages apply (B&P Code 7160), your recovery can be tripled.

Damage Type Description
Roof Repair/Replacement The cost to properly repair or replace the defective roofing work. Get at least 2-3 written estimates from licensed C-39 roofing contractors.
Interior Water Damage Repair costs for ceilings, walls, insulation, drywall, paint, and flooring damaged by roof leaks. Document with photos and contractor estimates.
Mold Remediation If water intrusion caused mold growth, you can recover professional mold testing and remediation costs. Mold claims can be substantial.
Personal Property Damage Replacement value of furniture, electronics, clothing, and other personal items damaged by leaks. Document with photos and receipts.
Temporary Housing If your home is uninhabitable during repairs, you can recover hotel costs, temporary rental, storage, and increased living expenses.
Lost Warranty Value If improper installation voided the manufacturer's warranty, you may claim the value of the lost warranty coverage.
Permit/Re-Inspection Fees Costs to obtain proper permits, correct unpermitted work, and pass required inspections.

📊 Sample Damages Calculation

Example: Defective Roof Installation with Water Damage

Original roofing contract price $18,500
Amount paid to contractor $18,500
Cost to repair/replace roof properly $24,000
Roof overage damages $5,500
Ceiling/drywall repair (water damage) $6,800
Mold remediation $4,200
Damaged furniture/personal property $2,400
Temporary housing (2 weeks) $1,800
Permit correction fees $650
ACTUAL DAMAGES SUBTOTAL $21,350
Treble damages (if B&P 7160 applies: x3) $64,050
MAXIMUM POTENTIAL RECOVERY $64,050

⚠ Document Water Damage Immediately

When you discover a leak, you have a duty to mitigate damages. Take immediate action to prevent further damage, but document everything:

  • Photograph all visible water damage before cleanup
  • Place buckets/tarps but keep damaged materials until documented
  • Call contractor immediately and document the call
  • Get emergency repairs done if necessary (keep receipts)
  • Hire a mold inspector if water sat for more than 48 hours

📝 Sample Demand Letter Language

Copy and customize these paragraphs for your roofing defect demand letter.

Opening Paragraph - Formal Notice
RE: FORMAL DEMAND FOR DAMAGES - DEFECTIVE ROOFING WORK

Dear [CONTRACTOR NAME],

This letter constitutes formal notice that the roofing work performed at [PROPERTY ADDRESS] is defective and has caused substantial damage to my property. The work fails to comply with California Building Code Chapter 15, manufacturer installation requirements, and industry standards. Pursuant to California Business and Professions Code Sections 7109 and 7110, and Civil Code Sections 895-945.5 (SB 800), I hereby demand immediate repair of the defective work and payment of damages as set forth below.
Contract Background
On [CONTRACT DATE], the parties entered into a contract for roofing services (California C-39 Roofing Contractor License No. [LICENSE NUMBER]) at [PROPERTY ADDRESS]. The scope of work included [DESCRIPTION: e.g., complete tear-off and re-roof with architectural shingles, including all flashing, underlayment, and ventilation] for a total contract price of $[CONTRACT AMOUNT]. The work was substantially completed on [COMPLETION DATE]. I paid the full contract amount of $[AMOUNT PAID]. Copies of the contract and payment records are enclosed.
Description of Defects
Beginning on [DATE DEFECTS DISCOVERED], I discovered the following defects in the roofing work:

1. Flashing Defects: [Describe: e.g., The step flashing at the chimney was improperly installed without counter-flashing, allowing water to penetrate behind the shingles and into the attic space]

2. Underlayment Defects: [Describe: e.g., Ice and water shield was not installed in the valleys as required by CBC Section 1507.2, resulting in water intrusion during heavy rain]

3. Shingle Installation Defects: [Describe: e.g., Shingles were installed with only 4 nails instead of the manufacturer-required 6 nails for high-wind areas, and nails were driven through the adhesive strip rather than in the designated nailing zone]

These defects violate California Building Code Section 1507, the manufacturer's installation specifications for [SHINGLE BRAND/MODEL], and accepted trade standards for roofing work.
Resulting Damages
As a direct and proximate result of these roofing defects, I have suffered the following damages:

Roof Repair Costs:
- Cost to properly repair/replace roof (per enclosed estimates): $[AMOUNT]

Interior Water Damage:
- Ceiling and drywall repairs: $[AMOUNT]
- Attic insulation replacement: $[AMOUNT]
- Interior painting: $[AMOUNT]

Mold Remediation:
- Mold inspection and testing: $[AMOUNT]
- Professional mold remediation: $[AMOUNT]

Personal Property:
- Damaged furniture and belongings: $[AMOUNT]

TOTAL ACTUAL DAMAGES: $[TOTAL]
Legal Violations
Your conduct violates multiple provisions of California law:

1. B&P Code Section 7109 - Departure from Specifications: The work departed from the manufacturer's installation requirements and accepted trade standards for roofing without consent.

2. B&P Code Section 7110 - Building Code Violations: The work violates California Building Code Chapter 15 requirements for roofing assemblies, specifically CBC Sections [CITE SPECIFIC SECTIONS].

3. Civil Code Section 896 (SB 800): The roof fails to meet the statutory standard that it "shall not allow unintended water to pass within the structure."

These violations entitle me to actual damages, and in the case of willful violations, treble damages under B&P Code Section 7160 and recovery against your contractor's license bond.
Demand and Deadline
DEMAND FOR REPAIR AND/OR PAYMENT

I hereby demand that within fifteen (15) days of the date of this letter, no later than [DEADLINE DATE], you either:

(a) Complete all necessary repairs to bring the roof into compliance with the California Building Code, manufacturer specifications, and accepted trade standards, at your sole expense; OR

(b) Pay the sum of $[TOTAL DAMAGES] representing my actual damages.

If I do not receive a satisfactory response by this deadline, I will pursue all available legal remedies including but not limited to:
- Filing a formal complaint with the Contractors State License Board seeking license suspension and restitution
- Filing a claim against your contractor's license bond ($25,000 minimum) with [BONDING COMPANY NAME]
- Filing a civil lawsuit seeking actual damages, treble damages under B&P Code 7160, attorney fees, and court costs
- Reporting the building code violations to the local building department

This letter shall serve as the notice required under Civil Code Section 910 (SB 800) and California law. Govern yourself accordingly.
Closing
Sincerely,

[YOUR NAME]
[YOUR ADDRESS]
[YOUR PHONE]
[YOUR EMAIL]

Enclosures:
- Copy of signed roofing contract
- Payment records/cancelled checks
- Photographs of roof defects and water damage
- Independent roof inspection report
- Repair estimates from licensed C-39 contractors
- Water damage remediation estimates
- Manufacturer installation specifications

cc: Contractors State License Board
cc: [BONDING COMPANY NAME]
cc: [LOCAL BUILDING DEPARTMENT]

🚀 Next Steps

What to do after sending your demand letter.

Recommended Action Sequence

Step 1: Send Demand Letter

Send via certified mail with return receipt. Keep a copy. Allow 15-30 days for response.

Step 2: File CSLB Complaint

File online or by mail with the Contractors State License Board. Attach copy of demand letter. This creates official record and may result in restitution order.

Step 3: File Bond Claim

Contact the bonding company listed on CSLB license lookup. Submit claim package with all documentation.

Step 4: Consult Attorney / File Suit

If no resolution, consult a construction defect attorney or file in Small Claims (up to $10,000) or Superior Court.

SB 800 Pre-Litigation Requirements (New Construction)

If your home was built within the last 10 years, the SB 800 Right to Repair Act may apply. Before filing suit, you must:

  1. Send Written Notice: Provide detailed written notice of the defects to the builder/contractor
  2. Allow Inspection: The builder has 14 days to acknowledge and schedule inspection within 30 days
  3. Wait for Repair Offer: The builder has 30 days to offer repair or cash settlement
  4. Complete Repairs: If repairs are offered, the builder has 120 days to complete them

⚠ Emergency Repairs Exception

If the roof is actively leaking and causing ongoing damage, you may make emergency repairs without waiting for the builder's response. Document everything, keep all receipts, and take photos before and after emergency repairs. Notify the contractor immediately of the emergency repairs made.

Filing Options Based on Claim Amount

  1. Small Claims Court (Up to $10,000)

    Fast, inexpensive, no attorney needed. File at the courthouse in the county where the work was performed. Ideal for smaller roofing defect claims.

  2. Limited Civil Court ($10,001 - $25,000)

    More formal process but still streamlined. Attorney recommended but not required.

  3. Unlimited Civil Court (Over $25,000)

    For larger claims including treble damages and extensive water damage. Attorney strongly recommended. Full discovery available.

Need Professional Help?

Roofing defect cases involving water damage, mold, or substantial repairs can be complex. Get a 30-minute strategy call with a construction attorney to evaluate your options.

Book Consultation - $125

California Resources