Landscaping and hardscape projects transform outdoor spaces but require proper planning, execution, and materials. When contractors deliver poor drainage, failing retaining walls, dead plants, or crumbling hardscape, you deserve remedies. This guide helps you document defects and demand proper repair or refund.
Document specific defects with professional assessment
Demand complete remediation of all issues
Recover cost of dead plant replacement
Address drainage issues before structural damage
Correct unsafe conditions immediately
Retaining Wall Warning: Failing retaining walls can collapse without warning, causing serious injury or death. If your retaining wall is leaning, cracking, or bulging, have it evaluated by a structural engineer immediately and restrict access to the area below the wall.
Legal Framework for Landscaping Contractor Claims
California CSLB Licensing Requirements
C-27 Landscaping Contractor: Required for landscaping work over $500 including planting, irrigation, and hardscape such as patios, walkways, and low retaining walls.
C-29 Masonry: May be required for retaining walls over 4 feet or significant masonry work.
B General Contractor: Required for retaining walls over 4 feet that require engineering.
C-10 Electrical: Required for low-voltage landscape lighting installation.
Under Business and Professions Code Section 7031, unlicensed contractors cannot recover payment and must return all compensation.
Warranty and Standards
Element
Typical Warranty
Industry Standard
Plants and trees
90 days to 1 year
Replacement of plants that die from installation defects
Irrigation systems
1-2 years
No leaks, proper coverage, functioning controller
Hardscape
1-5 years
Level surfaces, no premature cracking or settling
Retaining walls
5-10 years structural
No leaning, proper drainage, structural integrity
Drainage
Life of installation
Water flows away from structures per code
California Water Efficiency Requirements
Model Water Efficient Landscape Ordinance (MWELO): Requires efficient irrigation design for projects over 500 sq ft in new construction or 2,500 sq ft in renovations.
Local water district requirements: Many areas have additional drought-tolerant landscaping requirements.
Rebate program compliance: Work done under turf removal or irrigation rebate programs must meet specific requirements.
Failure to comply with water efficiency requirements may void rebates and violate building codes.
Implied Warranty: Even without a written warranty, California law implies that contractors will perform work in a good and workmanlike manner using materials fit for their intended purpose. Plants must be appropriate for the site conditions and properly installed.
Documentation Checklist
Contract Documents
Signed contract and design plans
Plant list with species and sizes
Irrigation design and specifications
Hardscape materials and specifications
Payment records and invoices
Warranty terms (written or implied)
Communication Records
Emails and texts with contractor
Notes from meetings and site visits
Warranty claim submissions
Contractor responses (or lack thereof)
Photos of work in progress
Defect Documentation
Drainage assessment: Hire a landscape architect or engineer to evaluate grading and drainage patterns, especially during or after rain.
Plant evaluation: Certified arborist or horticulturist assessment of dead or dying plants to determine cause of failure.
Irrigation audit: Professional evaluation of system coverage, pressure, and leak detection.
Hardscape inspection: Document settling, cracking, and installation defects with photos and measurements.
Structural evaluation: For retaining walls, have a structural engineer assess stability and construction quality.
Photo and Video Evidence
Dead plants with tags showing species and planting date if available
Water pooling during irrigation and after rain
Cracks, settling, and uneven surfaces in hardscape
Retaining wall movement, leaning, or cracking
Irrigation leaks and coverage problems
Comparison photos of "before" condition if available
Water Bills: Obtain water bills from before and after installation. Significant increases may indicate irrigation leaks. Calculate the excess water cost as part of your damages.
Letter Strategy
Core Legal Arguments
Breach of contract: The contractor failed to complete work according to plans and specifications or abandoned the project.
Breach of implied warranty: Work was not performed in a workmanlike manner; plants were not fit for their intended purpose.
Negligence: Contractor failed to exercise reasonable care in design, material selection, or installation.
Violation of express warranty: Written plant warranty or workmanship guarantee not honored.
Consumer protection violations: Misrepresentation of materials, timeline, or contractor qualifications.
Licensing violations: If contractor is unlicensed, contract is voidable and all payments recoverable.
Specific Demands
Plant replacement: Replace all dead or dying plants with equivalent species and sizes.
Drainage correction: Re-grade areas causing drainage problems; install French drains or other solutions as needed.
Irrigation repair: Locate and repair all leaks; adjust coverage and programming.
Hardscape remediation: Remove and replace cracked or settled hardscape with proper base preparation.
Retaining wall repair: Stabilize or reconstruct failing retaining walls per engineering specifications.
Water bill reimbursement: Compensate for excess water usage from leaks.
Alternative: Full refund: If defects are pervasive, return all payments and remove defective work.
Leverage Points
CSLB complaints can result in license suspension or revocation
Online reviews significantly impact landscaping contractors' referral-based business
HOA or city code enforcement for drainage violations affecting neighbors
Water district complaints for irrigation system waste
Mitigation Duty: You have a duty to mitigate damages. If plants are dying from lack of water due to irrigation failure, you should water them manually while pursuing your claim. Failure to mitigate may reduce your recovery.
Sample Landscaping Defect Demand Letter
[Date]
Via Certified Mail and Email
[Landscaping Company Name]
[Address]
[City, State ZIP]
Re: Demand for Repair - Defective Landscaping Installation
Property: [Your Address]
Contract Date: [Date]
Completion Date: [Date]
Contract Price: $[Amount]
Dear [Contractor]:
I represent [Homeowner Name] regarding the landscaping and hardscape work you performed at the above property. Professional evaluation has identified multiple defects requiring immediate remediation. This letter demands repair under your contractual warranty and California law.
CONTRACTED SCOPE
On [Date], you contracted to design and install comprehensive landscaping including:
1. Complete front and back yard planting with drought-tolerant species
2. Automatic drip and spray irrigation system with smart controller
3. Paver patio ([X] sq ft) with retaining wall seat wall
4. Grading and drainage improvements
5. Landscape lighting
The contract price was $[Amount], paid in full.
IDENTIFIED DEFECTS
Inspection by [Landscape Architect/Professional Name] on [Date] identified the following defects:
1. PLANT FAILURES: Approximately [X] of [X] plants installed are dead or dying, including [specific high-value plants]. The cause has been determined to be [improper species selection for sun/shade conditions / inadequate root ball preparation / insufficient irrigation coverage / other].
2. DRAINAGE DEFECT: The new grading directs surface water toward the home's foundation rather than away from it. During rain events, water pools against the foundation wall, creating moisture intrusion risk.
3. IRRIGATION LEAKS: Pressure testing revealed multiple leaks in the drip irrigation system, causing water loss of approximately [X] gallons per month. Additionally, [X] spray zones have inadequate coverage leaving dry spots.
4. PAVER SETTLEMENT: The paver patio has settled unevenly in multiple areas, creating trip hazards and water pooling. The base preparation was insufficient.
5. RETAINING WALL: The seat wall is leaning [X] degrees off plumb, indicating inadequate foundation or improper construction. [If applicable: No drainage was installed behind the wall.]
DAMAGES
These defects have caused:
- Loss of plants valued at approximately $[Amount]
- Excess water bills of approximately $[Amount] over [X] months
- Potential foundation damage if drainage not corrected
- Unusable patio due to settling
- Safety hazard from leaning wall
LEGAL VIOLATIONS
Your defective work constitutes:
- Breach of contract for failure to complete work per specifications
- Breach of the implied warranty of good and workmanlike performance
- Breach of express plant warranty (90-day replacement guarantee)
- [If applicable: Violation of B&P Code 7031 - CSLB records indicate [license issue]]
- Negligence in design, material selection, and installation
DEMANDS
Within twenty-one (21) days of this letter, you must:
1. Replace all dead and dying plants with equivalent species and sizes, properly installed;
2. Re-grade the affected areas to direct water away from the foundation per code requirements;
3. Locate and repair all irrigation leaks; adjust coverage to eliminate dry spots;
4. Remove and reinstall the paver patio with adequate compacted base material;
5. Stabilize or reconstruct the retaining wall to eliminate lean and add proper drainage;
6. Reimburse excess water costs of $[Amount];
7. Provide a one-year warranty on all repair work.
ALTERNATIVELY, if you cannot or will not perform proper repairs:
8. Refund the full contract price of $[Amount];
9. Pay the estimated cost of repairs by a replacement contractor: $[Amount];
10. Remove any work that cannot be salvaged.
If you fail to respond or remedy this matter, my client will file a complaint with the California Contractors State License Board, pursue all civil remedies including actual damages and treble damages under the Consumer Legal Remedies Act, and recover attorney fees.
Contact me immediately at [phone/email] to arrange site inspection and discuss resolution.
Sincerely,
[Attorney Name]
[Firm Name]
[Address]
[Phone]
[Email]
cc: California Contractors State License Board
This is a common defense. Counter with evidence that: (1) you followed watering instructions provided; (2) the irrigation system they installed was defective or had inadequate coverage; (3) professional evaluation shows the cause was improper installation (root ball issues, wrong species for location, etc.); or (4) you did water manually but the plants failed anyway due to installation defects.
Permits are typically required for: grading that changes drainage patterns, retaining walls over 30 inches high, electrical work for landscape lighting, plumbing connections for irrigation, and work under water district rebate programs. Check with your local building department. Unpermitted work may need to be removed or brought up to code.
Attorney Services & Contact
Landscaping Dispute Representation
I represent homeowners dealing with defective landscaping, hardscape failures, and contractor breach. Cases involving documented defects from qualified professionals and significant financial harm are strong candidates for recovery.
Email owner@terms.law or use Calendly for a paid strategy session.