Roofing Contratista Dispute Letters

C-39 Roofing License and Why You Should Care

California's C-39 Roofing Contratista classification is one of the most common specialty licenses. Understanding what C-39 contratistas must do—and what they often fail to do—gives you powerful leverage in disputes.

What C-39 Contratistas Are Authorized to Do

Install, reparación, and maintain roofing systems (shingles, tile, metal, TPO, etc.)
Install underlayment, flashing, vents, and waterproofing
Roof tear-offs and re-roofs
Roof coatings and sealants
Skylights and roof penetrations
Gutters and downspouts (as incidental to roofing)

License Requirements:

4 años journeyman-level roofing experience
Pass technical and law/business exams
Workers' compensación seguro (required; strictly enforced by CSLB)
$15,000 contratista bond

Workers' Comp: The C-39 Enforcement Priority

The CSLB aggressively enforces workers' comp requirements for C-39 contratistas because roofing is inherently dangerous. If your contratista:

Did not have active workers' comp seguro during the job
Hired "independent contratistas" to avoid workers' comp (illegal empleado misclassification)
Let workers' comp lapse mid-job

...you have strong leverage. Contratistas operating without workers' comp face license suspension, fines, and cannot sue to collect payment.

Verify Workers' Comp Status: Before signing a contract (and in your carta de demanda if there's a dispute), check the contratista's workers' comp status at cslb.ca.gov. If they weren't insured during your job:

You may be personally responsable if a worker is injured (workers' comp responsabilidad shifts to property owner)
Contratista's contract may be void under B&P § 7125.2
You can demand rescisión and full reembolso

Written Contract Requirements

For roofing work over $500, California requires written contracts with all B&P § 7159 disclosures. Common roofing contract deficiencies:

No written contract: Especially common for "emergency reparaciones" after storms; illegal and voidable
Vague scope: "Replace roof" without specifying materials, manufacturer, garantía terms
No permit disclosure: Contratista should disclose if permits are required (they usually are for re-roofs)
Hidden garantía limitations: Contratista verbally promises "lifetime garantía" but contract says "1 año workmanship only"

Common Roof Installation and Flashing Defects

Leak Location → Likely Defecto Matrix

Where Leak Shows Up	Likely Problem	Evidencia to Gather
Around chimney	Step flashing, counter flashing, or cricket failure; improper sealant application	Photos of flashing install (if accessible), water stains on interior wall/ceiling, roofer inspección report, video during rainstorm
At eaves / soffits	Ice dam damage, inadequate drip edge, underlayment laps incorrect, insufficient eave protection	Photos of eave detail, sheathing water damage, climate data (freeze-thaw cycles), thermal imaging showing ice dam vulnerability
In valleys	Valley metal improperly lapped, debris accumulation, open valley without proper metal, weaving technique on incompatible shingles	Drone/ladder photos of valley install, debris photos, manufacturer installation guidelines showing contratista violated specs
At roof penetrations (vents, pipes)	Boot seals cracked/missing, improper flashing, no sealant, wrong boot type for climate	Photos of penetration flashing, attic photos showing water entry points, infrared showing moisture
Mid-roof (no penetrations)	Shingle defecto, improper nailing (overdriven, underdriven, wrong pattern), wind uplift from poor installation	Shingle samples showing defects, nailing pattern photos (if accessible), manufacturer inspección report, wind event data
Skylights	Flashing kit not used, improper installation, sealant failure, skylight not properly integrated with shingles	Skylight manufacturer installation instructions vs actual install, water stain photos, skylight inspección

The Flashing Problem: #1 Source of Leaks

Most roof leaks aren't caused by shingle failures—they're caused by improper flashing at roof transitions and penetrations. Critical flashing points:

Chimneys: Require step flashing (woven with shingles), counter flashing (embedded in mortar joints), and cricket (diverter above chimney to prevent debris/water accumulation)
Valleys: Open valleys require metal (aluminum, copper, or stainless) properly lapped and sealed; closed valleys must use compatible shingles
Walls: Where roof meets vertical wall, requires step flashing; many contratistas use only sealant (guaranteed failure)
Skylights/dormers: Require manufacturer's flashing kit; improvised flashing almost always leaks

Expert Evidencia: Hire an independent roofing inspector or engineer to document flashing defects. Their report should:

Identify specific code violacións (IRC Chapter 9, manufacturer specs)
Compare contratista's work to industry standards (NRCA guidelines)
Photograph defects with annotations
Estimate cost to correct defects

This report is gold in your carta de demanda.

Ventilation Issues

Inadequate roof ventilation causes:

Premature shingle failure (heat buildup)
Ice damming in cold climates
Attic moisture and mold
Voided manufacturer warranties (many require proper ventilation)

How to identify ventilation problems:

Calculate required ventilation: Building codes typically require 1 sq ft of vent per 150 sq ft of attic space (can be reduced to 1:300 with proper intake/exhaust balance)
Measure existing vents (ridge vents, soffit vents, gable vents) and calculate actual ventilation provided
If contratista installed fewer vents than required, this is a code violación and potential incumplimiento de contrato

Workmanship vs Manufacturer Warranties

Garantía Snapshot Table

Garantía Type	Who Provides	What It Covers	Typical Term	Limitations
Contratista Workmanship Garantía	Roofing contratista	Installation defects: leaks from improper flashing, nailing, underlayment, etc.	1-5 years (often only 1 año unless extended)	May exclude "Acts of God," owner modifications, lack of maintenance
Manufacturer Material Garantía	Shingle/material manufacturer	Defects in shingles: premature granule loss, cracking, delamination	20-50 years (but prorated after 10-15 years)	Requires registration, proper installation per specs, adequate ventilation; usually limited to cost of materials only (no labor)
Extended "System" Garantía (optional)	Manufacturer (via contratista)	Materials + labor for longer period if entire roof system (underlayment, shingles, accessories) is manufacturer's brand	Additional 10-25 years	Expensive upgrade; requires certified installer; strict cumplimiento with install specs

The 1-Year Workmanship Trap

Many roofing contracts include only a 1-year workmanship garantía, which is problematic because:

Leaks may not appear immediately (some defects take 1-2 años and multiple rain events to manifest)
Contratista can blame manufacturer after year 1, even if leak is from installation defecto
California has longer statutory periods for construction defects (1-4 años depending on defecto type)

Challenging Short Garantía Periods: Even if the contract says "1-year garantía," you may have longer rights under:

Implied garantía of habitabilidad/workmanship: Courts recognize that work should be free of defects for a reasonable period
Statutory construction defecto timelines: 1 año for fit/finish, 4 años for patent defects
incumplimiento de contrato: If roof leaks due to improper installation, contratista breached contract regardless of garantía expiration

In your carta de demanda, argue the 1-year garantía doesn't bar your reclamación for defectuoso workmanship within the statutory period.

Manufacturer Garantía Claims: Navigating the Blame Game

When you have a leak, contratistas often say "that's a manufacturer defecto, call them." But manufacturer warranties:

Cover only shingle defects (not installation issues)
Require proof of proper installation (which defectuoso contratistas can't provide)
Often pay only for materials, not labor to replace (labor is 60-70% of re-roof cost)
Are pro-rated after initial period (you get pennies on the dollar for 15-year-old shingles even if "30-year garantía")

Strategy: Go after BOTH if unclear who's at fault:

"I am holding you, the installing contratista, responsible for this leak. Whether it's caused by your improper installation or by defectuoso shingles, you warranted a watertight roof. If you believe the manufacturer is at fault, pursue them for indemnification or contribution—but you must make my roof right."

Sample Roofing Contratista Cartas de Demanda

Sample 1: Roof Leak After First Rain – Installation Defecto

[Your Name] [Your Address] [City, State ZIP] [Email] [Phone] [Date] [Contratista Name / Company] CSLB License #: [C-39 LICENSE NUMBER] [Address] RE: Demand for Immediate Reparación of Defectuoso Roof Installation Contract Date: [DATE] Property: [YOUR ADDRESS] Total Paid: $[AMOUNT] Dear [Contratista Name]: I demand immediate reparación of the defectuoso roof installation you performed, which has caused significant water damage to my home. BACKGROUND On [DATE], I hired you to replace my roof under written contract (Exhibit A). Scope: complete tear-off and re-roof with [BRAND/TYPE] shingles, new underlayment, flashing, and vents. Total price: $[AMOUNT], paid in full on [COMPLETION DATE]. Work completed [DATE]. On [DATE]—the first significant rain after your installation—my roof leaked in multiple locations, causing water damage to ceilings, walls, and contents. DEFECTIVE INSTALLATION I hired an independent roofing inspector, [COMPANY/INSPECTOR NAME], to assess the leaks. Their report (Exhibit B) identifies the following installation defects: 1. **Chimney Flashing Failure:** You failed to install proper step flashing and counter flashing at the chimney. You used only roofing cement (which has failed), violating manufacturer specifications and IRC Section R903.2. This is the source of the [LOCATION] leak. 2. **Valley Improperly Installed:** The valley on the [north/south] side has no metal lining. You attempted a "closed valley" without properly weaving shingles, resulting in water channeling under shingles. IRC requires open valleys to have metal; closed valleys require specific weaving technique. You did neither correctly. 3. **Inadequate Underlayment at Eaves:** You failed to install ice/water shield at eaves per IRC Section R905.2.7.1 and manufacturer specs. This caused the [LOCATION] leak during our first freeze. 4. **Improper Nail Placement:** Inspector found numerous shingles with high nailing (nails above seal strip), causing wind uplift and water intrusion. Manufacturer specs require nails in specific zone; your crew ignored this. 5. **No Drip Edge:** You failed to install drip edge at eaves and rakes, allowing water to run behind fascia. IRC Section R905.2.8.5 requires drip edge. The inspector states: "Multiple installation defects inconsistent with manufacturer specifications, building code, and industry standards. Roof requires substantial corrective work." RESULTING DAMAGES Water intrusion has caused: - Ceiling water stains and damage in [ROOMS]: $[AMOUNT] to reparación (Exhibit C: Contratista estimate) - Wall damage and paint: $[AMOUNT] - Damaged contents (furniture, electronics): $[AMOUNT] (Exhibit D: Receipts/photos) - Potential mold growth (currently monitoring) **Total water damage: $[TOTAL DAMAGES]** YOUR incumplimiento de contrato You breached the contract by failing to install the roof in a workmanlike manner consistent with: - Manufacturer installation instructions (Exhibit E: Manufacturer specs you violated) - International Residential Code Chapter 9 - Industry standards (NRCA Roofing Manual) You delivered a defectuoso, leaking roof instead of the watertight roof I paid for. DEMANDA I demand that you, dentro de 15 días: 1. Remove and reinstall ALL defectuoso flashing (chimney, valleys, walls, penetrations) per code and manufacturer specs 2. Install proper underlayment, ice/water shield, and drip edge where missing 3. Replace all improperly nailed shingles 4. Pass building inspección (obtain roof permit if not already done) 5. Provide written 5-year workmanship garantía on corrected work 6. Pay for all water damage reparaciones: $[DAMAGES TOTAL] **If you refuse to perform corrections, I demand full reembolso of $[AMOUNT PAID] plus water damage costs $[DAMAGES] = $[TOTAL REFUND DEMANDA].** LEGAL CONSEQUENCES If you do not respond dentro de 15 días: 1. I will file CSLB demanda for substandard work, code violacións, and failure to correct defects 2. I will hire another C-39 contratista to correct your defects and sue you for the cost 3. I will pursue litigio for incumplimiento de contrato, negligencia, and fraude 4. I will seek daños including cost of correction, water damage, diminished property value, and abogado's fees 5. I will record a lis pendens against your $15,000 contratista bond and pursue personal judgment This is a defectuoso installation that has damaged my home. Fix it immediately or face full legal consequences. Please contact me at [PHONE] or [EMAIL] dentro de 15 días. Atentamente, [Your Signature] [Your Printed Name] Anexos: Exhibit A: Contract Exhibit B: Independent Roofing Inspección Report Exhibit C: Water Damage Reparación Estimate Exhibit D: Damaged Contents Receipts/Photos Exhibit E: Manufacturer Installation Specifications

Sample 2: Garantía Denegación – Contratista Blames Propietario

[Your Name] [Your Address] [City, State ZIP] [Email] [Phone] [Date] [Contratista Name / Company] CSLB License #: [C-39 LICENSE NUMBER] [Address] RE: Demand for Garantía Reparación – Rejection of Baseless Garantía Denegación Contract Date: [DATE] Garantía Period: [X] Years from [COMPLETION DATE] Dear [Contratista Name]: I demand that you honor your [X]-year workmanship garantía and reparación the roof leak, and I reject your baseless attempt to void the garantía. FACTS Your company installed a new roof on [COMPLETION DATE] under contract (Exhibit A) that included a [X]-year workmanship garantía stating: "Contratista warrants all workmanship and installation for [X] years. Contratista will reparación any leaks resulting from improper installation at no charge to owner during garantía period." The roof is now leaking at [LOCATION(S)]. I notified you on [DATE] and requested garantía service. You sent [TECH NAME] to inspect on [DATE]. Rather than honor your garantía, you sent a letter dated [DATE] denying the garantía reclamación, alleging: 1. I "made unauthorized modifications" (satellite dish installation) 2. I "failed to maintain the roof" (didn't clean gutters) 3. "Damage was caused by storm, not installation defecto" All three reasons are false and pretextual. YOUR WARRANTY DENIAL IS BASELESS **1. Satellite Dish Did Not Void Garantía** I had a satellite dish installed by [COMPANY] on [DATE], more than [X] months after your roof install. The dish was mounted using a non-penetrating mount that rests on the roof surface—no holes, no fasteners penetrating the roof. The leak is at the [CHIMNEY/VALLEY], which is [X FEET] away from the satellite dish location. There is no causal connection between the dish and the leak. Your garantía contains no provision requiring me to obtain your permission before installing non-penetrating roof-mounted equipment. Even if it did, the dish installation did not cause this leak. **2. Gutter Cleaning Is Irrelevant to This Leak** You reclamación I "failed to maintain the roof" because my gutters had some debris. This is absurd: - The leak is at the [CHIMNEY/VALLEY], not at the gutters or eaves - Gutters with debris do not cause mid-roof leaks at flashing - Your garantía does not require gutter cleaning as a condition of coverage - I have in fact cleaned my gutters regularly (receipts attached, Exhibit B) This is a red herring to avoid honoring your garantía. **3. Storm Did Not Cause the Leak—Your Defectuoso Installation Did** You reclamación "storm damage" caused the leak. False. The leak appeared after a [DESCRIPTION: moderate rainstorm with 1.5 inches of rain]. A properly installed roof should easily withstand normal rain. If your roof leaks from routine weather, it's defectuoso. Además, I have obtained an independent roofing inspección (Exhibit C) which concludes: "The leak at the [LOCATION] is caused by improper flashing installation. [SPECIFIC DEFECT: No step flashing behind shingles, reliance on sealant only]. This is an installation defecto, not storm damage. A competent roofer would have installed proper metal flashing per code." **This is exactly what your garantía covers: leaks from improper installation.** CALIFORNIA LAW DOES NOT ALLOW YOU TO AVOID WARRANTIES WITH PRETEXTUAL EXCUSES Your garantía is a contractual promise. You cannot void it by manufacturing baseless excuses. California law requires you to act in buena fe. Denying a garantía reclamación for a clear installation defecto by blaming a satellite dish 20 feet away or "dirty gutters" is mala fe. If you believe my actions voided the garantía, you must prove: 1. I violated a specific, clearly-stated garantía condition, AND 2. My actions actually caused the defecto You can prove neither. DEMANDA I demand that you, dentro de 14 días: 1. Withdraw your garantía denegación 2. Reparación the leak by installing proper flashing per code and manufacturer specs 3. Reparación interior water damage caused by the leak: $[AMOUNT] (Exhibit D: Reparación estimate) 4. Confirm in writing that the garantía remains in full effect If you continue to refuse garantía service, I will: 1. Hire another contratista to reparación your defectuoso work and sue you for the cost 2. File a CSLB demanda for failure to honor garantía obligations 3. Pursue litigio for incumplimiento de contrato, breach of garantía, and mala fe 4. Seek daños including cost of reparación, water damage, consequential daños, and abogado's fees You gave a garantía. Honor it. Do not waste my time with excuses. Please contact me at [PHONE] or [EMAIL] dentro de 14 días. Atentamente, [Your Signature] [Your Printed Name] Anexos: Exhibit A: Contract with Garantía Provision Exhibit B: Gutter Cleaning Receipts (showing regular maintenance) Exhibit C: Independent Roofing Inspección Report Exhibit D: Interior Water Damage Reparación Estimate

Storm Damage, Seguro, and Contratista Disputes

The Storm Damage vs Installation Defecto Debate

A common dispute: roof leaks after a storm, and the contratista claims "storm damage" (not their fault), while you believe the storm merely exposed the contratista's defectuoso installation.

Key distinction:

Storm damage: Storm was so severe it would have damaged even a properly installed roof (fallen tree, hail, hurricane-force winds)
Installation defecto exposed by storm: Normal storm (routine rain, moderate winds) caused leaks that wouldn't have occurred if roof was properly installed

Rule of Thumb: If neighboring homes with similar roofs didn't leak during the same storm, your leak is likely due to defectuoso installation, not "storm damage." Use this in your carta de demanda: "My neighbor's home, with a roof of similar age and materials, did not leak during the same storm."

Seguro Claims and Contratista Involvement

When storm damage is involved, you may have both a propietarios seguro reclamación AND a contratista responsabilidad reclamación:

If storm caused damage to a properly installed roof: Propietarios seguro reclamación for storm damage
If storm exposed contratista's defects: Contratista responsable for reparaciones, not seguro
If both contributed: Seguro may pay for storm damage portion; contratista pays for defecto portion; or seguro pays and subrogate against contratista

Beware of contratista/seguro collusion: Some contratistas partner with public adjusters or seguro agents to drum up "storm damage" claims, even when no significant damage occurred. They push you to file an seguro reclamación, then inflate the reclamación to maximize their payout. This can result in seguro fraude charges or policy cancellation. Only file seguro claims for legitimate storm damage.

Post-Storm "Emergency Reparación" Scams

After major storms, unscrupulous contratistas knock on doors offering "free inspeccións" and "emergency reparaciones." Red flags:

Pressure to sign immediately ("I'm only in your area today")
Requires you to sign over seguro proceeds
Demandas large down payment before seguro reclamación is approved
No written contract or vague contract
Out-of-state contratista with no local presence or license

California Law Protects You: Even for "emergency reparaciones," you have a 3-day right to cancel home improvement contracts signed at your home. If a storm-chaser pressures you into signing, you can rescind dentro de 3 días by sending aviso por escrito of cancellation.

Servicios de Abogado for Roofing Contratista Disputes

Roofing disputes can involve substantial daños, especially when leaks cause interior water damage or require complete roof replacement. I help propietarios hold contratistas accountable for defectuoso installations.

Why Hire an Abogado

Roof replacement costs $10k-$30k+; water damage can add $10k-$50k
Technical complexity: Requires expert roofing inspectors to document code violacións and installation defects
Manufacturer vs contratista blame-shifting: I coordinate claims against both when responsabilidad is unclear
Seguro coordination: I work with propietarios seguro claims and subrogation
Contratista bond recuperación: I pursue the $15,000 bond and personal assets if contratista is unresponsive

My Approach

Roof inspección with certified inspector: Document defects, code violacións, and water damage
Permit/license verification: Confirm contratista had proper license and workers' comp during job
Manufacturer coordination: If shingle defecto is possible, I coordinate manufacturer inspección
Pre-litigio demand: Detailed letter with inspección report, photos, reparación estimates
CSLB demanda: File for leverage, especially for workers' comp or licensing violacións
Litigio: Sue for incumplimiento de contrato, breach of garantía, negligencia; seek cost of correction or rescisión

Enviar su caso for Review

If your roof is leaking after a recent installation, your contratista is ignoring garantía claims, or you're facing water damage from defectuoso work, I can help. Enviar me your contract, photos, and any inspección reports for a case review.

📝 Cree Su Carta de Demanda

Genere una carta de demanda profesional, demanda ante tribunal de CA o demanda de arbitraje

Serving California propietarios. Contingency fees available. I fight for full reparación or replacement, not excuses.

Additional Recursos

CSLB License Lookup: cslb.ca.gov
File CSLB Demanda: cslb.ca.gov/demandas
IRC Roofing Standards: International Residential Code Chapter 9 (available at local library or ICC website)