Jayson Elliott
Jayson Elliott, Esq.Bay Legal PC · Palo Alto, CA
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California Construction Law

My Contractor Won't Come Back to Fix Problems — What Are My Rights?

A contractor who refuses to honor their warranty or correct defective work has breached your contract. Here is what you can do to force the issue.

Legal Information — Not Legal Advice: This page provides general information about California law. Consult a licensed attorney for advice about your specific situation.

Your Warranty Rights Under California Law

California law provides multiple warranty protections for homeowners even if your contract says nothing about warranties. All California contractors impliedly warrant that their work will be performed in a skillful and workmanlike manner. A contractor who refuses to honor these warranties has breached the contract and may be liable for your repair costs and consequential damages.

Step 1 — Document the Defects Thoroughly

Photograph every defect. Get an independent inspection from a licensed professional in the relevant trade. A written report from an independent inspector stating the work fails to meet professional standards is your most powerful tool.

Step 2 — Send a Written Warranty Demand

Send the contractor a formal written demand via certified mail and email, specifically invoking your warranty rights and demanding repair within a specific timeframe (14–21 days is typical). See our demand letter guide.

Step 3 — File a CSLB Complaint

File a CSLB complaint simultaneously with your demand letter. The CSLB treats warranty refusals as a disciplinary matter and can require the contractor to participate in mediation or binding arbitration.

Step 4 — Hire a Replacement and Document the Costs

If the contractor fails to respond within your deadline, hire a licensed replacement contractor to fix the defects. Get written bids, keep all invoices, and document the work. These costs become your damages in a subsequent lawsuit.

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