Roofing Contractor Failed to Get Required Inspection, Do I Need to Pay for this Work?

Question

I hired a roofing contractor that skipped having a required tear-off inspection prior to installing new roofing materials.  Dry rot was found on the roof plywood.  He has now filed a mechanics lien so as to be paid for his non-inspected work.  We are at impasse.  A final inspection cannot be approved until the roof plywood is inspected which means the new roof has to be removed.  Under California law, what statutes/codes do not allow him to be paid and to release his mechanics lien?   Thank you.

James L. Arrasmith · Answer

Under California law, your roofing contractor's failure to obtain required inspections may constitute a material breach of both the contract and building codes, potentially invalidating their right to full payment. California Business and Professions Code § 7090 allows the Contractors State License Board to take action against contractors who willfully disregard building codes and inspection requirements. 
 
You can challenge the mechanics lien based on California Civil Code § 8422, which requires the work to be performed properly and in accordance with the contract terms to be valid. The contractor's bypass of mandatory inspections likely violated local building codes and your contract's implied warranty of workmanship. Document all communication about the missed inspection and gather evidence of the building department's requirements. 
 
Consider filing a complaint with the Contractors State License Board and requesting mediation through their dispute resolution program. You may also want to consult with an attorney about filing a petition to remove the mechanics lien under Civil Code § 8480, as the contractor's failure to meet inspection requirements could make the lien unenforceable. The contractor may be responsible for the costs of removing and replacing the roof to allow for proper inspection.

Q: Roofing Contractor Failed to Get Required Inspection, Do I Need to Pay for this Work?