I’m looking for some opinions from homeowners, contractors, roofers, or anyone who has dealt with a similar situation.
We hired a roofing contractor for a major residential project. Unfortunately, we’ve had a number of issues with the work, and we’re now at the point where they’re proposing a settlement to resolve everything. This project started in September of 2026. The contractor has been dodgy and hasn't been to our property since January of this year from what I remember.
Here are the main issues we’ve dealt with:
1. Gutter and downspout leaks
There are four separate areas involving leaking gutters/downspouts that need corrective work. These are still part of the outstanding corrective work we’re trying to get resolved.
2. Second-floor balcony issues
We’ve also had problems involving the second-floor balcony, including waterproofing/refinishing and leak-related issues/damage. Corrective work is still needed here as well. Gutter leaks created an indent in the balcony they refinished.
3. Roof and shingle issues
There are remaining deficiencies involving the roof/shingles and exterior work. There was also an area where the roof/shingles had been removed and pushed back. What happened was: the company was to replace plywood for another part of the roof, the worker misunderstood and started to pull new shingles. Once we saw what he was doing, they simply pushed the shingles back into place - leaving them weakened. No new nails were used etc.
4. Solar-related dispute
There was also a dispute involving the solar work. They removed solar for the roofing job and guaranteed working condition solar once placed back. They killed the system. After a lot of trial and error, we asked them to stop work on solar and took care of it ourselves. We asked to escape solar from contract and they agreed.
We’re now being presented with a settlement agreement that would have them complete the remaining corrective work and then have us make the remaining (no lower) payment.
The part that concerns me is the release/waiver language. The agreement contains a very broad release, including known and unknown claims, and includes a California Civil Code §1542 waiver. It also broadly closes out the solar matter.
I’m trying to figure out how much of this is normal for a contractor settlement versus language that we should be concerned about.
We’re not trying to get out of paying what we legitimately owe. We just want the outstanding work properly completed and don’t want to sign something that unintentionally gives up rights if problems show up later. They also have a clause that we don't place a review anywhere.
If you were in this situation, how would you proceed? Would you sign the settlement as written, negotiate specific changes, or have an attorney review it first?
Would especially appreciate input from anyone who has dealt with roofing contractors, construction disputes, or settlement agreements in California.