Check your local code to see if it's required by law. Check the shingle manufacturer's installation instructions to see if they require it. Check to see it's not really there, "pretty sure" isn't good enough.

The answers to these questions determine your next move.

Not required by code or manufacturer. The ice and water shield is definately not there

joshuaace:

Then you've got a refund coming.

If you were there while they were doing the work and noticed that they weren't putting down the ice and water shield, why didn't you say anything?

I did. I told supervisor who was running between job sites but then I had to leave. Couldn't stay and watch them all day but that's why I went back and checked

First make sure the Ice & Water Shield is not under the felt paper. It makes no sense for a roofer to violate the contract in such an obvious way.

Ice dams will form on any roof slope if there are severe enough freeze-thaw cycles in the winter.

That is the factor that will determine whether to fix the error or ask for a refund. Don't worry about the contractor or his opinions.

Do you get a lot of snow? Do you get alternating cold and warm days? Do you see large icicles on roof eaves? Do you have gutters? If so, how far below the drip edge are they installed? How far does the roof eave extend beyond the exterior wall?

Renovator8:

I agree, but in my book "definately" means he's checked under the felt.

On one hand, I wouldn't want the guy who blatantly violated the contract doing any remediation, but on the other hand he does deserve an opportunity to make it right.

Definitely not there. You can see the wood under the felt. Yes we get a fair amount of snow and freeze thaw. He's wants to pull off the bottom several feet of shingles and out the I/w down. States that the normal site supervisor was off that day and since it's not standard practice here to put the i/w on all eaves they just missed that part.

If he pulls the shingles, installs it, and replaces the shingles, the contract has been met. He deserves a chance to make it right.

I had assumed that when the OP lifted the shingles only the drip edge might be visible so it might be necessary to ask the roofer what he did.

Unless the contract stated otherwise, the I&WS should extend from the drip edge to a point on the roof a horizontal distance of 2 ft inside the wall. For this roof that would be 2-7 of I&WS plus the sloped dimension of the wall and overhang. I don't know the overhang but I suspect a standard 3-0 width would be too short.