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Demand Letter - Substandard/Substituted Roofing Materials
[Today's Date]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[Contractor Name]
[Contractor Address]
Re: DEMAND FOR DAMAGES - Substandard/Substituted Roofing Materials
Property: [Your Property Address]
Contract Date: [Contract Date]
License No.: [License Number]
Dear [Contractor Name]:
I am writing to formally demand compensation for your use of substandard and/or substituted roofing materials at my property located at [Your Property Address]. On or about [Contract Date], I entered into a written contract with you for roofing services in the amount of [Contract Amount], which specifically required the use of certain materials. I have paid [Amount Paid].
MATERIALS SPECIFIED IN CONTRACT: Our written agreement expressly specified the following materials:
[List the specific materials, brands, grades, and specifications required by the contract]
MATERIALS ACTUALLY USED: Upon inspection, I have discovered that you instead used the following inferior and/or non-conforming materials:
[List the actual materials discovered, noting inferior grade, different brand, lower quality, or missing items]
LEGAL BASIS FOR CLAIM: Your conduct violates the following California laws:
1. California Business & Professions Code Section 7109 - Departure from accepted trade standards for good and workmanlike construction, or departure from or disregard of plans or specifications in any material respect without consent, constitutes grounds for discipline and civil liability.

2. California Business & Professions Code Section 7110 - Willful or deliberate disregard and violation of building laws of the state, including material substitution that may not meet code requirements.

3. California Business & Professions Code Section 7160 - Willful departure from specifications constitutes a fraud upon the person damaged, entitling them to treble damages (three times actual damages).

4. California Civil Code Section 1770(a)(5) & (7) - The Consumer Legal Remedies Act prohibits representing that goods have characteristics or benefits they do not have, and representing that goods are of a particular standard, quality, or grade when they are not.

5. Breach of Contract - You failed to provide the materials expressly specified in our written agreement.
DAMAGES: As a direct result of your material substitution, I have suffered the following damages:
- Value of materials contracted for vs. materials installed: [Price Difference]
- Cost to remove inferior materials and install correct materials: [Replacement Cost]
- TOTAL DAMAGES: [Total Damages]
TREBLE DAMAGES NOTICE: Under B&P Code Section 7160, because your willful departure from contract specifications and material substitution constitutes fraud, I am entitled to recover THREE TIMES my actual damages. I reserve the right to seek treble damages if this matter proceeds to litigation.
DEMAND: I hereby demand that within [14] days of your receipt of this letter, you either:
Option A: Return to the property and replace ALL substandard/substituted materials with the exact materials specified in our contract, at no additional cost to me, with all work properly permitted and inspected; OR

Option B: Pay the total sum of [Total Damages] to compensate me for having the work properly completed by another licensed contractor.
NOTICE OF INTENT: If you fail to satisfactorily respond to this demand within the specified time, I intend to pursue all available remedies, which may include:
- Filing a complaint with the Contractors State License Board (CSLB)
- Filing a claim against your contractor's bond
- Filing suit seeking TREBLE DAMAGES under B&P Code Section 7160
- Filing a complaint with the District Attorney for contractor fraud
- Pursuing CLRA remedies including statutory damages
- Recovery of attorney's fees and costs
Please contact me immediately to discuss resolution of this matter. I expect your written response within [14] days.
Sincerely,



_________________________________
[Your Name]
[Your Address]
Enclosures:
- Copy of contract with material specifications highlighted
- Photographs of installed materials with labels/markings visible
- Copies of payment records
- Comparison documentation showing specified vs. installed materials
- Material supplier quotes/invoices if available
- CSLB license lookup printout

📋 Instructions

Before Sending This Letter

  • ✓ Document the material substitution - Take close-up photos of installed materials showing brand names, labels, model numbers, and any visible quality indicators
  • ✓ Review your contract carefully - Highlight all material specifications including brand names, model numbers, grades, and any quality standards mentioned
  • ✓ Get professional verification - Consider hiring a roofing inspector ($200-500) to document the materials installed and compare to specifications
  • ✓ Research material costs - Document the price difference between what you paid for (specified materials) and what was installed (inferior materials)
  • ✓ Get replacement estimates - Obtain written estimates from licensed contractors to remove inferior materials and install correct ones
  • ✓ Preserve any physical evidence - Save any product packaging, leftover materials, or cut-off pieces left at the job site

How to Prove Material Substitution

🔍 Evidence Collection Tips

  • Shingles: Look for brand names printed on the back, check wrapper/packaging left on-site
  • Underlayment: Check visible edges for brand markings, note if felt paper vs. synthetic
  • Flashing: Measure gauge thickness, note if aluminum vs. galvanized steel
  • Ventilation: Count units, measure dimensions, note brand and model
  • Fasteners: Check if proper roofing nails or cheaper staples were used

How to Send the Letter

⚠ Always Use Certified Mail

Send via USPS Certified Mail with Return Receipt Requested. This creates proof of delivery that is essential for treble damages claims, which require showing the contractor knowingly committed fraud.

  1. Print the letter on plain white paper
  2. Sign the letter in blue or black ink
  3. Make 2 copies - one for your records, one for potential CSLB/DA filing
  4. Attach copies of contract (highlight material specs), photos, and cost documentation
  5. Send via Certified Mail, Return Receipt Requested
  6. Save tracking number and green return receipt card

⚖ Legal Basis

Material substitution by contractors is taken very seriously under California law. When a contractor uses inferior materials instead of those specified in the contract, it may constitute fraud.

📚

B&P Code Section 7109 - Departure from Standards/Specifications

"Willful departure from or disregard of plans or specifications in any material respect, which is prejudicial to the person who hired the contractor, without consent" is grounds for discipline. Using different materials than specified is a classic 7109 violation.

💰

B&P Code Section 7160 - Treble Damages for Fraud

"Willful departure from accepted trade standards...or from plans or specifications without consent...constitutes a fraud upon the person damaged, who may recover THREE TIMES the amount of damages sustained by him/her." Material substitution is a textbook example.

⚖

Consumer Legal Remedies Act (Civil Code 1770)

Prohibits: (5) Representing that goods have characteristics or benefits they do not have; (7) Representing goods are of a particular standard, quality, or grade when they are not. CLRA allows for actual damages, statutory damages, and attorney's fees.

📝

Breach of Express Contract Terms

When your contract specifies particular materials by brand, model, or grade, the contractor is legally obligated to use those exact materials. Using substitutes without written consent is a material breach entitling you to damages.

🚨 Potential Criminal Liability

Depending on circumstances, intentional material substitution may also constitute:

  • Penal Code 532 - Theft by false pretenses
  • Penal Code 484 - Petty theft or grand theft
  • B&P 7117 - False advertising (if cheaper materials were used than advertised)

You may report suspected fraud to the District Attorney's office.

💡 Proving "Willful" Conduct

For treble damages under B&P 7160, you must show the contractor's conduct was "willful" - meaning intentional, not merely negligent. Strong evidence includes:

  • The contract clearly specified materials by brand/model
  • Significantly cheaper materials were used
  • No request for a change order or your consent
  • Contractor tried to conceal the substitution
  • Pattern of similar complaints against contractor

💰 Available Remedies

Material substitution cases can result in significant recovery because of enhanced damages available for fraudulent conduct.

Compensatory Damages

  • Price difference - The value difference between contracted materials and those actually installed
  • Replacement costs - Cost to tear off inferior materials and install correct ones
  • Reduced lifespan damages - If inferior materials have shorter warranty/lifespan
  • Related property damage - If substandard materials caused leaks or other damage
  • Inspection costs - Fees paid to professionals to document the substitution

Enhanced Damages

💰 Treble Damages (B&P 7160)

If the material substitution was willful, you may recover THREE TIMES your actual damages. This is one of the most powerful remedies in California contractor law.

Example: If your actual damages are $8,000, treble damages could be $24,000.

CLRA Remedies

Under the Consumer Legal Remedies Act:

  • Actual damages
  • Injunctive relief
  • Punitive damages (for willful conduct)
  • Attorney's fees and costs

Contractor's Bond ($25,000 minimum)

Material substitution is a strong basis for a bond claim:

  1. Get bond information from CSLB license lookup
  2. Send written claim to surety with evidence of substitution
  3. Include contract specs, photos of actual materials, cost documentation
  4. Surety has 30 days to investigate

CSLB Complaint

Material substitution is a serious license violation. CSLB can:

  • Investigate and document the violation
  • Issue citations with civil penalties
  • Suspend or revoke contractor's license
  • Refer to District Attorney for criminal prosecution

✔ Documentation Is Key

Material substitution cases depend heavily on documentation. The clearer your contract specifies materials and the better you document what was actually installed, the stronger your case for treble damages.

👥 When to Hire an Attorney

Handle Yourself If:

  • Actual damages are under $4,000 (treble = $12,000, Small Claims limit)
  • The material substitution is clear and well-documented
  • Your contract clearly specified the materials
  • You have photos and estimates supporting your claim
  • Contractor is cooperative and willing to negotiate

Hire an Attorney If:

  • Actual damages exceed $4,000 (treble damages would exceed Small Claims)
  • You want to pursue treble damages in Superior Court
  • Multiple substitutions or complex fraud scheme involved
  • CLRA claims are viable (may get attorney's fees if you win)
  • Contractor is disputing the substitution or your damages
  • The contractor has filed or threatened a mechanic's lien
  • Criminal fraud referral may be appropriate
  • Part of new construction subject to SB 800 requirements

💡 Attorney's Fees Note

CLRA provides for recovery of attorney's fees if you prevail. This makes it more feasible to hire an attorney even for moderate-sized cases, as the contractor may ultimately pay your legal costs.

Material Substitution Fraud?

Get a 30-minute strategy session to evaluate your treble damages claim and best path to recovery.

Book $125 Consultation →

🚀 Action Steps

1

Document Everything

Photograph all installed materials with brand names/labels visible. Get close-ups and wide shots. Save any packaging or leftover materials. Pull your contract and highlight all material specifications.

2

Research Material Values

Document the cost difference between specified and installed materials. Get supplier quotes, check manufacturer websites, or visit supply houses to establish the price differential.

3

Get Professional Verification

Consider hiring a roofing inspector or another licensed contractor to examine the work and provide a written report identifying the materials used. This adds credibility to your claim.

4

Obtain Replacement Estimates

Get 2-3 written estimates from licensed C-39 contractors for removing the inferior materials and installing the correct ones as originally specified.

5

Send Demand Letter

Complete the form above, print, sign, and send via Certified Mail with Return Receipt Requested. Include copies of your contract, photos, and estimates. Keep copies of everything.

6

Escalate If No Response

If contractor doesn't respond satisfactorily: (1) File CSLB complaint, (2) File bond claim with surety, (3) Consider Small Claims for single damages or Superior Court for treble damages, (4) Report to District Attorney if fraud is clear.

⚠ Preserve Evidence

Do not allow anyone to remove or cover up the substandard materials until you have thoroughly documented everything and consulted with professionals. If you must make emergency repairs (e.g., to stop a leak), document the existing condition first and save any removed materials.