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I had someone bill me for 8450 square yards of soil cement.

Customer Question
I had someone bill...

I had someone bill me for 8450 square yards of soil cement. He paid his subcontractor for 8217 square yards of soil cement. The subcontractor had billed him for 8350 square. So he lowered his and raised mine. Is this illegal?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

South Carolina

Lawyer's Assistant: Has anything been filed or reported?

No, It is time to pay retention and I want to short pay, but I don't know if legally I can.

Submitted: 6 months ago.Category: Legal
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Answered in 3 minutes by:
12/28/2017
Lawyer: Law Educator, Esq., Attorney replied 6 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,929
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

It would be fraud for them to bill you for more soil than you received. So, if you did not receive 8450 of soil cement and he billed you for that amount, then he has committed fraud and you can try to file a criminal report for theft by fraud, but the police are likely to call this a civil matter and tell you to sue in civil court for the difference in money.

As far as what he paid, he is entitled to make a profit on what he paid for the soil cement, so he can mark it up and charge you more money, but he cannot charge you for more soil than you received, that would be the fraud.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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