What to do if I hired a contractor to do a pavement job but now I’m being overcharged?

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What to do if I hired a contractor to do a pavement job but now I’m being overcharged?

During the construction, my neighbor also invited this contractor to pave their driveway. Now both my neighbor and my job are done. I checked with the material supplier and found that the contractor had not paid for any material he ordered for both jobs, and I also found that the contractor used my address and my job account to order the material for my neighbor’s job. Now, the unpaid material balance for both jobs is more than the balance I owe the contractor. The material supplier said that it was my responsibility to pay for the whole amount of the balance for both my job and my neighbor’s job before he could issue me release, since the contractor ordered all material under my project account.

Asked on August 9, 2013 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the contractor will not voluntarily correct  this situation, sue him for breach of contract (violating what you had agreed to with him), fraud (lying about what he would do), and/or conversion (a form of theft--using your address and job account number to order material for another. You can sue for any losses, or amounts you have to pay or are overcharged.


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