Expert: Dick Rogers - 12/7/2006

Question
Mr. Rogers:
Not sure if this is exactly your field of expertise, but with your extensive background maybe you can give me some info.
We had a landscaper install some sod last year.  (Turns out he was big-time crook...promised a lot of things he didn't deliver.)  
He billed us for 16,000 square feet of sod...charging us both for the sod itself and for the labor to install it.  
I paid a surveyor to come and measure the yard, and it turns out that there is only 11,500 square feet of sod installed.  Other reputable landscapers tell me that...when installing sod...you always allow from 5 to 7 percent "overage".  (If you need to install 10,000 square feet, for example, you should buy 10,700 square feet, using the 7% figure.)  They also told us that...if he only installed 11,500 square feet, and charged us for 16,000....he's ripping us off.
My question...
Exactly what crime would that be?  Some sort of theft, I would imagine.  Maybe some type of fraud, too?
This is in Alabama, but I rather suspect that most state laws on this are pretty similar.
Any info you can share is greatly appreciated.
Warm regards, and Happy Holidays!
David Gardner

Answer
David, when you are dealing with contractors, landscapers, etc. you are always at risk.  There are a few remedies.  You can contact the person and specify what amount you feel is in question and strongly suggest that he remit that amount and give him a deadline.  Also indicate that you will take him to small claims court (the amounts you can recover in these courts are now quite substantial... also find out if he has a contractor/landscaping license (many states require them).  If he does, threaten him with compliants to the organizaiton controlling them and also, check into your local ordinances to find out if you have a remedey there.  Your local district attorney may be able to help you to see if a law was violated.  Also, examine any paper work you signed with this person...perhaps you could show this to either law enforcement involving consumer crimes or the DA's office for similar questions.  Hope this helps.  Good luck and always ask for referrals when hiring contractors or landscapers.