Expert Advice When You Need It Most

A Local Concrete Co Shorting Trucks

Asked over 3 years ago - Jacksonville, FL

Lawsuits

We had a local Mom & Pop concrete company steal about a yard per truck and did not notice until after we used 802 trucks. We have a message from an employee saying that we will get them and a statement from an asst dispatcher saying they were shorting the trucks and an old customer saying that is why he doesn't use them anymore. Our attorney we paid a $5000 retainer to says this is not enough evidence to file a lawsuit against the company. They refuse to produce batch tickets for jobs we are now sure we were shorted. They may have DOT and Navy contracts. Is there anything we can do?????

Flag

Save

Share with:

Attorney answers (2)

Joshua M King

Answered over 3 years ago. Communications / Media Law Attorney in Seattle, WA.

Flag

Thanks for using Avvo. I am Josh King and I am the General Counsel for Avvo. Because we are receiving so many questions right now, it may take longer for some of our loyal Avvo lawyers to get back to you. In the meantime, I wanted to offer some preliminary help. Please keep in mind that I am not a FL lawyer, and to get a definitive answer on this you should consult a top Avvo-rated lawyer in your area.

Your attorney is probably right that what you've described here is insufficient evidence that you've been shorted, particularly if you are alleging fraud. However, if you've used 802 trucks, is there a way you can line up what you should have had (via architectural or construction records) against how many trucks it actually took? For example, if a project should have taken 20 trucks and it actually took 22, and this pattern occured repeatedly over multiple jobs, this is additional evidence.

In any event, you should be able to put together a demand letter and start talking with them about a resolution.

Mark as good answer

Add comment

Will Murphy

Reputation Level 13

Answered about 3 years ago. Lawsuit / Dispute Attorney in Hollywood, FL.

Flag

I agree with Avvo's response.

I would want to know how the other former customer knows they were being shorted. Also, how the former employee knows that and what evidence of it he or she knows of.

If you do pursue it, you will naturally do some discovery and you may find evidence that supports (or undercuts) your position. Once you make a demand, you may learn more.

I am not sure what you paid $5000 for if no suit was filed. I am not saying it was not reasonable, perhaps extensive research was done, some negotiations, etc.

Mark as good answer

1 person marked this answer as good

Add comment