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Public-record case study

Whole Foods Breckinridge Crossing GA: utility double-billing case study

A public-record retail CAM case study showing $25,700 in utility double-billing: electricity and gas billed in CAM despite tenant's direct-pay lease obligation.

Whole Foods Market Services Inc2021 statementNNN leaseRetail

Apparent overcharge

$25,700

Findings

2

High confidence

$25,700

Source

Gwinnett County GA Superior Court, Case #22-A-09841-3
Electricity (Common and Tenant Areas) billed at $18,500.
Natural Gas billed at $7,200.
Both are double-bills given the direct-pay obligation.

What happened

Whole Foods' lease at Breckinridge Crossing requires the tenant to pay electricity and natural gas directly to utility providers, explicitly excluding these costs from CAM. The 2021 reconciliation billed $18,500 in electricity and $7,200 in natural gas regardless, a $25,700 double-billing that formed the basis of the 2022 Gwinnett County Superior Court suit.

Findings from the pipeline

Rule 11: Utility Overcharge

medium confidence

$18,500

Utility item 'Electricity (Common and Tenant Areas)' appears in CAM but lease requires tenant to pay electricity directly. Double-billing detected.

Lease evidence

Tenant shall pay directly to the applicable utility companies all charges for electricity, natural gas, and water/sewer. Such utility costs shall not be included in Operating Expenses. Section 7.2.

Section 7.2, page 9

Math proof

item_confidence=0.92, weight=1.0, score=0.782, direct_pay_provisions=set

Statement references

  • Electricity: Common & Tenant Areas

Rule 11: Utility Overcharge

medium confidence

$7,200

Utility item 'Natural Gas' appears in CAM but lease requires tenant to pay gas directly. Double-billing detected.

Lease evidence

Tenant shall pay directly to the applicable utility companies all charges for electricity, natural gas, and water/sewer. Such utility costs shall not be included in Operating Expenses. Section 7.2.

Section 7.2, page 9

Math proof

item_confidence=0.90, weight=1.0, score=0.765, direct_pay_provisions=set

Statement references

  • Natural Gas

Lease evidence

  • Tenant pays electricity, gas, and water/sewer directly to utilities (Section 7.2).
  • Such costs explicitly excluded from Operating Expenses.

Why this matters for your firm

Utility double-billing is one of the most actionable CAM overcharges because the evidence is clear: either the lease says the tenant pays directly or it does not. Cross-referencing utility payment records with the CAM statement exposes the overlap immediately.

Correction package excerpt

Request for Cooperative Review of Certain Line Items. The automated review flagged $25,700 in utility charges billed in CAM despite Tenant's direct-pay obligation under Section 7.2.

Detection guide

Utility double-billing guide

Frequently Asked Questions

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Public-record note

This page summarizes public-record documents and CAMAudit output for educational and marketing purposes. It does not imply endorsement by Whole Foods Market Services Inc or any third party. Readers should review the underlying lease, statement, and dispute timeline for their own facts.

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Recovery of past CAM overcharges depends on your specific lease terms, including any audit rights deadlines or ‘binding and conclusive’ provisions, and on applicable state law.

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