Originally posted by: Conky
How hard is it to put up a fence by yourself? Seriously.
Anyway, your pics don't show that it's a bad fence but rather that you are a bad photographer perhaps in search of a free fence, lol.
Originally posted by: jackace
As stated above. Make sure you get 2-3 estimates from other contractors in your area to fix the fence before going to court. Make sure you have all your documentation ready. A video is a good option along with the pictures. Small claims court is a good option because it will keep lawyers out of the mix and allow the judge to talk with the contractor in person and the contractor will have to explain his actions in person to the judge.
Originally posted by: SlickSnake
Ok, the most important point I think in your lawsuit or claims situation is this: a wooden backyard fence is typically built for privacy, not as a mere landscaping addition, like typically a short wood fence would be when built around the front yard. Since its obvious you have a yard surrounded by other houses that are unfenced, the only possible conclusion is the fence was intended as a 6 foot wooden privacy fence. Otherwise, if privacy were not a concern, you would have simply had a cheaper 4 foot chain link fence built around the backyard instead.
If, however, a judge chooses to ignore these obvious facts about wood fence heights and privacy, and instead focuses simply on the quality of the fence, such as not even bothering to add a latch to the double gate to keep it closed and undamaged in a wind and all the obviously warped wooden pieces, you may be looking at a situation where he simply orders the contractor to fix the damages. So you need to get that repair option out of the way before you go to court, so you dont have to return to court again later if he fails to repair it properly.
A few possible solutions to fix this, should you get stuck with it, would be to add a lattice along the top of the fence to bring it to the proper height. Once you get some nice vines growing along it, you might turn lemons into lemonade in a few years. A more difficult solution would be to raise the fence up a bit and replace some of the posts with longer ones (like at the corners) and add either a heavy lattice or some long, wide runner boards going between the posts along the bottom. These might also be considered fixes for the contractor in court if you are forced to keep it and he is forced to repair it. It is good to go to court knowing what you might settle for before you have to suddenly think about those options when faced with them in court.
Unfortunately, some contractors are not very competent and this happens more often than it should. I have my own fence horror story with a 100 foot long 8 foot fence falling over in 10 different directions right after being built after it was shorted on the length of the posts. The guy worked for Sears as a contractor, and I complained about the build immediately after he finished it, when I saw it leaning all over the place. I had him leave me all the posts he cut off, and most were a foot and a half long (meaning 6 inches in the ground). He also built about 100 feet of 6 foot fence, but because it wasnt falling over immediately, the Sears claims adjuster would only refund half the fence build. The contractor had to remove the other 8 foot half, and I rebuilt it myself. I used 3 2x4s inside the 10 foot posts I sunk 2 feet in concrete. I sided the pickets on the outside of the fence. Even the garbage truck when it hit the fence did not knock it down!
Good luck on this! Keep us posted on the outcome!
Originally posted by: Fritzo
Originally posted by: TripleAAA
Originally posted by: Fritzo
It looks to me like he didn't inspect his materials before building, or he got a deal on some "seconds" at his supplier. Pretty sloppy job.
I recall him at one point prior to building the fence saying that he had bought a large amount of cedar before the prices went up. Also one of the other contractors said he used a "grade 2" wood.
OK, that means they're going to use all that wood at Home Depot that people put aside because it's warped, chiped, has huge knotholes, etc.
Originally posted by: Beau
Originally posted by: cscpianoman
Is it just me or is the posts, etc. untreated wood?
Cedar posts last longer and are more eco-friendly than chem posts.
Originally posted by: MikeyIs4Dcats
Originally posted by: Beau
Originally posted by: cscpianoman
Is it just me or is the posts, etc. untreated wood?
Cedar posts last longer and are more eco-friendly than chem posts.
not necessarily true. Old growth cedar was better at this, but today's cedar is much more sausceptible to rot. Cedar is weaher resistant and insect resistant, but I'd recommend pressure treated for anything buried.
Originally posted by: radioouman
I didn't think that it was too bad.
Originally posted by: MikeyIs4Dcats
Originally posted by: TripleAAA
Originally posted by: MikeyIs4Dcats
Originally posted by: TripleAAA
Originally posted by: AccruedExpenditure
Did the contract you signed with the contract stipulate the fence he made would be straight and not jagged. =)
The contract stipulated everything I had originally requested. He then "edited" the original bid form by adding a small note at the bottom claiming I had called him to request the height of the fence be "shortened" which is absolutely false.
The bill he sent me, the city permit, etc all dictate the correct height which is a foot taller than what he built.
so you don't have your own copy of the original signed contract and the attached bid?
The bid/contract are one piece of paper and I don't have a copy because I had to mail it in to him. In hindsight, I obviously wish I had made a copy prior to sending it to him. As I mentioned before he even sent me the bill which dictates the correct height. This guy is a serious piece of work, don't ya think? :disgust:
sorry bud, but a bid is not a contract. you made a major error in not requiring a written contract and keepin g a copy of the paperwork.
it is your word against his, and you may prevail in small claims court if the quality of the work is terrible, but don't expect to rely on the height issue.
Originally posted by: DainBramaged
lmao...holy crap...i can't believe how bad it is
Originally posted by: Beau
Originally posted by: cscpianoman
Is it just me or is the posts, etc. untreated wood?
Cedar posts last longer and are more eco-friendly than chem posts.
Originally posted by: cscpianoman
Originally posted by: Beau
Originally posted by: cscpianoman
Is it just me or is the posts, etc. untreated wood?
Cedar posts last longer and are more eco-friendly than chem posts.
Sorry, you're right. I thought they were pine for a second until I looked closer.
Originally posted by: Pepsi90919
please focus your camera and try again
also call mike holmes
Originally posted by: MikeyIs4Dcats
Originally posted by: Beau
Originally posted by: cscpianoman
Is it just me or is the posts, etc. untreated wood?
Cedar posts last longer and are more eco-friendly than chem posts.
not necessarily true. Old growth cedar was better at this, but today's cedar is much more sausceptible to rot. Cedar is weaher resistant and insect resistant, but I'd recommend pressure treated for anything buried.
Originally posted by: TripleAAA
Originally posted by: AccruedExpenditure
Did the contract you signed with the contract stipulate the fence he made would be straight and not jagged. =)
The contract stipulated everything I had originally requested. He then "edited" the original bid form by adding a small note at the bottom claiming I had called him to request the height of the fence be "shortened" which is absolutely false.
The bill he sent me, the city permit, etc all dictate the correct height which is a foot taller than what he built.