Pictures of my horrible new fence

[TripleAAA]

Originally posted by: MrWizzard

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.

If this is true and what you are saying is true, ask him what day it was that he claims you called him. Get phone records. You win. You could drop that bomb in court.

Oh of course. He claims I never called him after the fence was built to address the issues. Yet I have my phone records that show 4 different days of me calling him. I also have a receipt of a certified letter that he claimed he didn't receive until just a couple days ago when he finally decided to pick it up at the post office. I've given the guy ample time to fix/repair and even though he has offered to fix the cuts and the gate, that's the extend of what he is willing to do.

 

[MikeyIs4Dcats]

Originally posted by: CPA

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.

One of the issues I'm sure a court will look at is who is the "expert" in this case. The contractor obviously is, and would normally know the city code requirements of a 6 foot height minimum. A contractor just can't build out of code because a client requested it. He's the expert and knows what needs to be done and how it needs to be done.

Also, that dude needs a new blade on his circular saw. That is some bad chipping.

the OP requested 6 foot, there is nothing presented in this thread that I have seen that indicated there was any code requiring such.

 

[MikeyIs4Dcats]

Originally posted by: Beau

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.

... only if they're legal in your area. Some cities (like mine) forbid chemically treated wood from being buried.

where do you live? I find that very unlikely. They may be misinterpeting or misunderstanding something, as even cedar is chemically treated in many cases. TYhe chemicals were harmful to people, not anything else, so it wouldn't make sense to ban it for burial. The new treatment used for the last couple of years is much safer as well. Even CCA would have taken years of exposure by skin contact or dust inhalation to be harmful.

 

[tealk]

WOW that is oe horrible fence job...Jeez....I wouldnt pay him either......

 

[TripleAAA]

Just filed the small claim today at the court. Only frustrating thing at this point is that I now have to wait over a month before I get my day in court. In the meantime, all I want to do is tear down this ugly piece of crap and have someone come in and build it right. If I do that though, then I've lost my physical proof.

Each day that goes by the fence is getting progressively worse. Several of the boards are warping outwards now, especially on that one fence line that is really crooked.

Arghh!!

 

[KK]

Originally posted by: TripleAAA
Just filed the small claim today at the court. Only frustrating thing at this point is that I now have to wait over a month before I get my day in court. In the meantime, all I want to do is tear down this ugly piece of crap and have someone come in and build it right. If I do that though, then I've lost my physical proof.

Each day that goes by the fence is getting progressively worse. Several of the boards are warping outwards now, especially on that one fence line that is really crooked.

Arghh!!

Well keep a good collection of photographs up until the day of court. It may fall apart by then.

 

[ravana]

Originally posted by: KK
Well keep a good collection of photographs up until the day of court. It may fall apart by then.

+1

If you are lucky and it rains for a day or two, it may end up looking like that raft from Cast Away.

 

[Fern]

Originally posted by: MikeyIs4Dcats

where do you live? I find that very unlikely. They may be misinterpeting or misunderstanding something, as even cedar is chemically treated in many cases. TYhe chemicals were harmful to people, not anything else, so it wouldn't make sense to ban it for burial. The new treatment used for the last couple of years is much safer as well. Even CCA would have taken years of exposure by skin contact or dust inhalation to be harmful.

The concern is groundwater contamination in some places.

Fern

 

[Vinfinite]

wow that is one horribly built fence

 

[TripleAAA]

Originally posted by: KK

Originally posted by: TripleAAA
Just filed the small claim today at the court. Only frustrating thing at this point is that I now have to wait over a month before I get my day in court. In the meantime, all I want to do is tear down this ugly piece of crap and have someone come in and build it right. If I do that though, then I've lost my physical proof.

Each day that goes by the fence is getting progressively worse. Several of the boards are warping outwards now, especially on that one fence line that is really crooked.

Arghh!!

Well keep a good collection of photographs up until the day of court. It may fall apart by then.

Yeah, over the past few week or so I've noticed the fence getting progressively worse. With the humidity and a day of rain in the mix, it has already had it's effects. I'll be lucky if the fence is one continuous structure by the time my court date arrives.

 

[HighPsi50]

Was the fence supposed to be 6' high to the top of the little peaks, or at the lowest point? Or was the humped effect something he came up with to cover the overall lack of height? Even if the posts were short seems like he could have run high boards all the way across.

It kinda weird, because there are signs they knew how to build a fence (top of posts angle cut, concrete sloped away from pole base), but at the same time, they didn't take the time to align the posts, use straight lumber, even up/sand the decorative cuts, etc. It's most likely also put together with staples on the slats, which don't last over time and allow the boards to bow easily.

I built a large wood privacy fence around my yard last year and got something much better than this. Any professional should be able to do better than that.

One item to note, on that double gate. With that side slope, you'll never get an uphill swinging gate to open the way they have it installed unless you undercut the edge to match the uphill height of the ground, and thus leaving an ugly gap there when its closed. They should have never agreed to install that. If you want a double gate there, you either need a full width gate (which will almost surely sag over the years without some metal support) or you need a removable side panel on the uphill half.

 

[JulesMaximus]

Nice hinge placement...

What did he cut those planks with? A chainsaw?

 

[TripleAAA]

Originally posted by: HighPsi50
Was the fence supposed to be 6' high to the top of the little peaks, or at the lowest point? Or was the humped effect something he came up with to cover the overall lack of height? Even if the posts were short seems like he could have run high boards all the way across.

It kinda weird, because there are signs they knew how to build a fence (top of posts angle cut, concrete sloped away from pole base), but at the same time, they didn't take the time to align the posts, use straight lumber, even up/sand the decorative cuts, etc. It's most likely also put together with staples on the slats, which don't last over time and allow the boards to bow easily.

I built a large wood privacy fence around my yard last year and got something much better than this. Any professional should be able to do better than that.

One item to note, on that double gate. With that side slope, you'll never get an uphill swinging gate to open the way they have it installed unless you undercut the edge to match the uphill height of the ground, and thus leaving an ugly gap there when its closed. They should have never agreed to install that. If you want a double gate there, you either need a full width gate (which will almost surely sag over the years without some metal support) or you need a removable side panel on the uphill half.

The fence was originally supposed to be a 6 foot privacy fence with an arch cut. The highest part of the fence (the peak of the arch) is 5 feet though, so in other words no part of the fence is even close to 6 feet tall. Yeah the gate thing is another issue. Had they given me better advice on it, I would have asked them to put it somewhere else. Regardless though, I'd rather have a gap at the bottom and be able to fully open the gate at the very least.

I still don't know what they cut the arches with.

 

[Kelemvor]

So I still don't see anything where you say you talked with a Lawyer about this. Getting advice here is great but not worth a thing. Have you not talked to an actual lawyer about this? Lots of times you can have a lawyer send a letter to his lawyer and not even have to go to court. If it's obvious you are right his lawyer will know that and settle.

And did you ever check the permit to see if it specified a height?

 

[CFster]

I only built a fence once and it came out ten times better than that.

That's just unbelievable.

Call this guy.

 

[TripleAAA]

Originally posted by: Kelemvor
So I still don't see anything where you say you talked with a Lawyer about this. Getting advice here is great but not worth a thing. Have you not talked to an actual lawyer about this? Lots of times you can have a lawyer send a letter to his lawyer and not even have to go to court. If it's obvious you are right his lawyer will know that and settle.

And did you ever check the permit to see if it specified a height?

The permit (as well as the bill he sent him) both specify a 6 foot height.

As for lawyers, yes I have talked with a friend of a friend who is a District Attorney. Because my claim is fairly small ($600), I don't feel it's totally necessary to talk with a lawyer and have to pay the fees associated with that. If the contractor countersues me for the cost of the fence (around $2500), then I will get a lawyer at that time. I would find it a mistake on his part though to pay an attorney to pursue me, considering he doesn't have much of a case.

I got a letter from his 'supposed' attorney a few days ago, but it has a lot of "may do this, may do that" kind of wording and I think it is a bit of a bluff on the contractors part to scare me into not doing anything. Today I checked with the Secretary of State to find out his processing agent and the contractor himself is listed.

On another note, a different fencing contractor today told me that this guy apparently has a couple other lawsuits against him and he knows one of the other customers involved. He is going to see about putting me in contact with this other customer and if so, we may be able to help each other out with this situation and serve as witnesses for each others' cases...if it comes to that. I honestly hope it doesn't. I just want a new fence installed asap and not worry about paying this guy for a crappy job.

 

[TripleAAA]

Originally posted by: CFster
I only built a fence once and it came out ten times better than that.

That's just unbelievable.

Call this guy.

That's tempting, but chances of him responding are slim and furthermore it will probably take a long time before they would even come out here.

 

[alkemyst]

Originally posted by: Oceandevi
Ask the guy to repair it the right way and then pay him. Or just do it yourself, fence building is so damn easy.

except it's now a contractor only job in many places.

 

[alkemyst]

did you get a contractor's license? I can't believe anyone with half-assed skills would do that, yet alone a contractor. Are you sure he just isn't Joe Handyman?

 

[TripleAAA]

Originally posted by: alkemyst
did you get a contractor's license? I can't believe anyone with half-assed skills would do that, yet alone a contractor. Are you sure he just isn't Joe Handyman?

Yeah, he is a verified contractor. The contractor himself didn't do the work though. He has a few teams of guys that go around and do the work and he pays them. Regardless of who did the work though, it was represented by this contractor and therefore he is responsible.

He also has a large ad in the phonebook, a basic website, and has apparently been in business for about 15 years. I think this may have been a situation where his guys just did a crappy job. It may not necessarily reflect the work at other sites and my hope is that my situation is an isolated incident. I have a feeling though that is probably isn't.

 

[TripleAAA]

I've updated the OP for those interested.

 

[James Bond]

That's cool that they're doing all the lawyer stuff for free.

Good luck!

 

[evident]

what POS looking fence... i could do better and i have minimal physical labor skills

 

[RichUK]

Agreed, that is indeed an ugly fence. It looks like a temporarily installed perimeter that allow rabbits to roam around in.

 

[KLin]

It sucks that it's now a full blown civil case. It could easily drag on for several months now. You should sue him for more money because of mental anguish caused by having to look at a butt ugly fence every day.