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Question

I have a contract for a wooden fence around the 3 sides (the house would be the 4th side) of my backyard. I specfically requested the chain link fence on one side be left standing and the wooden fence be placed on the inside (i.e., chainlink, woodedn fence, yard), the contract does have a drawing which clearly shows "leave" along the said side. The contractor tore all the fences down (3) and let my neighboor haul away the scrap. They "put" the fence back up with baling wire and it is no where near what it was prior to be torn down. Do I have any recourse?

Submitted: 793 days and 14 hours ago.
Category: Home Improvement
Value: $15
Status: CLOSED
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Accepted Answer

Hello XXXXXXX,

Welcome to Just Answer.

You certainly do. If it was clearly stated that the chainlink should stay up on one side and you have a drawing that shows this and the contractor was made aware of these and/ or shown to him, then you are in a very good position.

The fence was taken down and there may be some careless reasons why, like maybe the laborers were unaware of the contract made by you and the contractor/ owner/ salesman, regardless, it should not have been taken down and it is the responsibility of the contactor to fix the problem. He needs to put the fence back up exactly as it was, on his time and his cost, and at whatever means it takes to accomplish this.

It also needs to be to your satisfaction, but you should not expect or demand anything more than what was originally there; for a simple example, if a fence pole was bent prior then you should not demand that a straight one replace it. I would recommend holding the final payment until the chainlink is installed to your satisfaction.

If you should need further help on this question, please reply to this post.

Best of Luck, Brian

 

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Expert: Brian
Pos. Feedback: 99.2 %
Accepts: 1135
Answered: 1/17/2008

Architect

Licensed Architect- 12 years, L.E.E.D. AP, Former Remodeling Contractor- 10 years

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