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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I have issue with a fence installation (started 29-Jul-2013).

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I have issue with a fence installation (started 29-Jul-2013). The fence is approx 12 linear feet with two 39" gates on either side (spans 2 properties - in front of house(s)). Pre-paid total cost $2353.
Issues Summary:
 PVC Posts were installed 1” too far back, requiring cutting existing patio stones, despite explicit instruction where PVC posts were to be installed
 PVC posts should be 3 feet to 4 feet deep in concrete/stone dust – current PVC post install is approx 18” deep in concrete
 The new wood post installed to support existing wood fence butting against PVC post, has a +1.5in gap - should be flush with PVC post. Shoddy job
 Existing wood fence was not cut straight to accommodate new wood post – 7/8in difference from top to bottom rails. Again, a shoddy job.
 PVC fence was installed 5.5in higher, despite explicit instruction on multiple occasions to the installers to make it same height as existing wood fence.
 Prior to gate installs, the installer was informed that the gates were too tall. Installer said the gates were correct height & proceeded to install gates anyway.
• One of gates installed is 5/8in above patio surface – needs max 2” for winter clearance. Gate height needs to be adjusted (rebuilt).
 Gates are heavy and cause post to sway forcing gates to lean further into patio surface. Gatepost not adequately supported in ground - need re-enforcement and/or must be deeper into the ground

The terms of the contract stipulates: “Cut PVC to match height of existing wood fence running between properties (no lower).”

On back of contract document, customer responsibilities are indicated such as:
(13.) The Customer shall be responsible for:
(13.a) indicating to , the desired location(s) to install the product(s) and/or each and every End, Corner or Gate Post;

refuses to do anything about it, indicating that there is nothing wrong with the installation. The company also said that it was my prerogative to go to court and sue them. (approx. 22-Aug-2013)

On 24-Aug-2013 offered $400 compensation.

I want a correctly installed fence not $400. Is there any grounds to proceed with legal action?


Debra Thal :

Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

Debra Thal :

There is something wrong with the formatting of the question making it hard to read.

Debra Thal :

Do you know how much it will cost to pay someone else to make all the necessary repairs?

JACUSTOMER-vqy9kpzl- :

My Question: Based on the information in this request, is there any grounds to pursue legal action and have a reasonably good chance of winning a) get all my money back, b)have <companyname> rebuild fence according to existing contract specs?

JACUSTOMER-vqy9kpzl- :

Second request from you- Cost to repair fence: Had two other original quotes to do same job: 1) <otherCompanyX> $2536, 2) <otherCompanyY> $3615 ... <companyname> original quote was:$2705, got discount to $2353 for paying in full up-front. <companyname> has repeatedly stated that to repair fence would require the complete installation of a new fence.

The chat was not working well so I converted out.

The most likely outcome would be that you could hire someone new to redo or repair the fence, whatever makes the most sense and the original installers would be liable to you for this full amount.

There is simply no basis for them to say you get $400 back and end up with a faulty fence. You've even gone so far as to get quotes and have been told by professionals that you most assuredly need more than $400 to put you in the place you should have been in had this not happened.

So it would make a lot of sense to sue in Small Claims Court and self-represent.

Let me know if you need any further clarification.
Debra and other Canada Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks for the info

Thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!
Customer: replied 3 years ago.

Can I ask one further question? What is the process to determine if the company I am dealing with, has had any court settlements?

There is no way to know if they are any settlement.

You can search the court files to see if there are any lawsuits but you would have to know what court the lawsuit would have been in.
Customer: replied 3 years ago.

I have already rated you ... I find this site somewhat confusing. It asks me to rate you again, then when I try to do so, it tells me I will pay additional fee ... Confused

I am sorry about that. I don't actually work for the site so I don't know why that happened.

But don't rate me again or you will have to pay again as you don't have a subscription.
Customer: replied 3 years ago.

Thanks . have a good day

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