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Good afternoon. Absolutely, you have recourse. What you want to do is raise the stakes on them. Send them a certified, return receipt requested letter detailing the history, including the representation this fence would be cedar, and demand they either re-do the fence in cedar or pay you an acceptable amount (to you) to accept the fence as is. Inform them that if they do not comply with your demand within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as gross negligence, fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the judgments.
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