Question
QUESTION: Recently had a post & board fence installed.  I am not happy with the results, but I am aware that this is a "rough" type of fencing, so I don't want to be unreasonable.

Issues I am dealing with:  There are splinters (1" long, and not minimal) everywhere.  They are on the posts, on the 1x6 boards covering the wire, and on almost every board end.  I have kids and dogs; am less than thrilled with this lack of finish with a simple rasp.

I was surprised to see black round saw marks from the circular saw.  This may be normal, but I envisioned clean wood - not black to start.

Each gate has numerous cracks where it appears the installer could not be bothered with pilot holes when installing hinges.  Every screw has its own crack.

Gates are not plum.  Every angle I check is off-center when I check it with a level.  Does not matter if I check horizontal or vertically in any direction.  One gate clearly has warped boards, and fishtails out on one side, so it is not in line with the fence.

They completely forgot to install the extra horizontal at the very bottom of the gates, to prevent my little dog from pushing up the wire.

Horizontal boards on the running lengths of the fence do not butt up against each other at all.  There is an inch to inch and a half between them.  I thought the wood shrinks, so they should be installed tight together.

They drilled right through drainage pipes.  They told me ahead of time about one, and then we discovered another one after the ghost workers left.  The fence was installed in such a way as to put so much pressure on the bottom of the drainage pipes that they no longer sit below the downspout.

Was told that staples should be applied at a rate of 3 per board.  There are only one or two per board x 3 boards per panel.  Five per panel, in a typical five dot dice pattern.  Two on top; one in the middle, two on bottom.

Could you address each item, and tell me if I am a picky pain-in-the-butt customer, or if I am entitled to a little righteous indignation?  I am happy to let items drop if I am the one with expectaions out of line.

I am so distressed at the sloppy $2400 job that I just want it all ripped out and replaced by another contractor that can buy a clue.   We already paid them half, so I am stuck and frustrated.

In fairness to the contractor, the materials are all quality poplar, nice gauge wire, nice butterfly hinges...all the parts were there.  The installers simply appear to be clueless about neatness and pride in their work, as well as basic woodworking (pilot holes?...hello!).

The other complication in this whole process has been what I've come to call "ghost workers".  They do not call to say they're coming, miss days they told me they would be here, left power tools plugged in from day to day, don't check at the end of the day to make sure the customer is satisfied, and they have already billed me, and had the usual follow-up phone call to ask me how the job was...even though I am in communication with a field supervisor to address work with which I am not satisfied.

Would love to hear your comments.  I realize this is more construction than landscaping...appreciate any input.

ANSWER: I'm surprised in this economy (even for $2,400) you got this level of service.

Question #1 - Where they licensed for this work in your state?
Our state has a contractor relations board that reviews these sorts of consumer/contractor performance issues:

http://www.nvcontractorsboard.com/recovery_fund_faq.html

It may be worth it to Google your state's contractor board to see if similar services are offered where you live.

Question #2 - Did they give you references, and did you call them?
If you grabbed their name off of Craig's list, then you may have sown the seeds of this dilemma.

Question #3 - Was there a permit required, and did you/the contractor obtain one?

Having asked these, you are entitled to contractor to properly perform qualified services, and if a permit was issued, it will stipulate what occurs if there are unforeseen issues like destruction of the drainage pipes.  

Picky is ok, as you ARE paying for a service to be performed.  We regularly issue a "punch list" before final payment.  

I suggest you show this list to the contractor and ask him to rectify what he can.  If he refuses, then the next step would be to seek the help of the contractor's board - they may have a remediation program that can assist.  Be prepared with pictures and documentation, especially any "before/after" or "incorrectly installed" pictures.  After going that route, if you chose to withhold final payment, don't be surprised if small-claims is in your future, either initiated by you or the contractor(?).  

States have specific and differing contractor laws, where some afford great protection to the consumer and others don't.  I suggest you look into your state's specific stand.  If he was operating on an expired license or doesn抰 have one, the contractor抯 board may take up the cause on your behalf.

Good luck, and don't be afraid to talk to the contractor to let him know you are dissatisfied and it is in his best interest to fix it rather than fight it.
PS I offer my humble opinion, but I am not an attorney.


---------- FOLLOW-UP ----------

QUESTION: Marc, Thanks for your reply.  In answer to your questions, we went with a 20 year old established firm, with excellent references...from our own neighborhood, even.

They went by the book and would not begin work until we had permits in place.

It is like we got the Twilight Zone version of this good, established firm.  Because of this, I have done the second guessing of my own expectations.  Am I just off base on what I expect, or did they just hire a really bad crew?

Thanks for your input...I would not ever have read the permits for more information about suggested remedies.

Answer
Your initial " I am not happy with the results" says it all - You are paying for a service and they are providing it.  You are not happy with it.  Talk to them directly about it.  Give them a change to explain why this is their best effort, and worth the price.

I've run a private business, too, and "the customer is always right" sure works in most cases.  Now, I have had customers that no matter what I did they were not happy.  I am a landscape architect, not a marriage councilor or therapist, and I have had couples screaming at each other or the homeowner crying over some personal issue.  

You don't sound like that kind of person. You just want a fence built with quality, for a reasonable price.  Talk to them directly FIRST, then perhaps seek the advice of the contractor's board.  ~Marc