Missouri Bound

Was there a permit and an inspection? Is one required for this type of work in your area? Might be worth a call to the local building department, maybe someone could come out and help you with your suit? (take that under advisement)

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epson

Skipping the process or not, the guy worked for a construction company and should know how to do it right or he shouldn’t be in the business. What I see here is a woman being totally taken advantage of from the get go and from a friend none the less.

joecaption

Looks like the fork truck ran into it not waining as suggested.

jagans

SOME PEOPLE OUGHT TO BE SHOT! Can you get the judge to confiscate his tools? Damn, what a HACK.

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" Most people would rather die than think, and most do " Bertrand Russell

kwikfishron

That's exactly what happened and the post itself (structurally) is just fine, not the best placement (aesthetically) though.

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joecaption

Those post would be fine for a nice raised garden.

SPS-1

I feel bad for you, but I don't think you are going to get very far in court, saying that he used garbage wood, unless the contract stated he was going to use premium wood. "the guy on the DIY internet site said..." is of limited value also. The workmanship looks poor, and around here would need a permit (not sure if the work needs a permit in your area) and inspection, and would not pass inspection, but if your court date is in two days, you may have a hard time digging up a city inspector to look at your place a giving a written result. A city inspector is not going to judge on the quality of the wood, only if the work meets minimum code (and it likely does not). And if it should have had a permit, but did not, that is likely to be the home-owner's problem first, but in small claims court, you could end up getting the better result on that issue.

Missouri Bound

....if you are using recycled materials....

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Do you want it your way or the right way?

amytx27

Hmmm, maybe even wasn't the word I was looking for. Usually, I think people use a string or something so that the post is in the same spot all the way down the line. They didn't do that, so some of the posts are further back, so when they tried to reattach the fence panel to the new metal post, they couldn't get it close enough. Here are a couple of pictures of my beautiful fence. The storm we had snapped a couple of my wood posts so all I did was have him replace 7 wood posts with 7 metal posts (just reattach the fence to the metal posts). You can see where there are no bolts/screws (whatever they are called).

amytx27

No, they are not required for just putting a couple of posts up. If I was adding on to the house it would be required.

I really appreciate it. Wish we had more people like you, here.

How can you tell? This would be great information for me to share with the judge.

I'm gonna try!!!




I'm suing in small claims. No lawyer would take it because its a small amount of money (to them, not me). I'm suing based on him charging me for material he didn't use (I personally think he used most of the money for his tools, and that would mean they are my tools) and for faulty construction. I want to sell my house and it won't pass inspection. I've been collecting all my info for a couple of months to get ready for court. Just trying to get all my ducks in a row and know what to say, what to point out, etc. That is why I wanted to come here and ask people who are familiar with these types of things because then I won't sound stupid if I say he used cheap wood and didn't do this or that.
In Texas, a verbal contract is as binding as a written one, if you can prove it. We didn't have a written contract but 100% of our communication was via email (I was at least smart enough to think about that). I've printed out dozens of pictures, I have the video on thumb drive and I have every email and text message printed out that was ever sent between the two of us. I also downloaded his voicemails and put them on the thumbdrive as a wav file so the judge can see the video and hear the voicemails. His emails were very exact. Here are his exact words (and you can tell its him, not me, cause his grammar and spelling are not real great!) And I don't mind putting his phone number and name on here cause he has it listed on angie's list.


" I will Gurantee it will be done right. I been in construction for over 15 years. feel free to call me xxx-xxx-xxxx. We all have insurance as well
Any Name"
"Im project manger for XXX constrution now. do you still need my help. i will help you on the side. i will fix all these things for you just dont be hiring these shady contractors"
"Amy,I need to know your plan on the Back Patio. Im trying to get your plan in my mind. Number two what kind of fence do you want. are we tearing down old one or are we puting up new one. If you have pictures of what you want done thats great. we can file through insurance as well. Talk to you soon Any Name"

My exact reply to that message:

"All I need on the fence is 7 posts replaced. There are wood ones there now and I need them replaced with metal post. The fence is still in decent shape so its just the posts that need fixed.
On the patio... its currently half/ass enclosed (I've been tearing out the remaining walls ). I just want to make it a covered patio instead. Not enclosed. So basically 2-4 cedar post to hold the roof up. There will have to be a support board put in to hold the roof to the posts (the guy that did it prior didn't frame it correctly)."

"im tryin to get bid on meaterial then we will know what were looking at"

"amy i was wanting to do it in cedar. but it is to high. we dont need to tear it down. i can do it but it will be in treated wood. it will stay up longer as well. when you start buying building meterials or doing repairs you got to watch the priceing.I just want to be sure your happy with the job i do for you. we will chat later today ok Any Name"

When I contacted him about the problems, this was his reply.. and he is talking about the 26 missing screws:

"Amy I called Smith this morning we talked about it. He said their something we can get goes down at the base of the 4x4. Then anchor to the slab. He said he forgot. He said please for give him. He said when that storm came thru must took the screws out of the Fence. He said he new we screded all of those. He sent picture what he wants to use we will amchor it to the slab it will take high wends"

joecaption

Who idea was it to use the metal post?
I've never seen one built like that.
I'm guessing he used lag bolts.
http://www.bing.com/images/search?q=...qpvt=lag+bolts

epson

She requested the metal posts and if you look at the bottom of the metal post the heads on the screws look like lag bolt heads. Yeah this job just gets better and better. This whole thing is a fail in my book...

kwikfishron

Removing a wall and replacing it with a beam to support a roof most certainly would require an approved plan, permit and inspection in any Metro area I've ever worked in.

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SPS-1

Exactly what I was thinking Ron.

Was it the city building department or the contractor that told you that you didn't need a permit? Hopefully you have that in writing in one of the E mails. If those posts slip out (and they seem that they quite easily could), that roof is coming down, and somebody standing below it could be seriously hurt. The judge should be all over the guy for building an unsafe structure. If the city inspects it, you will have written, authoritative proof that it is unsafe. Saying "the guy on the internet said it is unsafe" is not going to go too far in court, but if you show the judge that video, that could very well convince him.

beenthere

Yep, might even get her cousin's husband fined. Since there doesn't look to be any signs that it was ever done right when it was enclosed either.