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New fence uneven and loose, builder claims "Acts Of God"

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BadMange

Junior Member
What is the name of your state? CT

We had a 6ft privacy fence built in our backyard in mid-December. It is now mid-April and over 1/3 of the fence posts are loose (my 3yr old son can wiggle them) and several are leaning to one side.

I contacted the builder about the problem and was told he's not responsible for Acts of God and seasonal changes per the contract. He claims that high winds and all the rain we've had caused the problem with the posts and "another customer tried to pull the same thing" on him. He seems to be under the impression that "Acts of God" means rain and wind and "seasonal changes" refers to one season. I explained that I wasn't trying to pull anything and that the posts shouldn't be loose after the winter thaw and some rain. He told me he would send someone out to look at the fence and hung up on me.

It's now been two weeks and I haven't heard from him. What is the legal definition of Acts of God and Seasonal Changes and what should be my next step? Suing someone is the last thing I want to do, but I highly doubt he'll care about a complaint to the BBB.

Many Thanks in Advance!
 


justalayman

Senior Member
if he doesn't show up, I wouldn't waste anymore of my time. If there is a construction licensing agency in the state, make a complaint to them and sue the guy for the entire cost of the fence.

Unless you have had unusually extreme amounts of water or other extreme weather (as in unusual for the area), he simply is a bad builder and apparently has no intention of fixing this.

a builder is required to build based upon the typical conditions the building will be exposed to. A tree falling on the fence, a hurricane blowing the fence over, a tornado; those are acts of God. Normal rain and normal wind are not intended to be included in that exception.
 

BadMange

Junior Member
Thanks for your reply justalayman, I'll check to see if my state has a construction licensing agency and go from there.

We've had a lot of rain in the past few months but I wouldn't call it "excessive". What is considered excessive weather, anyway? I grew up in Chicago and recall only one Snow Day for the Blizzard of '78. Schools in CT seem to close at the first report of a coming snowstorm, so who knows what is considered excessive weather here...

Anyone else have suggestions?
 

justalayman

Senior Member
when I speak of excessive weather, I am referring to weather that is uncommon for the area. School days don;t mean a thing. If you really want to research this, there are historic records of the weather for your area. I would guess NOAA would be a good place to start but honestly, I would not think there is a need. Unless you had a hurrinane or a flood, condider it normal.
 

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