New fence failing us. Shoddy workmanship?

I posted this on the DIY forum, but had no reply. Perhaps the question is better here?

This summer we paid a contractor quite a bit of money to erect a large, closeboard fence in our garden. The fence we'd had previously was in a very poor state of repair and we were lacking privacy from the commercial premises next door.


Since the fence was built, the wood has shrunk and there are gaps. Obviously as a 'close board' fence, we don't want any gaps and having them there has not resolved the serious privacy issue that we had before the new fence went up.

My OH called the contractor who claimed that the shrinkage was 'due to the hot weather' (duh), but said he'd come back out and take a look. He and didn't turn up.

I am angry and dismayed about this because it cost us a whole heap of money. For gaps to be there within 6 months, suggests that the overlap of the wood was skimped on, which the contractor should have been aware of... Am I wrong?


Can anyone tell me my rights, or offer any advice on how to approach this? I assume that under the Sale of Goods Act, this falls under 'unfit for purpose'?

I'm really struggling to find any information on this. Please, someone, help!

We're in England, if UK laws etc are variable throughout the UK.

Comments

  • Wooden fences do shrink and grow naturally during the year. Perhaps if you want otehrs to help, post a few photos of the work on here.
  • deanos
    deanos Posts: 11,239 Forumite
    Part of the Furniture 10,000 Posts Uniform Washer
    We have a close board panels and some of them shrunk due to the weather, wood is a natural product so not sure you can do anything ?

    Pictures would help as mentioned above
  • tomitma
    tomitma Posts: 390 Forumite
    Never mind winter is coming and the wood will then expand, so you can have it both ways.
  • gordikin
    gordikin Posts: 4,422 Forumite
    tomitma wrote: »
    Never mind winter is coming and the wood will then expand, so you can have it both ways.

    Oh er missus!
  • Esqui
    Esqui Posts: 3,414 Forumite
    This may be, but if OP asked the contractor if the fence would never have gaps or shrink, and he said yes...then she may still have some rights, due to it not being as described.

    If OP didn't specifically ask, then it'll be one of those things you have to live with
    Squirrel!
    If I tell you who I work for, I'm not allowed to help you. If I don't say, then I can help you with questions and fixing products. Regardless, there's still no secret EU law.
    Now 20% cooler
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    Overlap should be about 1" from what I read. Was it that?
  • We need pictures in order to help.
    "You were only supposed to blow the bl**dy doors off!!"
  • pippa_h
    pippa_h Posts: 115 Forumite
    Part of the Furniture Combo Breaker
    I am at work, but will upload pictures when I can.

    I understand that wood is a natural product that expands and contracts, but I've been led to believe (by what I've read elsewhere online) that allowances should be made for this by the contractor when erecting a fence.

    If I've no come-back, I've no come-back - I'm just trying to establish whether I can have it fixed without having to shell out again.
  • nzmegs
    nzmegs Posts: 1,055 Forumite
    Any decent contractor should put it right for you as the point of a fence is for privacy. Unless they specifically told you it would have gaps in the summer. The answer would be to put boards across the gaps on the other side of the fence. Quite simple I would have thought and your fence man should do the work.
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