Q: Had a contractor built a fence, did not follow the material guidelines outlined in the HOA. Can I sue for his poor work?
Me and two neighbors(N1 and N2) hired a contractor to build a fence, we all signed separate contracts. This contractor did a very poor job. The work is bad, I have pictures to document it all. When I showed him the work, he said i was being "nit picky". I asked him about the gaps in the fence that were over 1/2 inch and he said they use 3 inch nails. Also, they used a sledge hammer to knock the posts down instead of digging an extra inch. They finished my fence and N1's fince first and were halfway done with N2's fence and sent a text coming to collect final payment. When they arrived, all three neighbors voiced our concerns. They told N2 they would fix the gaps in the portions of the fence that were unfinished. The told myself and N1 that we were being nit picky and basically that they couldn't do anything. Also, the HOA fencing guidlelines (they were supplied with) say that all lumber has to be rough cut cedar. They used smooth cut cedar for a large portion of the fence. Please help!
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