Warped post on 8 month old fence, who's responsible for repair?

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Paul1977

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#242808 15-Nov-2018 10:04

Hi,

We had a fence built about 8 months ago, and I just noticed that one of the posts has warped quite badly and pulled itself completely away from the top railing.

The builder is coming to look at it, but I am wondering who is liable for the cost to fix it.

Since it's less than a year old I feel like I shouldn't have to pay. But at the same time, I am fully aware that it is not the fault of the builder either, and sometimes this can just happen.

And then will be the issue of how it should be fixed. Structurally it would be sound to just pack some timber between the warped post and railing - but that would still leave is with a noticeably warped post. However, replacing a concreted in post would be a pretty big job.

We haven't discussed cost, liability, or how it should be fixed yet. I'm just wanting to get opinions before he comes as I want to be sure I don't ask anything of him that is unreasonable.

Thanks

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#2127067 15-Nov-2018 10:32

That is unusual, may I ask how many rails have been used in the construction?

Paul1977

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#2127071 15-Nov-2018 10:36

MikeB4:

That is unusual, may I ask how many rails have been used in the construction?

Standard residential pailing fence, so 3 rails (top middle bottom).

Assuming I have my terminology correct, the railings are the horizontal ones right?

Geektastic

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#2127089 15-Nov-2018 11:13

It's just a rubbish bit of timber probably. The builder really ought to just deal with it but I don't suppose that will be the outcome.

MikeB4

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#2127092 15-Nov-2018 11:17

I can't tell from the Pic but how is/was that atttached to the rail ? was it bolted with washers or nailed?

Paul1977

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#2127099 15-Nov-2018 11:27

Geektastic:

It's just a rubbish bit of timber probably. The builder really ought to just deal with it but I don't suppose that will be the outcome.

I don't know what his suggestion will be yet. He might just offer to replace the post at his cost. But if he doesn't, what is a reasonable expectation from me?

And short of digging out the entire post, and concreting in a new one, is there a good way this can be rectified?

Suckerpunch

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#2127100 15-Nov-2018 11:27

Consumer Gaurantees Act comes into play here and under that, I believe the builder should be paying.

Geektastic

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#2127103 15-Nov-2018 11:29

Paul1977:

Geektastic:

It's just a rubbish bit of timber probably. The builder really ought to just deal with it but I don't suppose that will be the outcome.

I don't know what his suggestion will be yet. He might just offer to replace the post at his cost. But if he doesn't, what is a reasonable expectation from me?

And short of digging out the entire post, and concreting in a new one, is there a good way this can be rectified?

IMO he should fix it free to you and then claim the cost of the bad post back from whoever he purchased it from.

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scheduler

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#2127104 15-Nov-2018 11:33

I had something similar happen but to a fence paling. Basically turned out to be due to drying at different rates due to lack of painting

Paul1977

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#2127105 15-Nov-2018 11:37

MikeB4:

I can't tell from the Pic but how is/was that atttached to the rail ? was it bolted with washers or nailed?

Some sort of threaded screw by the looks if it. I can't see the head but I suspect something like this (except longer).

But the ends are only protruding a couple mm out from the railing and aren't pointed, so I'm wondering if they may have snapped as the post warped and bent away from the fence. I can't see into the holes in the post to confirm this though.

MikeB4

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#2127107 15-Nov-2018 11:45

Our fences all have carriage bolts right through the rail and post using bolts and washers like these, but galvanised not chrome like the pics. That would have prevented the post from warping and pulling away. I would say all your posts and rails are at risk

Paul1977

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#2127111 15-Nov-2018 11:49

MikeB4:

Our fences all have carriage bolts right through the rail and post using bolts and washers like these. That would have prevented the post from warping and pulling away. I would say all your posts and rails are at risk.

I can't say I've ever paid that much attention, but I don't know that I ever seen a residential paling fence with the bolts going right through the post. Wouldn't that make for a rather visually unappealing looking fence?

EDIT: and that might have just cause the warping to pull the top of the fence onto the same angle as the warped post?

antoniosk

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#2127112 15-Nov-2018 11:49

Paul1977:

MikeB4:

That is unusual, may I ask how many rails have been used in the construction?

Standard residential pailing fence, so 3 rails (top middle bottom).

Assuming I have my terminology correct, the railings are the horizontal ones right?

Thats bad luck. The builder takes responsibility as part of supplying the service, and given it's a few months old thats nowhere near the end of its useful life. I know its frustrating for all... but yeah give a call. He may wish to angle cut the bent bit off and replace it with a straight piece rather than rip the post out and start again, so be prepared for a conversation.

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robfish

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#2127113 15-Nov-2018 11:49

MikeB4:That is unusual,

I don't think it is unusual. It is very common to find fencing timber sold wet.

I believe the only way to avoid it is to properly dry the timber before using it.

Rob

nickb800

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#2127120 15-Nov-2018 11:58

Unfortunately this is pretty common these days due to the quality of timber available. You probably could get him to replace the whole post under your CGA rights, but personally I think it's a bit harsh since there is nothing he could have done to mitigate it, and I doubt his supplier would pay the invoice for his time and concrete.

A 4x4 post warping would have a lot of force, so using a more secure fitting would probably have resulted in the fence being pulled out of line.

The good news is that I would expect your fence posts have done most of the warping that they are ever going to do.

If it were me, I'd get the builder to pack the post-railing gap with some H3 timber and then drive a couple more screws through to hold it all together.

Paul1977

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#2127125 15-Nov-2018 12:06

antoniosk:

Thats bad luck. The builder takes responsibility as part of supplying the service, and given it's a few months old thats nowhere near the end of its useful life. I know its frustrating for all... but yeah give a call. He may wish to angle cut the bent bit off and replace it with a straight piece rather than rip the post out and start again, so be prepared for a conversation.

I have little (to no) building experience. So to dumbing it down for me, is replacing the top part of the post a reasonable fix?

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