Have you ever had to sue someone?

I live in NC and within last year I had a contractor install a fence and now two of the posts are warping, even though he guaranteed me he would use posts that wouldnt warp. I have tried to get him to resolve this issue and he keeps dragging his feet and giving me the run around. I thought about taking him to small claims. Would you suggest i do this or maybe just threaten him with legal action to see if he will take care of it. I'm sure he would rather not go to court. Anyone ever had a similar experience?

 

I would threaten the legal action and see what his response is

Im curious about these posts that are not supposed to warp, are they wood?

 

Do you have anything in writing documenting the materials and warranty against defects? If you do, and the issue is a CLEAR breach, I would send a demand letter, documenting the issues, with pictures, and a copy of the contract. Give him 30-45 days to fix it - or whatever the time requirement for your state is. Then if he doesn't fix it, you have to decide how far you want to go with it but you may have grounds for a suit. If you don't have anything in writing - good luck. Save yourself the stress and fix it yourself.

 

i have an email from him from last year saying that the materials that he will use are far more superior wood that will resist warping. Well, it didnt even make a year. The posts are 9 feet tall 4x4"

 

bump

 

Resistant to warping and "guaranteed not to warp" are two vastly different things.

Which is it? You've said both are true, and that can't be so. What is in writing?