Warped boards on a new wood fence in Gloucester, normal?

Wood boards can move after installation, and whether that is within normal range or a defect worth pursuing depends on a few things worth checking before you contact the installer.

Why particular boards warped is something the installer has to look at and explain. What you can check yourself is whether the fence still meets the standard the by-law sets, and what your written contract says about the material.

The City of Ottawa Fence By-law No. 2003-462 (section 11 and 12) requires that a fence be stable, vertical, of good-quality materials suitable for the purpose, kept in good repair, safe, and free from accident hazards. It also requires that the fence be protected by paint, preservatives or another weather-resistant material, with an exception for cedar, redwood and treated wood. If boards have warped to the point where the fence is no longer stable or vertical, that is a condition the by-law addresses, regardless of how new the fence is.

A few things to look at when you assess the boards:

• Are the boards still fastened securely, or are they pulling away from the rails?
• Is the fence still plumb and stable, or is it leaning?
• Are gaps between boards wider than what was quoted or agreed to?
• Did the installer specify the wood species and moisture content in the written contract?

On the contract side, the Consumer Protection Act, 2002 says that if your agreement included an estimate, the installer cannot charge more than 10 per cent above it, and that a written direct agreement gives you 10 days to cancel after receiving it. If the fence was delivered in a condition that does not match what was described in writing, that is a matter to raise directly with the installer first, in writing, with photos and dates.

If the installer does not respond or disputes the issue, By-law Services can inspect whether the fence meets sections 11 and 12 of the Fence By-law. They enforce the by-law; they do not resolve contract disputes.

The installer is the right first call, because they know what material they used, how it was stored before installation, and what their warranty covers in writing. If you get no satisfactory answer there, By-law Services can tell you whether what you have in front of you meets the by-law's standard.