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New colorbond fence falling apart

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I have a problem with a fence that was erected 7 weeks ago. Fence is leaning and posts are moving side to side. The fencer blamed soil conditions and also try to blame us (me and neighbours). We wanted 1.8m colorbond fence with sleepers under the fence. The fence looked good for about 3 weeks when I noticed problems with it. After phone number of phone calls fencer agreed to come and have a look at the fence. He said that he will put more cement around the posts to fix the issue. I'm not happy with it because we had paid and were promised solid fence not a patch up job. We don’t want to have massive amount of concentrate around the posts. I had digged on the side of one of the posts and it seems like concentrate foot finishes at 400mm depth. According to Bluescope Steel http://www.3029.com.au/install_guide.pdf the post holes should be at minimum 900mm deep. I have 250mm of top soil and then there is a soft clay.
I dont think that the proposed fix by the fencer will be enough to fix the fence. From what I can see the posts are too short and not deep enough. Also who can I ask to come and asses the fence and write a report what is wrong and what should be done to fix it properly (I understand there will be a fee). If everything fails we are thinking of taking this matter to VCAT.
Here are a few shots of the fence:






Hello, that is terrible, please tell me he is going to fix it. From what I understand the good neighbour fence is designed to go in the ground approx 500mm, so if you add a 100mm sleeper, your fencer should of added 100mm to the post length. the colourbond website says the minimum hole depth should be 300mm for rock, 600mm for clay and 900mm for sand. since you hole is only 450mm and you have clay, your fencer has not dug the hole deep enough.
OMG You poor buggers this is a disaster, WTF was this guy thinking???

From my understanding, I agree that he has not dug your holes deep enoguh, what an idiot!
I hope he fixes this for you and you don't have to go to VCAT as this can be a lengthy process, I wish you all
the very best!
It is a headache. All what he wants to do is to put more concentrate. I think he hopes that fence will stand for 12 mths and then bad luck to me (out of warranty period). I'll get inspector from Building Commission and if he decides not to comply I'll will have no other option but take matter to VCAT. From my point of view fence has to be pulled down, posts replaced and dig dipper as per manufacturer specification.
Nasty. I'm fighting with my builder at the moment because the fencer has scratched the heck out of all the fence rails and was happy to just leave it. So im hoping my pointing out that its not warranted with scratches gets their attention.. Looks almost as good as my concreting, crap tradesmen.
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