Thanks for your reply. Let me try to answer these questions.
[QUOTE=gumtree;8270083]
The first question that comes to mind is, are you happy with the contractor’s work other than the screw up with the sleeve guards? If so consider yourself lucky. Not really, they have been not very professional at all. Throwing nails at least 50 feet from the barn where my horses will be once fenced. They tore the double bubble insulation on the roof and put it up torn with a hole in it. They backed in to a post and took a hunk out of the side. It will be covered up by a stall but it’s there. There is mud all over the side of the building. I have not said anything about these things although we did ask them twice not to throw nails in the field. Notice I did say twice.
Second question, where the sleeve guards specified in the plans? Or is this something you “added” on your own? If the sleeve guards did not come with the building package and were not included in the building plans then according to “Contract states they will build according to plans” that is exactly what they did. The sleeves came with the kit and were specified in the plan in two place how to install.
If this is the case IMO and experience your legal recourse falls under a “grey area” of the law. I fully appreciate your frustration for lack of attention to what I consider a simple detail and should have been obvious how they are to be installed. But given the fact IMO, experience and conversation with those in the know more than I the value of sleeve guards is debatable. The barn we took down failed at the posts. I wanted to take every precaution we could. As they say, no hoof, no horse. Same way with buildings.
The best way to avoid possible deterioration/rotting of a post is to have them set on a concrete footing. A specifically designed bracket set in the concrete which the post is bolted to. But doing it this way adds to the cost of construction. Unless local building code requires this it would be up to the contractor and owner to use or not. They are set on a concrete footing.
I have built several Pole Barns going back 40 years. The oldest I have looked at years latter all of the pressure treated posts were just fine. I have renovated older pre-pressure treated post constructed Ag buildings that did have issue with the post rotting and the building “settling” in one or more corners. But it was not at the grade. Yes there was some deterioration where the post “met” the grade/ground but the problem was with the bottom of the posts rotting out and dropping several inches. Had to jack up and replace with a new post.
If your posts were set in concrete it will be a big PITA to cut the concrete back/down 18" to get the get the guards in. Filling in with new concrete is not that great an idea. The “old” and the “new” will not bond and maybe an issue in the future. I am scared to death they will do more damage if they try to fix it. I’m not sure how to proceed that’s why I’m asking people with more experience than myself. I feel they should at least pay for the sleeves as they are not doing what they are designed to do.
IMO you are making a bit of a mountain out of mole hill. I have had those thoughts but I am a bit tired of being taken advantage of. Also, I contracted with a particular contractor and he subcontracted the job because he took on more than he could handle. Again if you are satisfied with everything else the contractor has done. This is a very minor complaint in the grand scheme of things. More than anything right now I am frustrated he will not return my calls. Hardly worth stressing over let alone getting into a legal battle over. I would like to believe an attorney would tell you the same thing. This is coming from a person that has spent hundreds of thousand on contractors and know the drill soup to nuts having done EVERY aspect of construction. I am not an easy person to work for but I am not unrealistic either. I have learned to pick my battles carefully. I have saved for so long to build this barn right. I did all my homework. Trying to do everything right. Paid my 10% fee, let it go when they told me they were coming on July 6th to put the barn up when they then told me they accidentally put my name on the wrong date on the calendar. I had already took my old barn down as they did not notify me of this until a week before when I was concerned because they had not told the barn people to deliver materials. I have had to board horses a month more than budgeted. Finishing the tack room will now have to wait. 
As far as withholding payment and or legal recourse I think you stand on very thin ice. If the post guards were not part of the building package and plan specification as dictated by the architect. More importantly are not required by your local building code you are SOL. I did pay extra to include the post guards. I feel they could at least reimburse me for those since they will not serve their purpose due to their error.
When it comes to “settling up” and the contractor has not fixed the issue to your satisfaction. Present a check short say $1,000 which will be paid when that detail is taken care of. At that point the contractor will fix it or not. I thought of this. Just didn’t know if that was a breech on my part. And you can pay someone else to do it. But if the contractor doesn’t agree to this in writing you run the risk of them putting a builders lean on the property. Very easy for them to do this in most states.[/QUOTE]
Thank you so much for you input. It appears you are experienced in this area.
