how is it possible that after doing a fresh install of the game and deleting all the old files, i go to validate local cache and it tells me 1 file needs to be reacquired.....lol, what a mess this game is, fingers crossed for that elusive patch....

The file that fails to validate is an install script. It always fails to validate- this is a false positive. It also has nothing to do with the performance of the game itself beyond the installation of the game.

that maybe true....but the performance of this game leaves something to be desired, maybe if i was bethseda...I'D TEST THE GAME FIRST! still countless bugs, still no patch...sigh

You know, the same thing happened to me after I restored my whole system to factory defaults. The odd thing, however, is that before I restored my system, it didn't fail to validate that one file for me. I don't really have any big problems/bugs anymore, though - despite that file appearantly missing.

i still get odd freezes and drops in fps when it renders new things outside and even get some artifacting....

Well, I don't think that one file is the cause of that though; I have read that a lot of people seems to have this "issue", even though it appearantly doesn't do much. Appearantly.
I really hope the next patch will fix all your problems though.
. . . and all the other problems!