Legal Question in Consumer Law in California

My Marvin Windows with plastisized PVC nail fins reacted adversely with the asphalt based sealant tape the contractor used. We incurred oozing black gooey drops around the trim. Last winter rain storms, after years of drought, caused water to seep through the drywall inside. I suspect dry rot and mold inside the walls.

Facts, installation in 2004. Instructions did not warn against asphalt base seal tape. Paper written in 2009 about the adverse chemical reaction between plasticine do PVC and asphalt; causing liquification of materials thus the seal is broken. Window warranty and contractor warranty both expired. In California.

Can I make a small court claim against the contractor who used the sealant tape or Marvins for not specifying the correct sealant tape?

Asked on 8/02/17, 3:14 pm

2 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

No. California has an absolute 10-year statute of repose on construction defects that runs from the date of completion of the work. Your right to sue for anything to do with the window installation ran out in 2014 for a 2004 project.

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Answered on 8/02/17, 5:48 pm
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

No. Refer to answer above. That covers it.

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Answered on 8/03/17, 1:14 am

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