Legal Question in Consumer Law in California

Is it possible to sue Marvin Windows who used the Plasticized PVC nail fin on their windows but did not specify in their 2004 installation manual that an asphalt based seal tape when combined with the plasticized PVC would have adverse reactions to each other.

The compounds liquified causing the water tight seal to break.

The 10 year warranty for the Windows has expired.

Asked on 8/03/17, 4:03 pm

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

This question has been asked and answered. There is an absolute cut-off of 10 years from completion on the right to sue for anything wrong with any construction work, including new windows. There are no exceptions and no exclusions, unless there is an express written agreement for a longer period. In addition, a four-year cut-off started running when you first knew or should have known that there was a defect. In your previous question you indicated that the compounds liquefied and oozed some time ago, but you didn't realize it had also compromised the water proof seal due to the drought. Knowledge that there was some defect in the installation was enough to put you on legal notice to determine the full extent of the problem and sue within four years. Since the drought began in 2012, presumably the liquefaction occurred before then. Therefore, it sounds likely that you are also barred by the four-year cut off for known defects.

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Answered on 8/03/17, 5:35 pm

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