Legal Question in Construction Law in Indiana

Faulty Windows

We had a blower door test done on the house and the windows failed. They had abnormal leakage. They recommended the windows be replaced. Our contractor sent the window manufaturer a letter stating the failure and that they believed the manufacturer needed to resolve the situation. The manufacturer stated that the windows perform to the standards set by the National Wood and Door Manufacturers Association. Our Contractor has now said that it would make absolutely no difference on what brand of window was installed and that on a windy day one could expect to have enough air infiltration to cause the drapes to sway, and some wind driven water to collect on the meeting rail and sill-and that such a situation would be within the manufacturing standards. On the specifications sheet they gave that listed everything we would be getting in the house it stated that we would be getting a premium white vinyl single-hung windows/sliding doors with double glazed low-e glass. I know for a fact that we received the lowest grade window that that maunfacturer makes. Can we make our builder replace our windows and make them give us windows that are indeed premium?

Asked on 6/28/02, 2:59 am

2 Answers from Attorneys

John Bator Bator Redman & Shive

Re: Faulty Windows

Much depends on your warranty and other facts-It is difficult to opine with out knowing more. It sounds like you have a viable claim and could pursue your builder-its possible that a demand letter from an atty would get some action but I need to see the warrrany and contract before I could say with ant specificty that the claim is worth the cost and time necessary to see it through

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Answered on 6/28/02, 10:13 am
C. David DuMond Law Offices of David DuMond

Re: Faulty Windows

A deal's a deal. The contractor said "premium" so you get premium. Plus, whatever the contract says, the contractor has an obligation to provide leak-proof windows. So, advise the contractor you insist on premium windows that do not leak and you will not be making any further payments until this happens, and if you have to have another contractor install them, you will be suing the pants off the leaky contractor for your extra costs, and further you would consider it a slander of title if the leaky contractor were to assert a mechanics lien on your home for his miserably defective work. If there is a warranty problem at this stage it is a lot easier for the contractor to deal with the supplier than for the end-user customer, so make the contractor deal with it. It is still the contractor's problem. Good luck.

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Answered on 6/28/02, 11:55 am

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