Window Sub Files Bankruptcy-Warranty Issues

remodel chick

I hope I haven't duplicated my post, if so, my apologies, I'm a newbie!!
I completed a farmhouse renovation mid Sept this year, part of the renovation was installation of retrofit windows.
The day after Hurricane Ike, the homeowner calls-one of the windows leaked. I went to check on her complaint, also a spring, some screens, etc she had issues with.
I called the window manuf, the sales rep I deal with said that the warranty guy would contact the homeowner. I follow up a few days later, no contact with homeowner. I call the sales rep a week later, the window manuf. has filed for bankruptcy. He is nice about it, and gives me the name of a 3rd party window repair co., that he has used numerous times.
I have not (at that time) told the homeowner about the bankruptcy.
I contact the 3rd party-they take the info and will contact the homeowner. They do call her and get directions, etc.
One week later, nothing has happened. The homeowner is now threathening me with small claims (?), State involvement, etc.
I contact the 3rd party again, they tell me they will contact her. Well, this morning, I finally told the homeowner about the bankruptcy, and told her I am trying my best to solve her problem. The window has not leaked since the first time right after the Hurricane, and we have had numerous rains, although not as bad as Ike.
Should I try to find another window service? Any suggestions?

enforcer

first off,we can't help without the name of the window manufacturer. who is it?

Patrick

Why dont you just go fix the window?

__________________
Originally Posted by Celtic
Like I said...I'm sure you are very good at what you do ~ whatever that is and where ever it happens.

remodel chick

It is a small Texas window manuf. Action Windoor Technology. We've used them on about 12 projects the last 2 years with great success. Great product, happy clients, great turn around time, great follow ups.
Since it's a manufacturer defect, not a labor/installation issue, I haven't attempted to fix the window. We don't have the right tools to do it, it's a seal issue along with some springs. Although we may end up having to fix it any way-we didn't in the beginning as it will void the warranty, but since there is no warranty now, I guess it doesn't matter.

SelfContract

Only two options are left:


1. Replace the damn window on contractor's part, or

2. Refund some credit$ and no fixing, and put in the contract (next time) saying out loud that IF the manufacturer is gone out of business, contractor is not responsible for warranty anymore, and HO/they're on their own!

Patrick

If its a seal failure, ANY glass company can fix it for you. Not sure where there are springs on a window. If you are reffering to the balance, The manufacturer should at least be able to give you a new balance to install, or you can buy a new balance from CL Lawrence or Circle Glass

__________________
Originally Posted by Celtic
Like I said...I'm sure you are very good at what you do ~ whatever that is and where ever it happens.

remodel chick

Thanks guys!
I do not want to rip out the windows. A total PITA. I don't want to tear off all that Hardie, plus the repairs to the inside. The windows were a custom design made to match the design of the 1921 windows. I feel I would be opening up a can of worms.
I did add to the Terms & Conditions of our basic contract -What do y'all think?:

• Once CONTRACTOR installs a product; it is the property of the OWNER. CONTRACTOR will only warrant the installation labor. The product Manufacturer will warranty the actual product.

remodel chick

We can't get the parts from the manuf, they are in receivership. I had the cell & home #'s of our sales rep, he's at a different window co.-he cannot even get his belongings from co. office due to the court order.

GregS

"Product comes with a X year manufactures warranty."

Ask your lawyer for anything else you should put in there.

Grumpy

It's simple to me. If the windows are failing due to manufacturer defect it is not your fault nor the fault of the installer. Legally I do not think you would be held liable to repair/replace these windows out of pocket if it is a manufacturer defect.

Having said that, from where is the window leaking? It could be an installation error, leaking from where the window meets the wall.

In regards to the contract term. Keep it simple as I have. In my guarantee document it says "This guarantee does not cover defect of the manufacturers's product." or something like that, off the top of my head.

remodel chick

The window repair guy showed up late Friday. He does warranty work for alot of window manuf in the Houston area. Apparently he knew our problem with the woman threatening litigation, etc. and was very nice about everything. This wasn't even his territory, he drove 168 miles round trip to fix our problem.
The client/b*tch is happy , he just has to bring out another part, which he will do this coming Wed. Something he had to order/didn't have with him.

SHS-Matt

Action pulls this stunt every couple of years. It's sad since they actually have some real professionals working for them.

RC, if you need a Texas contact number for them still, let me know and I'll get it to you.

Jason P

This would be twice in two years!