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pella window issue

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  • pella window issue

    i have a job we did 12 yrs ago in june. we replaced 5 windows in a ranch style home, with 2' overhangs and 8' walls. we took out andersen windows which had rotted out at about 18 yrs of age and replaced five of them with pella proline windows purchased from pella of kansas city. they were installed, caulked behind nail fin,(well before window tape was used on a regular basis), flashing applied above window and extended and folded over end by 1/4 inch.

    the one window was a left/fixed/right casement window. the other was a left/ right casement unit. the other three were casements and were individual units in a three window bay in a breakfast nook. no issues with these three.

    the two multiple units were completely rotted in the bottom sashes. water had gotten behind the aluminum cladding against the glass and completely rotted the sashs. the jambs on the left right were fine because of the extruted aluminum below the sash. the center fixed unit in the triple unit is wood on wood and it rotted the window frame, as well as the rough frame, boxing, and subfloor into the rim joists.

    no water entered through the flashing, around the perimeter of the window or overhead through the wall. it all came throught the sash cladding because of butyl failure. obviously pella agreed it was their problem as they gave me two sashes for the one window as well as a brand new triple casement unit to replace the rotted out one.

    we are getting ready to replace this unit and here is my dilemma. we will have about two full days removing, rebuilding, and reinstalling new unit into wall because of vinyl siding, that has a/c line set, electrical, water hydrant, sprinker unit line, and lots of landscape issues. we will have to finish the window, and repaint walls inside, rebrake metal work around exterior of window and have carpet removed and reinstalled. inside they also have hot water radiant heaters along wall right in front of window.

    pella agreed to replace their unit. they dont want to pay for work to replace into wall. homeowner agrees i had done nothing wrong with installation initially but doesnt want to pay for labor again.

    any thoughts on who i should contact without spending a fortune on attorneys?

  • #2
    Re: pella window issue

    I doubt Pella would hold firm on their ‘no labor policy’ if they were faced with a small claims ‘Notice to Appear’. Milgard replaces their defective product, labor included. So do countless other companies. They could not legitimately explain why it’s not included to a judge.

    The down side is that someone has to suffer a loss before you are owned money, which means the job must be performed before the lawsuit can be filed. IMO the HO should pay for the job and take the risk of losing in court.

    BTW, who chose Pella, they are known for poor customer service.
    Brian

    Comment


    • #3
      Re: pella window issue

      We had a 2006 thread on the Pella rotting window problems, check and see if the class action is still open or has been closed. Your owner should have been automatically covered and has, or will be, receiving money, unless he opted out of the class in order to pursue a private action. I think you are legally protected on this and have no legal obligation to do anything because the usual terms of the class cover the whole world and everyone in it.
      Last edited by Dick Seibert; 10-29-2009, 09:57 PM.
      You will ask what goal the U.S. is pursuing? .... their external debt is huge, and ruining other countries is their customary method. Even ownership of the global 'printing press' is no longer helping. Nor is full control over NATO, None of that if enough for the 21st century colonizers. They don't just need to preserve the dollar as the only global currency but also to get their hands on the economic wealth of other large powers and regions. - Sergei Naryshkin

      Comment


      • #4
        Re: pella window issue

        dick,
        thanks for the heads up on the class action suit. i will question pella of k.c. today to see if they have anything out there. originally they tried to deny anything was wrong and wanted to blame installation. i eat, sleep, and dream, my trade, always trying to improve on things. i knew i wasnt wrong when i opened the sash and the glass about fell out because of the rot.

        i will post as soon as i hear from them. do you think i should contact the pella corp. in iowa instead? ownership here in k.c. has changed hands twice in 15 yrs. they still had my original file though.

        Comment


        • #5
          Re: pella window issue

          Originally posted by kawendtco View Post
          we are getting ready to replace this unit and here is my dilemma. we will have about two full days removing, rebuilding, and reinstalling new unit into wall because of vinyl siding, that has a/c line set, electrical, water hydrant, sprinker unit line, and lots of landscape issues. we will have to finish the window, and repaint walls inside, rebrake metal work around exterior of window and have carpet removed and reinstalled. inside they also have hot water radiant heaters along wall right in front of window.

          pella agreed to replace their unit. they dont want to pay for work to replace into wall. homeowner agrees i had done nothing wrong with installation initially but doesnt want to pay for labor again.

          any thoughts on who i should contact without spending a fortune on attorneys?
          This sounds like excessive rotting, even for cheap windows. Does the a/c, hydrant and sprinkler line have anything to do with it? 12yrs have gone by, I think the homeowners are obligated to foot the bill somewhat.
          "I would remind you that extremism in defense of liberty is no vice. And let me remind you also, that moderation in the pursuit of justice is no virtue."
          --Barry Goldwater AD 1964

          Comment


          • #6
            Re: pella window issue

            the windows are aluminum clad, casement, no exterior wood. when the customer opened them to clean the bottom of four of the sashes fell off.no water damage any where else on window except the bottom of the sash. pella already owned up to the issue by giving them a replacement. the labor of rebuilding wall is greater than the value of the new window. customer in my opinion shouldnt pay for any of the problem, nor should the installer(my company).

            Comment


            • #7
              Re: pella window issue

              Apparently you can still join the class, here is the information:
              Originally posted by Freed & Weiss
              CHICAGO, Feb. 20 /PRNewswire/ -- The following statement was issued today by the law firm Freed & Weiss LLC:

              A Chicago federal court denied a motion to dismiss a proposed class action lawsuit against Pella Corporation that alleges Pella's ProLine series of windows suffer from a design flaw that has resulted in widespread failures Saltzman et. al. v. Pella Corporation 06CV4481 (N.D. Ill., March 20, 2007).

              The lawsuit also covers the "250 Series" and "450 Series" windows sold through major retailers such as Lowe's. Specifically, the suit alleges that Pella ProLine aluminum-clad windows are prone to water penetration resulting in rotting of the internal wood frame beneath the aluminum cladding. Wood rot requires replacement of the window sash and/or frame. Because of the aluminum cladding, such damage is not always visible to the homeowner.

              If you have Pella windows, wish to discuss the lawsuit or have any questions concerning your rights, please contact Freed & Weiss at (312) 220-0000 or e-mail info@freedweiss.com. Information is also available by visiting the firm's website at http://www.freedweiss.com.
              SOURCE Freed & Weiss LLC

              Paul M. Weiss or George K. Lang, both of Freed & Weiss LLC, +1-312-220-0000¹
              ¹ http://www.reuters.com/article/press...08+PRN20080220
              You will ask what goal the U.S. is pursuing? .... their external debt is huge, and ruining other countries is their customary method. Even ownership of the global 'printing press' is no longer helping. Nor is full control over NATO, None of that if enough for the 21st century colonizers. They don't just need to preserve the dollar as the only global currency but also to get their hands on the economic wealth of other large powers and regions. - Sergei Naryshkin

              Comment


              • #8
                Re: pella window issue

                Originally posted by kawendtco View Post
                the windows are aluminum clad, casement, no exterior wood. when the customer opened them to clean the bottom of four of the sashes fell off.no water damage any where else on window except the bottom of the sash. pella already owned up to the issue by giving them a replacement. the labor of rebuilding wall is greater than the value of the new window. customer in my opinion shouldnt pay for any of the problem, nor should the installer(my company).
                At first it seemed too severe to be just the windows. I've removed many older windows with rot, but nothing like what you are saying. With Dick's post regarding the Class Action Lawsuit, it appears that Pella has to own up to it, your labor as well. The worst part is, is that Pella knows more about the lawsuit than anybody, but they are still trying to dodge their responsibility by hoping that you are ignorant of it.
                "I would remind you that extremism in defense of liberty is no vice. And let me remind you also, that moderation in the pursuit of justice is no virtue."
                --Barry Goldwater AD 1964

                Comment


                • #9
                  Re: pella window issue

                  johnson,
                  exactly. that is where i am at.

                  dick, i am indebted to you . that piece of information is exactly what i need. in fact i am going to go back through my files, and see what other pella windows i have done, and stop in and see my customers. the sneaky part of this is what i really detest. things happen but you have to be truthful. and i want to take care of my customers.

                  i sold pellas exclusively for 7 or 8 yrs, until they started mass marketing through the box stores. i think this is probably when the problem arose.

                  again dick, i appreciate your thoughts and efforts for digging up that information.

                  Comment


                  • #10
                    Re: pella window issue

                    well we started the window replacement today.....and then put the old window back in. pella sent a window that wasnt what it said it was. the original window is a three window composite consisting of a 25" left casement, a 29" fixed casement, and a 25" right casement.

                    the order form and all attached paperwork indicated that the replacement was same as original.

                    when i took the window apart i took one sash out, and one of my guys took the other one out. he stained and varnished half, i did the same on my half. put the window sashes back together, loaded it on the truck, spent an hour thankfully very carefully, and removed ol window.

                    set it aside grabbed the new window and set it in the hole........

                    4" narrower than the original.....

                    dimensions were 25" left 29" fixed...........21"right.

                    glad the rotted window was still useable for two weeks.

                    pella also is paying 200.00 per unit(600.00) on this window towards install. going to get a much larger bill that i will have to go to battle for though.

                    thanks again for the heads up dick.

                    Comment


                    • #11
                      Re: pella window issue

                      Originally posted by kawendtco View Post
                      thanks again for the heads up dick.
                      Punctuation is important....

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