Windsor Windows Lawsuit for Leaking, Rotting Problems

April 8, 2014

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At A Glance

This Alert Affects
Anyone who experienced problems with Windsor's wood or wood clad windows.
What's Going On?
It has been alleged that Windsor's wood and wood clad windows are defective and allow water to penetrate the windows' frames and sashes. Property owners allege that, as a result, their Windsor windows leaked, rotted and grew mold and mildew that damaged the windows and other surrounding property, such as drywall and flooring.
Type of Case
Class Action.

Windsor Windows is currently facing a class action lawsuit alleging that the company’s wood and wood clad windows are defective and can fail prematurely. According to the lawsuit, water can intrude the windows’ frames and sashes, which can cause the windows to leak, rot or degrade. In addition, the water can allegedly spread to surrounding property, such as drywall and flooring, and cause extensive water damage. While the lawsuit alleges that Windsor knew or should have known about these problems, the company never recalled these windows and, in fact, makes it extremely difficult for property owners to file warranty claims to have their windows repaired, according to the suit. As a result, consumers claim that they’ve spent thousands of dollars repairing windows that failed well before their expected lifetimes.

What’s the Problem with These Windows?

It has been alleged that Windsor’s wood and wood clad windows were defectively designed, manufactured and engineered, meaning that even before they left their place of manufacture, the windows had inherent problems. Specifically, the windows allegedly allow water intrusion through unsealed or inadequately sealed frames and sashes, which can cause:

  • Leaking

  • Rotting

  • Premature failure or degradation

  • Condensation buildup

  • Water damage to surrounding property, including:

    • Flooring

    • Drywall

    • Insulation

    • Structural studs

What’s the Lawsuit Saying?

In the lawsuit, the plaintiff alleges that the Windsor windows on her home failed well within the company’s 10-year warranty. The lawsuits says that while Windsor made at least one repair attempt on the plaintiff’s windows after she filed a warranty claim, the problems persisted and the company ceased all communication with her.

According to the suit, Windsor’s wood and wood clad windows warranty is not a negotiated contract, but rather a “one-sided” agreement that shifts the burden of repair and replacement costs – even for defective products – onto the customer. The lawsuit alleges that, if properly disclosed, “no reasonable person would ever knowingly agree to” the company’s warranty.

For example, Windsor’s warranty for its wood and wood clad windows allegedly:

  • Excludes the cost of labor for removal, repair or replacement of defective parts, products or glass

  • Requires the homeowner to be able to identify a “defect” in their windows

  • Places unreasonable time limitations on notifying Windsor of defects

  • Shortens the warranty period by beginning from the date of manufacture, regardless of when the windows are installed and put into use and operation

  • Requires homeowners to produce information that may not be accessible or otherwise readily understandable

  • Purports to deny any performance ratings identified by the American Architectural Manufacturers Association (AAMA) and National Fenestration Rating Council (NFRC) that are affixed to the windows

  • Purports to deny any obligation to comply with building standards, including applicable building codes

  • Allows Windsor to inconsistently apply the warranty at its own discretion

The lawsuit alleges that Windsor “engaged in a pattern and practice of failing to honor or discouraging warranty claims by failing to respond to the homeowner, requiring the owner to pay for an inspection of the windows and/or requiring the homeowner to pay for all costs associated with repair or replacement of the windows, including the labor for such repair or replacement.”

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