What is the name of your state (only U.S. law)? New Mexico
I am hoping you can tell me whether I have a case to pursue against a business in Albuquerque, The XX. In short we purchased replacement windows for our home on June 29, 2010 for $11,995 and over a long struggle to get The XX to finish the installation, the work was finalized on January 12, 2011 (and this was only because the financing company GE Money Bank reversed the charges in our favor as the owner of The XX forged the completion paperwork and submitted it to the financing company before the installation was completed).
Even before the completion of the window installation and continuing into the course of 2011, we started having issues where we could see the light of day coming through the sides of several of the windows - as the caulking was shrinking and pulling away on the interior, and the cement that was used on the exterior to seal the windows was cracking and crumbling from around the windows. We placed numerous calls to The XX over several months and after getting the run around, we threatened to file another dispute with the financing company. Finally in September 2011, they sent an installer to re-caulk around the exterior of the windows with more cement. The installer also left a tube of interior caulking for my husband Mark to be able to use as needed.
On Sunday, January 22, 2012 we discovered that once again we are having the same issues where we can see the light of day coming through several of the windows. We placed calls to The XX the week of January 23rd, and were told by the owner JC that, "I am going to drop the ball on this one, you signed-off on the completion paperwork." We also called the district representative of MILGARD windows and were informed that The XX had been dropped as certified MILGARD window installers in 2010 and he advised us to contact a gentleman named KA who is a certified MILGARD window installer to come out and see if the windows had been installed correctly. Mr. A came out and upon his inspection he concluded that the windows installed by The XX are:
- too small (were measured and ordered incorrectly),
- not sealed properly (not weatherproof or waterproof; cement and fiberglass insulation should not have been used to seal around the exterior of the windows),
- per NM Construction Industries Building Code, tempered glass was not used on 12 of the windows that are 11 inches from the floor (safety hazard) - this is for over half of the replacement windows that were installed. We were also verbally told by The XX during the sale that the cost of the windows would be more because tempered glass would need to be installed per code. The salesman neglected to write this on the sales order.
Mr A advised that we either will have to invest in all new windows that are the correct size
OR
"fix" what is in place, which will also be thousands of dollars in parts and labor (and will not be up to building code, as well as a huge safety hazard is now left behind, for the windows that should have been tempered glass).
This is only a summary of all that we have had to deal with. I am hoping that you can point us in the right direction or advise us on whether there is any recourse we can take against The XX .
I am hoping you can tell me whether I have a case to pursue against a business in Albuquerque, The XX. In short we purchased replacement windows for our home on June 29, 2010 for $11,995 and over a long struggle to get The XX to finish the installation, the work was finalized on January 12, 2011 (and this was only because the financing company GE Money Bank reversed the charges in our favor as the owner of The XX forged the completion paperwork and submitted it to the financing company before the installation was completed).
Even before the completion of the window installation and continuing into the course of 2011, we started having issues where we could see the light of day coming through the sides of several of the windows - as the caulking was shrinking and pulling away on the interior, and the cement that was used on the exterior to seal the windows was cracking and crumbling from around the windows. We placed numerous calls to The XX over several months and after getting the run around, we threatened to file another dispute with the financing company. Finally in September 2011, they sent an installer to re-caulk around the exterior of the windows with more cement. The installer also left a tube of interior caulking for my husband Mark to be able to use as needed.
On Sunday, January 22, 2012 we discovered that once again we are having the same issues where we can see the light of day coming through several of the windows. We placed calls to The XX the week of January 23rd, and were told by the owner JC that, "I am going to drop the ball on this one, you signed-off on the completion paperwork." We also called the district representative of MILGARD windows and were informed that The XX had been dropped as certified MILGARD window installers in 2010 and he advised us to contact a gentleman named KA who is a certified MILGARD window installer to come out and see if the windows had been installed correctly. Mr. A came out and upon his inspection he concluded that the windows installed by The XX are:
- too small (were measured and ordered incorrectly),
- not sealed properly (not weatherproof or waterproof; cement and fiberglass insulation should not have been used to seal around the exterior of the windows),
- per NM Construction Industries Building Code, tempered glass was not used on 12 of the windows that are 11 inches from the floor (safety hazard) - this is for over half of the replacement windows that were installed. We were also verbally told by The XX during the sale that the cost of the windows would be more because tempered glass would need to be installed per code. The salesman neglected to write this on the sales order.
Mr A advised that we either will have to invest in all new windows that are the correct size
OR
"fix" what is in place, which will also be thousands of dollars in parts and labor (and will not be up to building code, as well as a huge safety hazard is now left behind, for the windows that should have been tempered glass).
This is only a summary of all that we have had to deal with. I am hoping that you can point us in the right direction or advise us on whether there is any recourse we can take against The XX .
Last edited by a moderator: