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window ordered incorrectly - owner won't fix

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mdelpaz6551

Junior Member
What is the name of your state (only U.S. law)? MI

I ordered several replacement windows for my home. All but one of the windows is as expected but the largest window on the order came in a 1/4-1/2-1/4 configuration when it should have been 1/3-1/3-1/3 which is how the original window is designed. Upon hearing of the problem, the owner of the company became irate, insisting that he did not make a mistake. The contract says only "upper bedroom 3 lite ev" and the cost. No measurements or design information was included. I would have liked the rest of the windows installed but the owner pulled the crew from my home after installing only one small window. Though I am happy to pay for the window he installed and for the other windows (after installation) that were as expected; he refuses to install them saying that he will sue me for breach of contract. I am not trying to get out of the contract (though I would love too as the owner is extremely difficult and I have warrenty concerns) I just want the one problem window reordered. He will not talk to me without shouting. What do I do next? That he wants to sue me at all seems insane - we are only talking about a $746 window; but that he wants to sue for the entire order ($4695) seems suspect to me.
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? MI

I ordered several replacement windows for my home. All but one of the windows is as expected but the largest window on the order came in a 1/4-1/2-1/4 configuration when it should have been 1/3-1/3-1/3 which is how the original window is designed. Upon hearing of the problem, the owner of the company became irate, insisting that he did not make a mistake. The contract says only "upper bedroom 3 lite ev" and the cost. No measurements or design information was included. I would have liked the rest of the windows installed but the owner pulled the crew from my home after installing only one small window. Though I am happy to pay for the window he installed and for the other windows (after installation) that were as expected; he refuses to install them saying that he will sue me for breach of contract. I am not trying to get out of the contract (though I would love too as the owner is extremely difficult and I have warrenty concerns) I just want the one problem window reordered. He will not talk to me without shouting. What do I do next? That he wants to sue me at all seems insane - we are only talking about a $746 window; but that he wants to sue for the entire order ($4695) seems suspect to me.
Who did the measuring and submitted the specifications for the replacement windows? Was that you, or was it a representative or contractor who worked for the window company?

The person responsible for the mistake is the one who provided the specific dimensions for the window that was ordered incorrectly. If it was the company representative, then you have no liability here as you did not give the information upon which the wrong window was ordered.

If the owner refuses to install the windows, that is not a breach on YOUR part, it is a breach on THEIRS. Instead of calling the owner, place your demands IN WRITING that he complete the work as the contract states. Also make a complaint with the local Better Business Bureau and/or contractor's licensing authority to ensure that you have done all you can to get the work done from your standpoint. I would also suggest getting an estimate to complete the work (along with the correct window replacement) just in case they do try to sue.
 

davidmcbeth3

Senior Member
the contract is written in a manner that appears to suggest that the windows should actually fit (crazy idea huh?) if he has not done that then he has not filled his responsibilities. I would suggest writing a letter ; to his registered agent (if a LLC or corp.) via cert. mail. I would suggest an agreement to cancel the order (yelling at a client? whats he going to do if you have issues later..yell some more?).
 

Hot Topic

Senior Member
Complaints with the BBB are usually worthless. The bureau has no authority to force either side to do anything they don't want to do. All they can do is place a letter of complaint in the company's files. If someone researches the company before they contract with them and sees a single complaint, they may or may not decide to do business with that company. Realistically, how many people do that kind of research?
 

justalayman

Senior Member
a point of clarification:

the OP is not saying the window will not fit. He has a window that is split into 3 sections (left to right). The window that was in place had each of those sections equal (1/3, 1/3, 1/3). The new window is also 3 sections but the splits are not the same. The new one, the left side pane is 1/4 of the total width, the center pane is 1/2 the total width and the right pane is 1/4 the total width hence; 1/4, 1/2, 1/4
 

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