Window warranty not being fulfilled in a timely manner... maybe not at all

[crumb]

I live in Utah and built a home with a window company that warrantied the windows as long as I live here as the first primary owner. Four of the windows have developed problems which are covered by the warranty and so in March of this year I have submitted a request to get them handled by the company. They have accepted the warranty request and have told me they will replace the windows. But they keep giving me excuses why they aren't doing it. It began that they were backed up for a while. Then they could only give me one 3 hour window in a month and I was unavailable. Then when they finally could come when I was home they showed up and said two of the windows were damaged so they would need to reschedule. Now they are back to giving me the 3 hour window a month deal. And they won't do anything unless I am constantly calling them.
My question: Is there some legal thing I can do to get them to push things along? A letter from a lawyer or something? I just want my windows fixed and I am tired of calling these people. The most recent excuse they gave me was that the installer's wife was having a baby. I laugh because she realized she was pregnant around the same time I asked for the windows to be fixed haha... and I am still waiting.

 

[quincy]

I live in Utah and built a home with a window company that warrantied the windows as long as I live here as the first primary owner. Four of the windows have developed problems which are covered by the warranty and so in March of this year I have submitted a request to get them handled by the company. They have accepted the warranty request and have told me they will replace the windows. But they keep giving me excuses why they aren't doing it. It began that they were backed up for a while. Then they could only give me one 3 hour window in a month and I was unavailable. Then when they finally could come when I was home they showed up and said two of the windows were damaged so they would need to reschedule. Now they are back to giving me the 3 hour window a month deal. And they won't do anything unless I am constantly calling them.
My question: Is there some legal thing I can do to get them to push things along? A letter from a lawyer or something? I just want my windows fixed and I am tired of calling these people. The most recent excuse they gave me was that the installer's wife was having a baby. I laugh because she realized she was pregnant around the same time I asked for the windows to be fixed haha... and I am still waiting.

Were two of the four windows replaced already or did the company not install them?

You have at least a couple of options.

You could have an attorney send the window company a letter advising that a lawsuit is being considered and will be pursued if the damaged windows are not replaced within X number of days. Sometimes an attorney’s threat-to-sue letter can intimidate the recipient into acting. That said, the letter is just a letter with no force of law behind it, and the window company can choose to ignore it.

You also could hire another company to replace and install the windows and then sue the original company to recover your costs. There are problems with this, not the least of which is collecting any judgment on any lawsuit should you be successful with the suit.

Is this a small independent window company?

 

[adjusterjack]

I am still waiting.

Does this window company have a contractor's license?

 

[quincy]

Another question: Is the window warranty from the window company or from the window manufacturer?

 

[crumb]

-They didn't install any windows when they came by which was also surprising.
-They are a large company in multiple states (Cascade)
-They are the manufacturer. Part of their excuse is that they only have 2 installers for 3 states which is completely ridiculous if true.

 

[quincy]

-They didn't install any windows when they came by which was also surprising.
-They are a large company in multiple states (Cascade)
-They are the manufacturer. Part of their excuse is that they only have 2 installers for 3 states which is completely ridiculous if true.

Because customer reviews published online show problems with this company’s windows and the window warranties, you probably will want to have an attorney in your area personally review the issues you are having getting the warranty honored and the defective windows replaced.

This window company has been operating in six states (Washington, Oregon, Arizona, Colorado, California, and your state of Utah) but I believe Cascade was purchased in 2021 by another company (Cornerstone Building Brands). If this is true, I don’t know if the relatively recent acquisition has played a role in the problems customers are experiencing. It’s possible. The attorney you see can look into for you and advise you on your best course of action.

 

[crumb]

Funny you should mention reviews. I posted a review a couple days ago and yesterday they responded to the review that they would take care of it. Let's see what they do but I guess some public shaming my have done the trick.
If they were recently acquired that could be part of the problem. I had a couple windows fixed about 6 years ago and had no issues.

 

[quincy]

Funny you should mention reviews. I posted a review a couple days ago and yesterday they responded to the review that they would take care of it. Let's see what they do but I guess some public shaming my have done the trick.
If they were recently acquired that could be part of the problem. I had a couple windows fixed about 6 years ago and had no issues.

I do hope for your sake that your negative review of the company yields positive results. You got their attention, which is a plus.

Let us know if the company’s response to your published complaint actually translates to fast action. Fingers crossed.

 

[crumb]

Update... Today they were supposed to come and replace the windows. I have been waiting for them to replace the windows so I can put up my Christmas decorations. I have a party on Saturday and want the house decorated. Big tree goes in front of the big window that needs replacement. Little tree goes in front of another window that needs replacement. Well they didn't come. They said 2 of the windows had issues that they couldn't install them. They offered to come next week but I am not going to move Christmas Trees around so I told them to call back the first week of January. This company is a joke.

 

[quincy]

Update... Today they were supposed to come and replace the windows. I have been waiting for them to replace the windows so I can put up my Christmas decorations. I have a party on Saturday and want the house decorated. Big tree goes in front of the big window that needs replacement. Little tree goes in front of another window that needs replacement. Well they didn't come. They said 2 of the windows had issues that they couldn't install them. They offered to come next week but I am not going to move Christmas Trees around so I told them to call back the first week of January. This company is a joke.

Thanks for the update. It might be time for you to get an attorney involved. A threat-to-sue letter could spur the window company to action.

Good luck.

 

[Zigner]

Thanks for the update. It might be time for you to get an attorney involved. A threat-to-sue letter could spur the window company to action.

Good luck.

The OP has agreed to a delay until January. There's no point in getting an attorney now since the OP and the company have come up (begrudgingly) with a mutually agreeable arrangement.

 

[quincy]

The OP has agreed to a delay until January. There's no point in getting an attorney now since the OP and the company have come up (begrudgingly) with a mutually agreeable arrangement.

True. Crumb can meet with an attorney in January, this after the window company comes up with yet another excuse why they are unable to install the windows.

 

[crumb]

Ya I will wait until their response in January.

 

[quincy]

Ya I will wait until their response in January.

I hope the New Year brings with it some new windows for you! Enjoy the holidays.

 

[crumb]

Thought I would give an update. They finally came by and replaced the windows the end of January. It only took them a year haha. The bad news is I found at least one more window that needs to be warrantied. I will wait a couple months so I can check all my windows for problems and see how they respond to another request.