Firm-Wide blog

Defective Aluminum–Clad Windows Mean Trouble for Homeowners

By Burg Simpson
July 8, 2016
3 min read

When you buy or build a home you do not expect your windows to be defective. Thousands of homeowners nationwide, however, may have defective aluminum-clad windows installed in their homes. Unfortunately, many of these homeowners are in the dark about the cause of their problem until after spending thousands of dollars replacing windows they should not have been sold in the first place.

One class action lawsuit in Florida has been settled by manufacturer MI Windows and Doors (“MIWD”). The lawsuit started because homeowners realized that condensation or fogging between the panes of glass was caused by faulty seals installed within the aluminum-clad frames. The broken seals and condensation caused energy loss through the windows, which resulted in higher home energy bills, not to mention the cost of replacement that many of the homeowners incurred before realizing the problem affected all of their windows. This defective construction product case includes a broad class of plaintiffs and claims that allowed it to grow quickly, involving at least thirteen MIWD window brands manufactured between July 1, 2000, and March 31, 2010.

Most of the windows complained about in the MIWD class action were less than 10-years old, an almost sure sign of defective construction materials and products. The most common signs of defective windows include:

  • Condensation between the glass sheets.
  • Foggy, murky or cloudy glass.
  • Higher than normal energy bills despite conservative energy use.
  • Visible residue line around the windows causing discoloration.

MIWD said they settled the claims because they did not want to incur the significant costs and uncertainties in a prolonged litigation; however, the manufacturer stopped short of admitting any fault.

While most homeowners do not think about their windows when buying or building a home, cases like this one show that it is something to be considered. At the very least, you should be aware of the warranty available on your windows and keep a copy of it to refer to in case something goes wrong. It can also be worth your time to ask the builder or contractor what kind of materials and products are being used, and then do a quick search online to see if there are any reported problems. Those few minutes of research could save you thousands of dollars later.

If you are concerned about an issue with windows or any other building products used in your home please contact us. At Burg Simpson, our construction defect attorneys have helped many clients succeed in claims against those responsible for defective materials and products used in home construction. We offer a free consultation so click the case evaluation button to contact us today.

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