Premises Liability Window installation nightmare

W

WeatherTop2011

New Member
Jurisdiction
California
We went into contract with a big box store to update our exterior windows from single to double pane.

We allowed them all the necessary visits to measure, write a contract and pay a deposit.

On the day of install, the measurements were found to be so wrong that the ordered windows would not fit in the sill and existing flashing.

BFD right?

WRONG

The installer checked that the measurements on paper matched the new windows and began demolition of ALL the existing windows.

It wasn't until he went to put in the new windows that he realized the measurements were off by roughly 1 1/4 inch. The ordered windows were too large to fit.

He slapped the windows up so we weren't completely exposed to exterior environments. I can explain this more in detail if asked.

The supervisor or manager is working on expediting new windows but won't tell us about compensation in till he talks to his boss.

The job was roughly 9k. Should I persue a pro lawyer?
 
WeatherTop2011 said:
Should I persue a pro lawyer?
Click to expand...


You can hire a lawyer if you are so inclined, but you have zero damages, other than an inconvenience.

The contractor provided a temporary repair, and you expect a permanent solution soon.

It wouldn't hurt to ask the store about something (maybe knock off $1,500 to $3,000) for the extreme inconvenience.

Whatever you do, do it as a distraught, hurt, inconvenienced customer.

Don't confront, cry, look sad, get the management on your side, get them to feel your pain.

Not much else there, mate.
 
Not yet. Your easiest and least expensive solution is to be patient and work this out with the store. See what they have to say and negotiate. You are in the driver's seat here.
They have apparently damaged your home. You might negotiate a significant discount over all of this. This now about more than just replacing windows, but rather fixing the house.
You might contact your homeowners insurance and see what they say about this too.... but I wouldn't start searching for an attorney unless the store does not make a reasonable effort to resolve the problem and you have a significant loss or damage.
Mistakes are made. It's part of life. Unfortunately the correct windows aren't on hand so you will be inconvenienced for a bit. I would expect a big box store to be very accommodating.
 
If they get the correct windows installed in a reasonable time-frame then you are made whole and there isn't anything to sue for. They might volunteer a few bucks on their own.
 
Thanks for all the replies. A lot of friends, family and neighbors were telling me I should get a free install. Seemed steep to me so I figured I'd ask you fine people.

As far as the "compensation for what?" commment. My house is temporarily ruined from negligence. Why should I pay full price?
 
I don't get the "ruined" part. Maybe it's ugly but it is temporary and really what does that cost you. Free install, eh I don't know about that either. Follow armyjudges advice and you will probably get something.
 
WeatherTop2011 said:
As far as the "compensation for what?" commment. My house is temporarily ruined from negligence. Why should I pay full price?
Click to expand...

As I wrote previously, a mistake was made, and the mistake is apparently being fixed. Right? As a matter of good customer service, it might behoove the installer to give you a discount, but the only legal requirement is that the damage be fixed.
 
I totally agree zdood. All they have to do is complete the contract. A discount would be great.
"Ruined" is a bit dramatic. The home's value is decreased significantly until fixed.
Now I have reasonable arguments when my wife freaks out if we don't get enough of a discount in her eyes.
 
Well perhaps you can remind your wife that none of the friends and neighbors with so much helpful advice are attorneys and attorneys and lawsuits cost a lot of time money, so a lawsuit just isn't practical in this situation.
 

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