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Old 12-28-2013, 06:45 AM   #16
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Vinyl window install


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Originally Posted by station1111 View Post

Can, I sue him for breach of contract? For not installing the windows properly? Better yet, using block frame windows (inappropriate) window install for a stick frame house. He just can't take our money and run or can he?

Thanks
Sure, you can sue anybody for anything. Collecting is another matter. If you take this to small claims court, The judge, most likely, will find in your favor. Your case will hold more water if you can get a statement from the contractor who repairs this mess to state that it was dome wrong in the first place. If the judge does find in your favor, he will issue a judgment in your favor. However, he probably won't be standing right there making sure the guy writes a check to you. Collecting on a judgment is usually your responsibility. In some cases wage garnishment may be set by the court. With a judgment though, you can report him to the credit reporting agencies if he does not pay.

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Old 12-28-2013, 07:16 AM   #17
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Thank you michelclarke. What happens if he refuses to fix it properly.
Thanks.
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Old 12-28-2013, 07:25 AM   #18
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After doing some reseach I read about screw and glue vinyl window install. Is this method illegal? Reseach states you can get water intrusion and it is not an air tight install?

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Old 12-28-2013, 07:28 AM   #19
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Last edited by joecaption; 12-28-2013 at 07:33 AM.
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Old 12-28-2013, 07:30 AM   #20
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Danpik,
Since the contractor is licensed and bonded, can we go after his bond?
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Old 12-28-2013, 07:37 AM   #21
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joecaption,

Screw and glue was a process used where finless windows were screwed into the jambs and caulked into double walled frame homes, or with regular sliding, without any type of proper flashing. You can find the article on the internet, (Screw and glue or just plain screwed?. How were you new vinyl windows installed? It was written by a Home inspecter in Washington State.
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Old 12-28-2013, 07:45 AM   #22
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A bond in this case in my opinion would be useless.
He showed up and did the work.
A bond has nothing to do with him doing it right.
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Old 12-28-2013, 11:42 AM   #23
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To the OP,
In the subject of recourse and resolution with the original contractor--
the state you live in governs steps and procedures.

There is often a right to repair afforded to the original contractor, and rights of acceptance on the part of the homeowner. It looks like you are in Oregon, and such right exists there. These two links help to provide some insight into your state, and there should be more info on your states gov page or contractor's board page. You'll need to research it out, for a thorough accurate picture and understanding.

http://www.stoel.com/files/NoticeOfProcedure.pdf

http://ccbed.ccb.state.or.us/WebPDF/CCB/Publications/Resolvingdisputeswithyourcontractor7-1-11.pdf

There should also be some info on bonds etc. However, a contractor being bonded, like most things has its own types, limitations and procedures to enact.

You've been given some great assessment here it looks like on the work performed. Print it out for your onsite visits.

Get a couple of reputable contractors/window installers, which ever would be more appropriate to come and further assess what was done, as well as provide estimates for repair. If you want to take it a step further, get a formal inspection report on the work as well.

Per whatever your state's requirements are prepare a certified letter to the original contractor, with photos, list of deficiencies, estimates to repair etc, and send it. You can also of course engage an attorney as well to do so as well, or consult on the matter so you have a good understanding of the legalities.

Give him whatever time he is to be afforded to come up with an acceptable resolution for you.

If that has not occurred you can then file a complaint with your state, if you so choose, and/or explore legal avenues.

Good luck!
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Old 12-28-2013, 03:25 PM   #24
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Explore your local options. We start with the Attorney General or small claims court, each region/state may be different. Been there done that, sorry another has to follow this path. I wish you success.

Gary
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Old 12-29-2013, 04:09 AM   #25
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Gary,

Thank you for all of your help! It is people like you who make this crazy world of remodeling/home repair a lot easier. We will take your advise and explore the best option to fix this nightmare.

I hope this never happens to anyone else who has replacement windows done to there home.

Once again, Thank you Gary.
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Old 12-29-2013, 04:19 AM   #26
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Steelgoddess,

Thank you for you advise too! I greatly appreciate you thoughtful insight to our situation.
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Old 12-29-2013, 09:37 AM   #27
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i need to ask..how did you hire this ''installer''?was it a recommendation?an ad?
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Old 12-29-2013, 10:15 AM   #28
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It was Angie's list.
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Old 12-29-2013, 10:38 AM   #29
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Sorry to see this happening for you.

Angie's List is certainly a tool in the process of evaluating a contractor but not a magic bullet as demonstrated here.

The other advice you got about how to proceed seems solid.
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Old 12-29-2013, 10:44 AM   #30
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I concur with your statement. We plan on living out our lives in this house. Believe me, this will never happen again in mylife time on any home remodel/repair!

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