Single hung windows that failed to perform as promised Lawyers at our firm who specialize in class action lawsuits had been offering free legal consultations to homeowners who had experienced problems with single hung windows manufactured by MI Windows and Doors. Specifically, homes fitted with 8500/3500 single hung windows that failed to perform as promised.
A class action lawsuit was filed accusing MI Windows and Doors of, among other things, negligence in the manufacturing and marketing of these single hung windows. The class action alleged that individuals whose homes were installed with 8500/3500 single hung windows experienced moisture and water intrusion, which led to mold and mineral deposits that damaged homes and property.
In February 2015, a preliminary class action lawsuit settlement was approved to resolve a class action lawsuit brought against MI Windows and Doors, LLC over allegedly defective MI windows glazed with Glazing Tape. The settlement applies to individuals who own or owned property with MI Windows and Doors windows manufactured between July 1, 2000 and March 31, 2010 and applies to current and former homeowners for claims for replacement sashes, repair service, monetary damages, and other benefits; contractors and developers may also file claims if they own a home or structure with involved MI Windows and Doors windows.
The lawsuit remains pending in the United States District Court for the District of South Carolina and the settlement covers alleged water leakage and damage to windows and property. The lawsuit alleges that certain windows are defective and leaking. The settlement covers alleged leaking tape-glazed windows includes the following brands:
According to the preliminary settlement order, the nationwide Settlement Class contains a “Homeowner Settlement Class” and a “Contractor/Construction Settlement Class.” The Homeowner Settlement Class refers to all people who purchased or came to own (through assignment, transfer, or otherwise) the affected windows, as well as individuals who have a legal obligation to maintain or repair the product. The Contractor/Construction Settlement Class includes persons who, “while engaged in the business of residential construction, were involved in any respect in causing MIWD’s Product to be acquired for or installed into Affected Property, and also includes all Persons who continue to own such Affected Property at the time of Notice (including developers, builders, contractors, subcontractors, and all other persons or entities involved in the purchase, installation, or supervision of the installation of MIWD’s Product)”
MI Windows and Doors, Inc., based in Pennsylvania, is one of the largest manufacturers of vinyl, aluminum, and cellular windows and doors in the country. Marketing materials for the single hung windows sold by MI Windows and Doors promised that the products were free from defects in material and workmanship. However, the MI Windows and Doors class action lawsuit alleges that the 8500/3500 single hung windows contain a defect along the lower portion of glass, which may cause water intrusion into the structure that may, in turn, lead to mineral deposits and mold developing and accumulating in the area. The lawsuit further alleges that this allows water to enter and cause damage to other property within the home.
It is alleged that MI Windows and Doors knew of this defect, but did not notify all purchasers of the 8500/3500 single hung windows or offer any remedy. Despite this knowledge, the express warranty provided by MI Windows and Doors does not cover labor or installation costs associated with replacement, nor does the warranty cover subsequent purchasers of a home that contains these windows.
Owners of homes that contain these single hung windows have had to pay substantial costs for labor and installation of replacement windows. They have also had to repair or replace other property in their home because the alleged defect allows water leaks to drip onto their walls and floors. The values of homes that contain these windows have also been diminished because of the alleged defect and accompanying damage.
If your home was fitted with 8500/3500 single hung windows manufactured by MI Windows and Doors, Inc., and you have experienced moisture and water intrusion that has damaged your home and property, we urge you to contact us today. To discuss the MI Windows and Doors class action lawsuit with one of our lawyers, please fill out our online form, or call 1-800-YOURLAWYER (1-800-968-7529).
