Expert: Timmy Chou - 6/22/2011

Question
Hi,

I have a home owner's question in regards to my windows. I built my home in 2002 and moved in, in 2003. I have Certainteed Windows, which were installed in 2002.  I noticed the rubber rotting away on several windows and filed a claim with Certainteed in 2008.  In 2009, a representative came to the house, said it was out of warranty, stated they never saw anything like this before and then mailed us some parts to replace it.  It is extremely difficult to do and would cost me over 500 dollars to hire some one. I left it go (ignored it) and now it is 2011 and every window in the house has black rubber rotted around all the windows.

I now call Certainteed back, they said the same thing again, but now they say that I probably put something on it, b/c they have never heard of this. The company no longer makes windows (probably b/c of these problems) and says the replacment part I need will not be made, but they will try to look for some parts for me.  

My question is what should I do to get this problem resolved. I know the rubber is going to rot again. I should not have to pay for this and now in a few years, I am out of luck. The Certainteed company said that if this happens again, they will look at it then and give a monetary reimbursement.  This is not true, as why don't they do it now?  I

I want to know who I can contact to get help.  I have called Certainteed several times and tried to talk to a supervisor and all I can get is some replacement parts that I will have to hire someone to put it.  The windows could break and get scratched trying to do this, since this is hard.

It doesn't seem fair that I have a new home and have not been able to get help.

Any suggestions for who I can contact? the business bureau?

Thanks in advance,

Heidi

Answer
Thank you for your question!

Sorry for the delay as the system just notified me this morning of your question.

As I always mention to questioners, mediators act as neutral third parties to disputes and never "get involved" in judging the merits of conflict, but merely use special techniques to help the parties decide how to negotiate their own settlement. The case you describe here is unfortunately very typical.  I am not a lawyer, nor can I mediate your dispute with just you alone but I can respond to your question from my business consulting experience.  Note that this issue may develop legal implications and you may wish to consult an attorney.

IMO you are entirely in the right, but as you have seen, no one cares.  You appear to have complete documentation of your position, but again, no one cares.

You have to remember that big companies (and many other large bureaucracies from hospitals to utilities) are just large machines with small people just doing their best to clear their desks and make their quotas.  Its not personal, but they know darn well that it will cost you $5k to hire a lawyer and sue them for the same amount--which makes little sense.  You may be right, but you will not be money ahead.

You can continue to threaten them but they know you will not bite the bullet and pay to sue, therefore its a waste of time.  

Here's your only effective next step:

1.  You must try to create as much collateral pressure on them as possible in order to create leverage.      

2. You must write and tell your story and publish it far and wide.  Send your letter to:

a.  Your State's Contractor's Licensing Office.
b.  Your State's Consumer Protection Office.
c.  Any and all state or city building associations or inspection offices.  
d.  Your local TV stations and newspapers.  
f.  Be sure and tell Certanteed that you intend to refer to them in your correspondence to all these folks and that you request that they intervene on your behalf and/or advise others to stop using the service.  
g.  The Better Business Bureau
h.  Online rating sites such as AngiesList.com and any other blogs that refer to remodeling or other DIY construction.

Mail any letters certified, copy your attorney (if you have one), and the Federal Trade Commission.  Be sure to have the copied groups listed at the end of your letter so that Certainteed knows you are serious about your threats and that they will be mentioned in all your complaints to anyone and everyone.

If the company is convinced that: 1) you are not backing down; 2) you are going to raise hell and tell everyone; and 3) it will likely cost more money to deal with you than it would to settle with you; than they will make a business decision and take care of you.

These are some ideas.  Feel free to follow up with additional questions.

In all my answers, and for your information, the pros and cons of the types of dispute resolution are provided below.

GOOD LUCK!

Arbitration, Mediation, and Litigation

Arbitration: the referral of a dispute to one or more impartial persons for final and binding determination outside of the judicial system

Benefits of Arbitration:

   Confidential, no public record
   Limited exchange of documentation, information
   Quick, don't have to wait for a court date
   Arbitrators have expertise in the subject matter and are trained in conflict resolution
   Cheaper than litigation
   Preserves business relationships

Negatives of Arbitration

   It's a compromise, no %100 winner
   Complex arbitration can be costly
   If not satisfied, may litigate the arbitration procedure
   Poor results with an unskilled arbitrator
   Both parties must agree to cooperate in the process

Mediation: the process by which parties submit their dispute to a neutral third party (the mediator) who works with the parties to reach a settlement of their dispute.

Benefits of Mediation:

   Neutral mediator can objectively suggest alternatives not considered before
   Parties are directly engaged in negotiating the settlement
   Can be quicker than litigation
   Less costly than litigation
   Preserves business relationships
   85% of American Arbitration Association cases mediated find successful solutions

Negatives of Mediation

   may not reach a binding decision
   unskilled mediator

Litigation: using the judicial system to resolve disputes

Benefits of litigation:

   a clear winner and loser
   uses a prescribed set of procedures
   more predictable outcomes
   is final

Negatives of Litigation:

   waiting for court dates can do more harm
   usually more expensive than mediation and arbitration
   part of the public record