Class Action Complaint Filed Against MI Windows and Doors

August 9th, 2012 | Category: Industry News

A class action complaint was filed on July 23, 2012, in the U.S. District Court of Kansas against MI Windows and Doors (MIWD) by Jennifer and Scott McGaffin, on behalf of themselves and all others similarly situated. According to court documents, the plaintiffs assert unfair and deceptive trade practices in violation of the Kansas Consumer Protection Act, negligence, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose, fraudulent misrepresentation, fraudulent concealment, unjust enrichment and seeking damages and declaratory relief in connection with defective windows designed, manufactured, marketed, advertised and sold by MIWD.

One of the plaintiffs’ contentions is that MIWD designed, manufactured and supplied vinyl windows which relied upon adhesive-coated foam tape to prevent water intrusion through the glazing, and other sealant materials to prevent water intrusion through the sill joints.

According to court documents, “the windows are defective and fail to perform both at the plaintiffs’ residence[s] and at Class members’ residences in that the windows rely upon foam tape between the glass and the vinyl to prevent the intrusion of water. However, MIWD failed to install the foam tape in sufficient compression as required or recommended by the sealant tape manufacturer, which results in premature foam tape performance failure.”

Further, court documents say that “MIWD knew or should have known that the windows were defective in design, were not fit for their ordinary and intended use, and failed to perform in accordance with the advertisements, marketing materials and warranties disseminated by MIWD and further failed to perform to the reasonable expectations of ordinary consumers.”

The plaintiffs allege that MIWD has been put on notice of the widespread defects in its products in Kansas by a number of homeowners. “MIWD knew or should have known that the defects were present at the time the products left its control, not only because of its expertise and testing, but also because of the notices of defect that it was receiving from the field,” reads the complaint.

The plaintiffs also make several allegations related to the window company’s warranty. “MIWD ships a warranty with its windows. However, homeowners generally do not receive the warranty and are not on notice of its limitations, as the window stickers are typically removed by the builder to improve the appearance of the home,” write the plaintiffs. “Defendant MIWD’s shipping of the windows with prior knowledge of the defects or with negligent or reckless disregard of the presence of defects constituted a breach of its express warranty, and makes the limitations of the express warranty unconscionable in all respects, and therefore void.”

According to court documents, the amount in controversy in the suit exceeds $5 million “exclusive of interest and costs” and there are 100 or more members of the proposed plaintiffs’ class which include Jennifer and Scott McGaffin, whose home was built in 2008. The plaintiffs further allege that the windows manufactured by MIWD “suffered premature failure” and thus the homeowners had to replace the windows at their own cost. Court documents also claim that the “plaintiffs contacted MIWD about the damage from their defective Windows, but were told that the windows were not installed correctly.”

Court documents define the damages class as “All persons and entities that own a structure located within the State of Kansas in which MIWD’s 8500/4300/3500 windows are installed, who have not had their windows replaced or been compensated for their loss in full by defendant, and who are not covered by the terms of the defendant’s express warranty.”

A representative of MI Windows and Doors told DWM magazine that it “must now contain its comments to the litigation process.”

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  1. Yes, atleasts my three windows leaking.

  2. Our home was built in 2004. After moving in January 2005, at least a dozen calls were made to the builder and the company that installed the windows. Most of the windows in the house leak air. Especially bad are the windows in our master bedroom and family room. The installer came our multiple times to check them and in most cases just added more foam insulation. Now some of the windows have dust between the panes, which I have been told is due to dust being imbedded into the glass when the windows were manufactured. The windows dont even fit tight enough to keep out dust, and I am constantly dusting. We are tired of feeling air come in and dusting, and are having to pay to have windows replaced.

  3. I do not ever intend to buy MI products ever again !!!!!
    wait until you need to find a replacement glass assy> !!!!! I have used 6500 series and 8500 series JUNK JUNK JUNK !!!!

  4. I have 35 CertainTeed Bryn Mawr windows installed in my home in Richmond, Va. and 30 have seal issues. The company no longer manufacturers the replacement glass assemby needed. I was instructed by the company rep recently, to get a price quote from an independent glass company for the glass replacement cost. But, they would have to approve the cost of the replacement and I was totally responsible for the labor. The rep commented that it was “very unusal” for so many windows to have seal issues. I find that very hard to believe.
    My windows were installed in 2001 and all of them had to be replaces twice (2X) immediately, because the glass was washed with dirty water prior to assembly. So needless to say, it was a rocky start.

    I’m sure that the 4 of us are not the only ones with CertainTeed window seal problems. Can we be included in a class action law suit? Majority always rules.

  5. I purchased two MI windows 3740 series about a year in a half ago. I never knew there was a problem with MI windows until one rainy day my wife and I decided to change the curtains and discover the windows was leaking. One the windows was leaking so much we had to put towel at the bottom interior of the window, We couldn’t believe it. I call the company and talk to manager and email them, and sent pictures, they just gave me the run around. asking for: a receipt, the date I purchase my home, a utility bill showing place residence and so on. After I supplied them with the warranty information. What a company, they deserve to be sued. I Will never buy MI products again and advise everyone I know not to buy their products.

  6. I installed 16 Certainteed Bryn Mawr 2 in my house in 2005/2006. All the 16 windows leak a LARGE AMOUNT of air through the channel/side. I did a long research before going with Certainteed and every contractor I talked with – at that time – advised that “Certainteed Bryn Mawr 2 is the best you can get” .
    Obviously evry contractor I talked to was “the best idiot I can get”. Now I’m filing a claim with Certainteed and I might sue them if I can.

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