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Rotted Pella Window & Class Action Lawsuit Question

Started by Old Moparz, December 11, 2012, 12:35:52 PM

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Old Moparz

I know there are a few home builder / home improvement guys on here, so maybe you can help with a question regarding a window warranty.

I had purchased & installed 4 Pella Proline, double hung windows with aluminum cladding in my garage & my house. The three in the garage are about 15 years old & appear okay, but the one in my house is several years newer & may still be within the warranty period. (Need to find the receipt) These are part of the same 6 MILLION windows that were constructed within the time frame of 1991 through 2006 involving a class action suit against Pella for rotting wood under the aluminum. I have rotted wood issues in this window that Pella refuses to resolve stating that the window is out of the warranty period.

I will need to dig through receipts to verify the age of the window, but since I read that the class action suit was settled on windows built in the same period that I bought mine, does anyone know if I have any recourse on a replacement sash?

I'm not looking for an entire window replacement, just the upper sash that failed.

Story on settlement.....

http://articles.chicagotribune.com/2012-06-22/business/chi-pella-windows-suit-20120622_1_pella-wood-rot-windows

I know everyone likes pictures.   :lol:

So here are a couple showing the aluminum falling off the window & the rot from the inside.
               Bob               



              Going Nowhere In A Hurry

bakerhillpins

Well, its free advice so you know what that gets you.  No lawyer either.

If you kept your receipt you should be able to get your satisfaction. I would also expect that somewhere on the window there was a MFG date printed. However, that is probably buried under the trim or siding and that would I suspect give you the proof of inclusion in the CLA.

Here is the kicker though. With the age of that window I suspect that you woudn't get a replacement sash anyhow because it's probably not even made anymore. So they may just give you some adjusted $s and send you walking. Either way you are going to have to do more work to replace the windows in the jamb or pull the window.  I doubt there will be any $s in there for labor either.

Then there is the age old problem that you will invest 20hrs of your time into something that nets you $400. AND you still have to fix the problem (labor).  This is where companies win regardless of their warantees or the CLA. 

Personally, I would try to hit up local salvage yards and see if you get lucky with finding an old sash or just buy a new window and replace it. I think you will have less into it than you will trying to "win".  Depending upon the trim detail inside/outside your home you could change the whole window out in ~2 hrs. 

:Twocents:
One great wife (Life is good)
14 RAM 1500 5.7 Hemi Crew Cab (crap hauler)
69 Dodge Charger R/T, Q5, C6X, V1X, V88  (Life is WAY better)
96' VFR750 (Sweet)
Capt. Lyme Vol. Fire

"Inspiration is for amateurs - the rest of us just show up and get to work." -Chuck Close
"The difference between stupidity and genius is that genius has its limits." -Albert Einstein
Go that way, really fast. If something gets in your way, turn.
Science flies you to the moon, Religion flies you into buildings.

Old Moparz

Yeah, I agree with you & pretty well aware of the time & aggravation involved.   ::)

The one window that failed is borderline of the 10 year warranty period, I just need to find the receipt that I know I still have. It wasn't an expensive window, maybe $150 or so, but the replacement sash is almost that much & I would rather buy an entire new window instead of chancing that other parts of the damaged window won't fail in the near future. Sad part is that I am positive that this thing started to rot while under warranty which was long before I found out. I went to open the window & the aluminum came off in my hand with sawdust that used to be wood falling out.

More than likely I'll just order a new window from A DIFFERENT MANUFACTURER & just install it. I've put Andersen, Crestline, & a couple of others in over the years & never had issues. There's a bunch of Andersen windows that have been in one house that I did over 25 years ago that are still okay. Guess I should have bought Andersen for myself.   :lol:

               Bob               



              Going Nowhere In A Hurry

Charger_Dart

I received a letter yesterday about the CAL on Pella Pro-Line windows. My house was built in 2005 and all the windows in the house and garage are Pro-Line.  :icon_smile_angry:

I can't find anything wrong with any of them, but it sure does make me concerned about what the future holds... From what I understand if you have not had an issue you can't be a part of the CAL.

Just my luck and they will start having issues in a year or two...
68 Charger R/T & 68 Dart GT Convertible

Old Moparz

Quote from: Charger_Dart on December 11, 2012, 03:22:49 PM
I received a letter yesterday about the CAL on Pella Pro-Line windows. My house was built in 2005 and all the windows in the house and garage are Pro-Line.  :icon_smile_angry:

I can't find anything wrong with any of them, but it sure does make me concerned about what the future holds... From what I understand if you have not had an issue you can't be a part of the CAL.

Just my luck and they will start having issues in a year or two...


I'm worried about my other 3 windows as well.  :o 

The sliding door I have I'm not sure about installing now. I bought it for a future project around the same time I bought the window that rotted, but it's still wrapped. It was a special order that was never picked up & it was the right color & the right size I needed. It even included the sliding screen door for about half the price. I'd sell it, but I'd feel like crap thinking someone would dish out money & have a rotted door in a few years.
               Bob               



              Going Nowhere In A Hurry

Old Moparz

Quote from: Charger_Dart on December 11, 2012, 03:22:49 PM
I received a letter yesterday about the CAL on Pella Pro-Line windows. My house was built in 2005 and all the windows in the house and garage are Pro-Line.  :icon_smile_angry:

I can't find anything wrong with any of them, but it sure does make me concerned about what the future holds... From what I understand if you have not had an issue you can't be a part of the CAL.

Just my luck and they will start having issues in a year or two...


Charger Dart, look what I found...... http://www.windowsettlement.com/

Not sure if it will resolve anything, but I am going to read through it further & fill out whatever form there is.



Welcome to the Information Website for the Pella ® ProLine ® Windows Litigation Settlement

If you are a current or former owner of a home or other structure that contains Pella ProLine Casement Windows, you may qualify for benefits from a class action settlement.

A settlement has been reached with Pella Corporation and Pella Windows and Doors, Inc. ("Defendants") about Pella ProLine brand casement, awning and/or transom windows (including 250 and 450 Series) manufactured by Pella Corporation between 1991 and 2006 ("Pella ProLine Casement Windows"). The Settlement covers possible water intrusion and damage to class members' windows and property.

Plaintiffs allege that Pella ProLine Casement Windows manufactured by Pella Corporation contain defects that have caused water intrusion and resulting damage to the windows and Plaintiffs' property; that some Pella ProLine Casement Window owners have paid for repairs or replacements of their subject windows; and that some owners will require future repairs or replacements of their subject windows. Defendants do not believe that there is any defect in these windows and assert numerous defenses to Plaintiffs' claims. A copy of the Settlement Agreement ("Agreement") is available on the Important Documents page of this website, and describes details about the Settlement.

To obtain any benefits for Eligible Damage (as defined in the Agreement and described in FAQ 8) that existed or exists prior to July 23, 2013, you must follow the Instructions that accompany the Claim Form or Arbitration Form (you must elect either the Claim Process or the Arbitration Process). The postmark deadline to timely file a Claim Form or an Arbitration Form is July 23, 2013. All Claim Forms or Arbitration Forms, together with supporting documentation or information, as applicable, must be mailed by first-class United States Mail to the Settlement Administrator at the address provided herein and on the respective Claim and Arbitration Forms.



EDIT.... Oh well, looks like I will have to eat the window. The settlement excludes double hung windows.   ::)
               Bob               



              Going Nowhere In A Hurry

Charger_Dart

well all of mine are double hung windows so I guess I am out also.
68 Charger R/T & 68 Dart GT Convertible

richRTSE

QuoteWhat if I have a Pella product that has leaked or caused damage, but is not the type of window which is the subject of this lawsuit? Am I still eligible to file a claim?

No. Only those with Pella ProLine brand casement, awning and/or transom windows (including 250 and 450 Series) manufactured by Pella Corporation between 1991 and 2006 ) are eligible to file a claim under this program. If you have a Pella window or product which you feel may have leaked or is leaking, please contact Pella customer service at 877-473-5527.


Is this the same # you already called?

Old Moparz

Quote from: Charger_Dart on December 11, 2012, 04:51:58 PM
well all of mine are double hung windows so I guess I am out also.


Maybe we can turn them sideways & glue crank handles on them & they'll be covered.   :shruggy:

Well, my decision is fuck Pella.

I don't do home improvements full time anymore, but every now & then I do something. I helped a friend put all new windows in his house a while back, but I can't recall if they were Pella. I had liked Pella, & they may have corrected the issue, but I won't buy, install or recommend them ever again.

Typical of a poor business practice & lack of customer service these days, too. If they had replaced the sash for me, I'd probably still buy Pella for the rest of the house. I have 11 windows to replace, including the rotted one & a 3 panel atrium door over the next year. I bet that would add up to at least a few dollars more than the cost of the sash they quoted me for $130.  

Oh well, looks like I'll be spending my money with Crestline.   :D
               Bob               



              Going Nowhere In A Hurry

Old Moparz

Quote from: richRTSE on December 11, 2012, 05:02:24 PM
QuoteWhat if I have a Pella product that has leaked or caused damage, but is not the type of window which is the subject of this lawsuit? Am I still eligible to file a claim?

No. Only those with Pella ProLine brand casement, awning and/or transom windows (including 250 and 450 Series) manufactured by Pella Corporation between 1991 and 2006 ) are eligible to file a claim under this program. If you have a Pella window or product which you feel may have leaked or is leaking, please contact Pella customer service at 877-473-5527.


Is this the same # you already called?


No, I was on the phone with a service rep from New Jersey. Funny thing is, (well not comedic funny....lol) the chain of events went like this......

July 2012:
Contacted Pella through their website explaining the problem.
Reply from Pella telling me they're working on it.
Reply from Pella giving me a NJ tel. no. to call for service.
Called NJ & was told they don't service my area & given a CT tel. no.
Called CT & got answering service & no call back.
Called CT several days later & got answering service & no call back again.
Made one last call to CT knowing they wouldn't contact me & of course they didn't.

August 2012:
Contacted Pella to tell them the NJ office recommended a CT office that won't respond.
Reply from Pella telling me they're working on it.
Reply from Pella apologizing for the "confusion" & told me to contact NJ again.
Called NJ office & was instructed to get photos & serial no., send them & they will contact me.
Sent email with pics & serial no., & thanked them for the help.
Received post card from the NJ office with a Service Order no. & instructions to call.

September & October 2012:
Busy with renovation & roof on the house, but not worried since I was contacted & given service order number.

November 2012:
Called NJ office to follow up & was told I need to send photos since they never got any.
Resend photos & wait for reply but don't get any.
Send email asking if they got the photos.
Reply from NJ says...... "Yes, we got photos."  (that's it.)
Call NJ office & get voicemail.
Contact Pella directly to tell them that I have been getting the run around & no replies.
Reply from Pella telling me they're working on it.
Reply from Pella telling me that someone will call me from NJ.

December 2012:
NJ office calls my house while I am at work & leaves a message to call them.
Called NJ office & get voicemail, told them to call me at work.
Go home for lunch the next day & find answering machine message from the NJ office telling me to call.
I call, get voicemail & then send email telling them to CALL ME AT WORK!
My wife calls me at work the next day to tell me the NJ office called the house.
Called NJ office & get voicemail.
Next day they call me at work & ask, "What part do you need?" (I guess telling them & showing pics is too confusing.)
Next day, get email from NJ office telling me they will send me a quote for a sash.  (WTF?)
Get another email with a quote for the sash at $130.
Today......I send an email back saying, "A quote? What about the warranty?
Today......Reply by email from NJ says, "Sorry, it's out of warranty."

I'm sure they go by the serial number for the manufacturing date, but I need to get the receipt to see what the purchase date was. I don't wonder anymore why some people go postal over things. You can't make this crap up.   :smilielol:
               Bob               



              Going Nowhere In A Hurry

bakerhillpins

The all do this s**t. Why, because technically they are performing the service that they said they would. However, they know that after giving someone the runaround for 6hrs of their life most just walk away.    Sometimes I hunker down and shove it right back up their own and win. Sometimes I walk. Just depends upon how much other stuff is dragging on me that week.  :P
One great wife (Life is good)
14 RAM 1500 5.7 Hemi Crew Cab (crap hauler)
69 Dodge Charger R/T, Q5, C6X, V1X, V88  (Life is WAY better)
96' VFR750 (Sweet)
Capt. Lyme Vol. Fire

"Inspiration is for amateurs - the rest of us just show up and get to work." -Chuck Close
"The difference between stupidity and genius is that genius has its limits." -Albert Einstein
Go that way, really fast. If something gets in your way, turn.
Science flies you to the moon, Religion flies you into buildings.