Latest Articles in Legal

  • Quality management systems and unintended consequences
    Editor’s note: This column is the last in a two-part series on the new AAMA 103-14a Procedural Guide for Certification; read part one here. In part one of this article, we reviewed many of the significant changes found in AAMA 103-14a, the Procedural Guide for Certification of Window, Door and Skylight Assemblies. This is the supplement to “AAMA 101” as it completes the answer... more »
  • Editor’s note: This column is the first in a two-part series on the new AAMA 103-14a Procedural Guide for Certification; read part two here. At the end of 2014, the American Architectural Manufacturers Association published a new standard for the processes required to establish and support AAMA certification of a window or door product. The Procedural Guide for Certification, AAMA 103-14a,... more »
  • Whirlpool Corp. took action and successfully made its case to U.S. Representatives Bob Latta (R-OH) and Peter Welch (D-VT) that a manufacturer of Energy Star products is entitled to protection from private claims or rights of action under state or federal law relating to liability arising out of the disqualification of a product from Energy Star. As a result, Latta-Welch introduced HR 4856, the... more »
  • AAMA, WDMA and the CSA recently released the user guide to AAMA/WDMA/CSA 101/I.S.2/A440 NAFS 2011. There, I just got through one of the longer acronym-laden titles ever known to the fenestration business. The NAFS 101 standards and guides represent the backbone of the window and door business in North America. The user guide must have taken a lot of effort to create, and you should become... more »
  • Residential window and door products often operate in a world of hundredths: hundredths of an inch or hundredths of a degree. Products are certified, built and sold based on these measures and representations with respect to them. There might be risk when representations are made that fenestration products as installed provide unwavering compliance with all such finite measurements, and the legal... more »
  • Editor’s note: This article is the second in a two-part series. Part one appeared in the March/April 2014 issue on Page 26.   In the March/April issue, I emphasized the importance of using websites to provide information to consumers regarding your company’s products as a means to help protect itself against potential legal action. While there is no promise that an individual... more »
  • Editor’s Note: This article is the first in a two-part series. Part two, appearing in the May 2014 issue, will address strategies manufacturers and resellers can use to improve communication via their websites. Over the course of the past 20 years, the window and door industry has moved from a predominantly “business-to-business” model to more of a “business-to-consumer... more »
  • As you potentially look to expand your staff in response to improving market conditions, it’s time for some quick reminders about the risks associated with hiring and training new employees, and using independent contractors. Skilled Employees Proper fenestration installation requires employees who are the right fit for your company. When it’s time to bring someone on board, don... more »
  • If you sell your window or door products in one of the growing number of states with a “Notice and Opportunity to Cure” or “Right of Repair” statute, you need a plan in the event you receive a defect notice relating to your product. These statutes require that homeowners and builders—as well as subcontractors and suppliers—have the opportunity to resolve any... more »
  • The Energy Star program, as jointly managed by the Department of Energy and the Environmental Protection Agency, is a long-time benefactor of incentives and tax breaks. It is a success story hailed as reportedly saving American $28 billion in 2008 alone. With Energy Star’s subsidized popularity and resulting influence in the market, window manufacturers have had little choice but to... more »