Latest Articles in Legal

  • 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 »
  • It has long been an aspect of the law that when a seller says something about its product to induce sale, it needs to be a fair representation or liability can result. This type of claim can be frustrating for the seller. The consumer keeps the product, which appears to be working fine, but he or she sues for economic damage claiming to have been misled. The potential for such situations grows... more »
  • If your company is in the business of buying and reselling building products, including doors and windows or components, manufactured by an offshore entity, what happens if a lawsuit is brought relating to those products? As a “seller,” your company is a serious target. “But, we did not make it, we just resold it” is not an adequate defense. Companies need to understand... more »
  • Something's in the air. Years of increasing fenestration product thermal performance requirements–more recently coupled with on-again, off-again financial stimuli directed to improving “whole house” energy performance–is elevating air infiltration to a new level.  Air infiltration could potentially join water penetration as a major source for legal claims against... more »