Latest Articles in Legal

  • What the U.S. Supreme Court’s stay of the Clean Power Plan means for the fenestration industry
    On Oct. 23, 2015, the U.S. Environmental Protection Agency released the final version of the “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electrical Generation Units” 80 Fed. Reg. 64,662, also known as the “Clean Power Plan.” The CPP’s unwieldy official title only hints at the complexity of this 303-page regulation. It consists not only of... more »
  • Class action litigation has become a reality of the fenestration industry. These attacks come in many forms including those directed at a common method of assembly or fabrication practices—that is, a manufacturing defect. This is an important legal reality that window and door companies need to know about. Background Product liability is a legal theory that generally focuses on three... more »
  • Window Product Category Rule Requirements
    A new Window Product Category Rule was recently created through the joint effort of the American Architectural Manufacturers Association, Insulating Glass Manufacturers Alliance, Glass Association of North America and Window and Door Manufacturers Association. This PCR is the guide for developing an Environmental Product Declaration, which is the manufacturer’s detailed statement of the... more »
  • Picture this scenario: a property owner finds one or more things actually “wrong” with his house. He ultimately sues the developer and general contractor, but expands his list to include the original items, plus a number of smaller things that, “could have been better.” The original defendants turn around and sue every entity who performed labor or supplied product to the... more »
  • Every significant business has a multi-layered intersection with the risk inherent in the American legal system—product manufacturers and resellers especially. From the product perspective, lawyers who manage the risk at these layers require a knowledgeable connection between established legal issues and the nuances of the fenestration business. To be sure, there are a few areas you might want to... more »
  • It is better to understand the business you are in by recognizing the business you are not in. This premise will be helpful as we look at how to avoid claims based upon product selection. Such claims include allegations of unsuitability for site conditions, deviation from project specifications and failure to meet code requirements. Today’s windows, skylights and sliding glass doors... more »
  • In most situations, if you sell it, you service it. This is true for window manufacturers and component vendors. The goal is to maintain customer satisfaction while keeping the scope of service activity within the “four-corners” of the product warranty, i.e. the service effort required by the warranty. With the twists and turns of real life, though, that can be difficult to do. Every service... more »
  • 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 »