Latest Articles in Legal

  • A minor variation in energy performance as manufacturers push the “state of the art” could create liability issues
    Federal preemption is probably not a concept many would associate with the fenestration industry. I suspect many readers have never even heard the term. It’s a concept, however, the industry should understand and promote. The underpinnings for the principle of federal preemption are found in the U.S. Constitution and the goal is the uniform regulation of matters of strong national interest... more »
  • Without question, a window and door manufacturer's most direct interaction with users of its products comes at the customer service and field servicelevels. Companies maintaining comprehensive customer service and warranty service programs routinely place employees in a position to address an owner, user or installer-each of whom is calling because he/she has a problem. The job of responding is... more »
  • The Legal Department
    We don’t need new laws; we just have to enforce the ones we have…” This line has been applied in innumerable ways to issues which have been the subject of a cry for more legislation. Sometimes, the furor results in old laws being enforced with new vigor. It’s good to know when that happens. We are seeing newly vigorous enforcement of an “old law” that has come... more »
  • Mulled windows are the darling of designers—“the introduction of light and the feeling of space”—you know what I mean. A proliferation of mulls done poorly, however, can represent an “Achilles’ heel” that can cause an otherwise vigorous company to falter. We have struggled with mulls through joinery and sealant concerns, education in the trades regarding... more »
  • On March 19, David Yancey of Homewood, CA, filed a lawsuit in San Francisco Superior Court alleging that he was misled with respect to the performance and insulating qualities of the gas-filled Andersen windows purchased for installation in his home. He challenges representations as to both initial gas fill and gas retention and claims that NFRC ratings of his windows were inaccurate and... more »
  • Used properly, a hammer can build shelter for people in need. Used improperly, the same hammer can be a blunt instrument of destruction. It is given that our world involves more and more standards. This requires more and more controls against misuse. We are getting the standards; I am concerned we are not getting the controls. Let’s agree that industry standards help the fenestration... more »