Legal

Continuous Improvement, Continuous Investment

Window and door companies should carefully consider warranty terms, performance expectations and the need for equipment or software optimization to protect their continuous improvement goals.

Window-specific Issues in Modular Construction

While modular construction offers numerous benefits, window suppliers must carefully consider factors.

Employees vs. Independent Contractors

The Final Rule sets forth six clarifications for differentiating between employees and independent contractors.

Window Covering Safety

Attention on window covering safety continues to grow with industry standards requirements.

Responding to Administrative Agency Subpoenas

Establishing a process enables a well-prepared response, the basis for an effective defense.

Contractual Choice-of-Law Provisions

Intended to create clarity and consistency, these provisions are subject to varied interpretations and enforcement.

3 Contractual Defense Terms

What defend, trigger and obligation mean and how they can affect your company.

When it comes to your business, it's always best to be prepared for legal action so you can act appropriately if and when they arise. Company strategies should include creating protocols to follow when legal issues happen and keeping regular records and documentation. Fenestration businesses need…

As America Evolves, So Does the Buy American Act

How to comply with increasing domestic content threshold percentages: what window manufacturers can do upfront to increase the chance of getting the order for government projects.

The Validity of Electronic Transactions and Contracts

While the basic legal concepts of what constitutes “mutual assent” to form an agreement and the “writing” necessary to memorialize one still exist, those concepts have also broadened to keep pace with the new technology.

Is it Better to Forget a Face?

A review of biometric privacy trends, laws that regulate the collection, use, storage, protection and destruction of BI, and best practices to avoid risk.

Consistency After Acquisition

Risk management, certification and service are among factors to consider to ensure consistency across businesses.

Policy, Regulation to Watch in 2022

Tax credits, trade, regulation around safety and supply chain issues are major players in the current legislative and regulatory landscape.

The Key to Honest Online Reviews

The Federal Trade Commission published two new guidelines around online reviews: it all comes down to transparency.

WDMA Releases 2022 Policy Agenda

The advocacy agenda outlines policy priorities for the window, door, and skylight industry that will boost the housing and construction industry and support continued job creation in the vital U.S. manufacturing sector.

NAFS: The More You Know

Performance requirements in NAFS go beyond air, water and structural performance certification

President Biden Signs Infrastructure Bill

President Biden signed the $1.2 trillion bipartisan Infrastructure Investment and Jobs Act on Nov. 15. The legislation provides $550 billion in new funding for infrastructure projects over the next five years including roads, bridges, ports, rail, waterways, airports, public transit, broadband and…

The Increased Risk of Installed Sales

Recognize and prepare for the liability that can come with product sales and accompanying installation services.

Summary Judgment: A Legal Procedure to Limit Litigated Claims

In a lawsuit, a plaintiff bears the burden to prove the case he/she brings against a defendant. Summary judgment is a legal procedure by which a judge, rather than a jury, can decide a claim or part of the claim for either the plaintiff or defendant.

Risk Management

Recognize risk in your business to promptly manage it before a problem manifests.

The Additional Insured Provision

Review contracts and know the terms of your company’s insurance policy to lessen financial risk.

4 to Watch: Policy Expectations for the Year Ahead

At the Window & Door Manufacturers Association Spring Virtual Meeting and Legislative Conference in March, experts discussed what the next year might hold in regard to housing, labor, safety and health policy. Speakers agreed that COVID, climate and energy efficiency are most likely to…

Lawsuit Alternative: Seeking Arbitration

Although there is no way to avoid the risk of lawsuits in any business, there are proactive steps that can lessen the impact in the event of a legal claim. One such option is incorporating a well-drafted arbitration clause into agreements and product warranties.

The Force Majeure Clause, Version 2.0

Contractual force majeure provisions should address the effects of overall uncertainty that exist between a contract’s parties.

The Battle of the Forms

The fine print on run-of-the-mill documents can cause a legal mess.

First Look at the CARES Act

The Coronavirus Aid, Relief and Economic Security Act economic provisions include broad assistance and incentives to shore-up businesses and institutions impacted by the COVID-19 pandemic.

Anticipating Challenges to Product Warranties

Subject to the Buy American Act?

Legislative Outlook | Part 3

Window and door manufacturers will be dealing with a complex legislative landscape in 2020, according to legislative experts at the Window & Door Manufacturers Association. Beginning the year with partial resolutions for some of the ongoing trade and tariff tensions, WDMA officials offered…

Legislative Outlook | Part 2

Legislative Outlook | Part 1

Two San Diego County Firms Settle with EPA for Lead Violations

The U.S. Environmental Protection Agency made two settlements in San Diego County, California, for violations of federal regulations related to lead. Home Remodeling Center, based in San Marcos, will pay a $22,275 penalty. Kaminskiy Design and Remodeling, based in San Diego, will pay a $20,454…

WDMA Applauds Congress for Ratifying the USMCA

The Window & Door Manufacturers Association released the following statement regarding the vote by the U.S. Senate to ratify the United States-Mexico-Canada Agreement.

NAHB Chairman Greg Ugalde Issues Statement about Joint Employer Rule

Legal Protection in the Age of Digital Ad Agencies

Many companies rely on the expertise of internet marketing agencies for ad development, placement and intellectual property right protection. But, as recent experience with Facebook and “tailored” content has illustrated, internet advertising can also present a Wild West for the digital frontier.…

An Argument for Give and Get

In his book “When,” Daniel Pink discusses the importance of timing events from the matter of their substance, or the what. Whether the timing is good or bad depends on one’s awareness of the current surroundings, and on a perspective gleaned from experience and instigated by an instinct for future…

Force Majeure Clauses: The Basics

A force majeure (French for superior force) clause allows parties to alter their obligations in times of crises. The clause relieves the affected party from liability for not fulfilling its contractual obligations when unforeseen circumstances beyond that party’s control happen. Force majeure…

Warranties Requiring Specific Parts or Service

Windows, doors and skylights sometimes fall under the Magnuson-Moss Warranty Act’s definition of consumer goods, and other times they do not. Magnuson-Moss is a federal statutory scheme that mandates certain requirements for written warranties. It provides, in part, that the “warrantor” (party…

What’s USMCA Got to Do with It?

Last week, the Window & Door Manufacturers Association brought together industry stakeholders and members of Congress, agency leaders and political strategists for its signature policymaking event. The lineup of speakers included representatives from the U.S. Chamber of Commerce, Politico, the…

Energy Star Reform Act

In the recent months, there have been several opportunities for Energy Star partners to have their voices heard. In May of 2017, the Environmental Protection Agency invited public comment on existing regulations pursuant to Executive Order 13777, Enforcing the Regulatory Reform Agency. In October…

What’s in a Lifetime?

The duration of a manufacturer warranty is generally defined either as lifetime or a period of time (e.g. a 10-year warranty). Have you ever stopped to consider what “Lifetime Warranty” means? Lifetime of what? Is lifetime measured by the life of the product, of the person owning the product, or…

Trump Strikes Deal with China

The Trump Administration reached a Phase One deal with Chinese officials regarding the trading relationship between the two countries. As a part of this deal, the U.S. will cancel a 15 percent tariff on additional goods imported from China that were expected to go into effect on Dec. 15.

4 Tips for Better Communication

Every now and then, a situation arises where there is an issue with a window or door that is not covered by the product warranty, but the manufacturer determines it should give a little extra to resolve the issue. Where that occurs, manufacturers may decide to go ahead and offer to fix the issue…

A Matter of Privacy

Privacy of consumer data is a legal issue that will affect the fenestration industry into 2020 and beyond. No less than 27 states are in the process of writing or enacting their own privacy statutes. The various approaches to consumer protection can differ wildly, are very technical, and impose…

7 Considerations for Drafting a Noncompete Agreement

While not new, noncompete agreements remain a source of dispute because both the workforce and terms within the agreement are continuously evolving.

Trade Secrets

A trade secret involves confidential information that provides (or will provide) economic benefit or advantage to a business that would be lost if it were misappropriated or disseminated to the public. State and federal laws include various remedies that provide businesses ways to protect the value…

US Department of Labor Issues Final Overtime Rule

The U.S. Department of Labor issued a final rule, effective Jan. 1, 2020, to make 1.3 million American workers eligible for overtime pay under the Fair Labor Standards Act.

EPA Lacks Way to Enforce Lead Paint Rule, Audit Finds

There is no effective strategy in place to implement and enforce the Lead-based Paint Renovation, Repair and Painting Rule, according to an audit by the U.S. Environmental Protection Agency Office of Inspector General.

The Copyright Conundrum and Fair Use

Many current building codes incorporate AAMA or ASTM standards into the code sections relating to windows and doors. For example, the 2009 IRC Section R612.3 states that windows with fall prevention devices and window guards “shall comply with the requirements of ASTM F 2090.” But the ASTM…

President Trump to Impose New 10% Tariff on Chinese Goods

The U.S. may levy a 10 percent tariff on $300 billion in Chinese goods beginning on Sept. 1, according to reporting by the Washington Post.

Addressing Subpoena Requests

Most litigation takes place in the state court system. For example, a dispute arising out of construction in Illinois will normally be litigated in a regional Illinois state court. There are exceptions, but this is the general rule. This remains true even if some of the parties have their…

Full Versus Limited Warranties

Have you ever wondered why so many manufacturers include the word “limited” in the title of their warranty? This is thanks go to the Magnuson-Moss Warranty Act, a federal statutory scheme that requires warranties for consumer goods to be designated as either “full” or “limited.” It is more common…

WDMA Applauds House Reintroduction of Energy Code Legislation

Certification Update

With the ability to receive more extensions also comes heightened concern regarding a manufacturer’s potential liability. Below are a few examples of ways to manage potential liability. Record Retention A manufacturer should maintain documentation from the original certification up…

The Green Issue

Green building and energy performance are ever-developing areas within the construction industry. So too are the associated risks for industry stakeholders. So far, claims relating to green building construction have been—and will likely continue to be—asserted based on theories that resemble…

Biometric Information

It is safe to say that recent events and media coverage of digital security issues, including the unauthorized use of personal information through social media and large data breaches, have been a focus of concern. Consider the publicity surrounding Mark Zuckerberg’s Capitol Hill testimony…

Think Big

The manufacturing issue provides a chance for manufacturers to think big and, in the manufacturing world, this typically means capital expenditures. As any GlassBuild America attendee can attest, these large purchases tend to be sources of excitement. Capex transactions themselves,…

Made in the USA

While it may seem that “buying American” is being pushed even more these days, research shows that consumers have been keen on buying American-made products for some time. A Consumer Reports article from 2015 reported that eight in 10 American consumers would rather buy an American-made product…

Social Cost of Carbon

A little over a year ago, we provided a general summary of then-recent events relating to the development and implementation of an innovative conceptual number, expressed monetarily, known as the “Social Cost of Carbon.” SC CO2 is defined by the EPA as an estimate of the economic damages…

Ingrained Innovation

Sometimes innovation occurs not when something new is created, but when an improvement to an existing process advances new ideas and practices. In the ever-evolving world of fenestration, innovation is ingrained in the industry. While innovation brings about improvements and breakthroughs,…

Trade Show Talk

Tradeshows are wonderful opportunities to meet new people, reconnect with old friends and learn something new. They also put companies into close contact with their market competitors. And, where market competitors come together, the specter of antitrust violations is present. Before eyes glaze…

The Deposition

In common parlance, a deposition is a sworn pretrial statement normally taken by an opposing party in litigation. The transcript of questions and answers can be used to cross-examine witnesses at a later trial or as independent trial evidence, under the right circumstances. As depositions have…

Changing the Rules

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…

Manufacturing a Class Action

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…

Working with Window Lawyers

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…

Windows as an Element of Building Design

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…

Energy Star Program Integrity Act Aims to Prevent Litigation

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…