This lawsuit alleges that the Pella Architect and Designer series windows are defective and therefore allow water to penetrate and leak behind the aluminum cladding, resulting in premature wood rot and other physical damage to both the windows and main structure.
In this case, Gurvinder Pal Singh alleges that Pella Corporation's Architect and Design Series windows are characterized by a defect which permits significant water leakage and penetration behind the product's aluminum cladding. The result of the defect is often wood rot and additional serious harm to not only the windows themselves but also the surrounding structures. The plaintiff argues that Iowa-based Pella's conduct constitutes negligence, fraud, breach of express and implied warranties and unjust enrichment. It is also alleged that the windows violate applicable Illinois building codes, AAMA standards, NFRC standards, WDMA standards and/or ASTM standards, not to mention Pella's own representations.
It is alleged that Pella's Architect and Designer series windows suffer from defective manufacturing and design, that did not merely facilitate water damage, but also prevented timely identification of it. Once the wood rot caused by water infiltration is typically detected by a homeowner, it is already likely to be quite advanced, and the windows tend to be of an age well beyond the warranty coverage period.
The plaintiff in this matter owns a home that was constructed in 2004 and which was outfitted with Pella window products. He purchased the house in 2013 and quickly noticed that the windows had suffered wood rot. After contacting Pella to seek warranty repairs, he was informed that the coverage period had expired and that it would cost over $4,000 to have new windows installed.
Despite the aforementioned defects having been brought to the company's attention repeatedly, Pella did not acknowledge the windows' defects and unilaterally drafted a limited warranty designed to avoid responsibility for these particular issues. The warranty was, in actuality, drafted to offer no meaningful recourse to owners of this product line. Though Pella was aware of the defects of the Architect and Design series windows, the company did not take action to inform existing owners or new purchasers of the problems, did not recall the products and did not honor warranty claims or offer repairs or replacements. Instead, Pella charged a premium price for a product it knew would likely fail after warranty protections had expired.
Article Type: Lawsuit