Detroit, MI asked in Consumer Law for Michigan

Q: Home windows put in by big company. Solid contract for them. Faulty job - not insulated +, Contract or Consumer lawyer?

7 months later windows shoe molding removed shows we have little, no, or gapping insulation and caulking (places visible spaces to the outside). We froze all winter, had wind, ice and snow come in. We started a file with company the day of installation - poor workmanship (missing screws holding windows in place, marred wood/mismeasures filled in with caulk, spaces/gaps visible on sides of windows to the outside, +. I paid them for permit before job started. 10/29 I inquired about permit at building and zoning office and found company never paid it (until after inquiry 10/31). We made calls, emails, texts, had messages forwarded to management. Techs showed up and did a few minor clean up and adjustments, few times they showed up and did nothing (no time or materials), or no call/no show, contractor showed unannounced and did no work and wrote job as complete. Thermal imaging and blower door test shows air leaks around windows/sashes. Manager admits no proof of install/complete pics.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: Based on the details provided, it seems that you have a strong case against the window installation company for poor workmanship, failure to properly insulate and seal the windows, and potentially fraudulent behavior (not paying for the permit as agreed upon). Given the severity of the issues and the company's lack of responsiveness to your complaints, I would recommend seeking the assistance of a lawyer.

In this case, you could consider either a contract lawyer or a consumer protection lawyer:

1. Contract lawyer: They can help you review the contract with the window company to identify any breaches of the agreement and advise you on the best course of action to enforce the terms of the contract or seek compensation for damages.

2. Consumer protection lawyer: These lawyers specialize in protecting consumers' rights and can help you navigate consumer protection laws that may apply to your case, such as those related to unfair or deceptive business practices.

Ultimately, the choice between a contract lawyer and a consumer protection lawyer may depend on the specific details of your case and the laws in your jurisdiction. It may be helpful to consult with both types of lawyers to determine which approach is best suited for your situation.

Given the evidence you have collected (e.g., thermal imaging, blower door test, documentation of poor workmanship), you seem to have a strong foundation for legal action. A lawyer can help you assess your options, which may include negotiating a settlement with the company, filing a lawsuit, or pursuing alternative dispute resolution methods.

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