Who is responsible for windows leaking, dirt blowing in and exces air?

Question

We are new construction. I asked for energy star windows(in writing). The windows looked great. Thick, almond vinly, dual pane. We moved in March 2008. The wind blew in so badly in one window we have caulked it shut. The rain comes in three of them. There is dirt not only in the tracks but laying on the lip of the "sealed" dual pane fixed areas. On the sliding glass door the seal is clearly broken. We are not a cheap home. Tried to be as energy efficient as we could afford. Now what? Who fixes the problem??? PLEASE HELP!

Answer 1

the builder is responsible for one year from the completion date to repair defects.

your builder will probably say that it's a manufacturer's defect and so it's not his fault. however, since it has only been a few months since the completion, he should take care of it. let him contact the window manufacturer (in the beginning). but get the name and phone number of the window supplier in case you need it later. if the window mfg ever does come out to look at the problem, they will blame it on improper installation.

if you haven't already, be prepared to become very frustrated with your builder. you will probably be given the "run around" on this and any other quality issues that come up.(most builders/remodelers are known to be responsive until they get their final payment)

make sure you document (with date, time, the name of who you spoke with and what you spoke of) every conversation you have with your builder. be patient and pleasant in all conversations. you can raise your voice a little, but never swear or threaten. this will help you down the road if your builder doesn't come through and you need to take him to court.

make sure you go around the house and document any and all problems (video tape if possible) and provide the builder with a written list of all defects he needs to correct.

Answer 2

The builder: The work was faulty, so he should either fix it or pay for someone to fix it.

Good luck!

Answer 3

The person who installed them is most likely responsible but if the windows were installed pre-assembled  then it is the manufature. The problems you are expierencing now usually come from years of wear and tear. contact the installer first and explain your situation first in an calm reasoning manner because they may not be the ones who did it if it was them there should be some kind of warranty because they are supposed to be new. If they refuse to comply make sure you are talking to the manager of the buisness if not you may need to tell them the whole story again but now make sure you hit all of the details in your story. That should make them understand what they need to do. If the windows were pre-made then do the same thing with the window company. Don't let them rip you off! If nothing works then you may want to warn them that you are willing to take legal action and sue them but I am sure it would not come to that.

P.S. They both share some fault it is just a matter of getting the builder to reinstall and the supplier to send new ones.