Krestmark windows -Please opine! (sorry-lengthy)

leelee7March 31, 2006

We are having a custom home built. Our builder had Krestmark windows installed. I've been posting in the building forum, but want to bring this issue here.

We went w/simulated divided lights, vinyl. We would have loved to use real divided lights, but not in the budget. We were given addresses w/what we thought were homes using examples of our windows. Turns out, our super. didn't realize builder wasn't using THOSE, had switched to Krestmark brand--they're made in the DFW metro.

Windows are two over twos. They showed up--look very cheesy-the SDL is just a hastily attached strip of vinyl that doesn't even match the surrounding vinyl color. Fine, we decided to go with them, got used to looking at them (kind of like cubic zirconia vs. real diamond-no, not even that good.)

I won't even describe installation-I'll cry. DH said installation was o.k.--I know better, as I read these threads! but for the sake of the marriage (I'm almost not kidding-it's been rough-too long to get into and would bore you to sleep) I shut up about the windows.

Presently, house is approaching drywall stage of building. One "muntin" popped off in bathroom on cloudy (bathroom style) glass--they replaced the window-said the "muntin" had trouble sticking to that type of glass. Second one popped off (partially-top) on back, covered porch-window rep. said, "Poor application-fabricator didn't follow protocol in window prep. Yesterday I discovered a THIRD instance-this time, front exposed window, exterior.

DH called super. and super sent out window rep. to view what's happening. Our thoughts were we'd ask for huge discount/credit on all windows, and rip this cr** off entirely-just live w/tiny interior strip which is between glass. Apparently, window rep. thought a quick fix was best (without asking builder, super. or US! We found a sticky tube of super glue!!! on porch--he'd glued up what was popping!!!!

DH is pretty angry-says he'll rip out each and every window and toss into heap.

What would YOU do??

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justmee

I'd let him rip them out! It's much better to get rid of poorly designed windows NOW and not have the hassle later of having to remove brick or interior wood trim to replace them -- much less the headache of fighting with your contractor/builder.
Also, if the installer didn't follow proper installation procedure on one window, it's likely they have someone installing them who's not trained. Your window warranty will not cover improperly installed windows.

Actually, you have the right to demand installation of the windows which the super represented to you would be used. It's not your fault the super did not know the builder had decided to switch. If you based your decision to purchase those windows on a representation made to you and/or based on a sample provided to you, then you did not receive what you agreed to purchase and that's breach of contract and it is negligent misrepresentation and might even be fraud.

Does your area have an organization that can put some pressure on your builder? Is he a member of a local builder's association or the BBB?

Whatever you decide DO IT NOW! Don't let them proceed with the house and do not let this go because you will be deemed to have accepted the windows knowing of the defects. Right now you most likely have the right under the law to "reject acceptance" of nonconforming goods, i.e. windows that do not conform to the contract or to the representations made about the windows when you decided to purchase them, and you can probably demand that conforming windows be installed. If conforming windows are not installed, the contract has been breached and you can probably withhold damages from the balance owed on the cotnract price. A local attorney who is knowledgable about the Uniform Commercial Code in your state can confirm this. Be sure the atty knows this area of the law because many don't. Your state probably has a consumer deceptive trade practices act which would also give you remedies in this situation.

You WILL regret not taking care of this right now.

Good luck!

    Bookmark   April 11, 2006 at 1:37AM
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mike35

You are a victim of a bait & switch. Whether they did it willingly or not. Tell them you want the windows replaced immediately. These are not what you were told you were getting. Hold all payments until he complies. But justmee is absolutely right about doing it NOW. If you wait, you will be dealing with problems for years and have no recourse. Make them fix your home!!!

    Bookmark   April 18, 2006 at 1:12AM
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nishendu

We are remodeling. Our builder gave us choice of Krestmark and Don young windows. I live in Dallas area. Any thoughts of what I should use?

    Bookmark   September 9, 2006 at 3:55PM
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