Hold sellers responsible for botched window installation?

Question

Here's the situation. Purchased a house last July and the inspection revealed several windows were rotten. Sellers agreed to fix, but the sizes are custom. Sellers arranged through Pella (and an independent contractor affiliated with the local Pella) to install. They paid for windows upfront and then money was held in escrow for the installation + extra which has not been released. Well, the installation has been totally fubar. I don't want the contractor back at this point - they keep botching things up. Talking to a RE attorney next week and getting an inspector out this week, but I'd like some real world advice from the experts here. Thanks!

Eric T. · Answer

@Scott Mac  I've spoken with the local Pella sales rep who did this deal. The contractor outfit that did the work seems to do a lot of work for them; moreover, he seems to be buddy buddy with these guys. No help from this guy. Only friction.

Yep, definitely not pleased with this work (I mean it's bad, really bad). This house is in Rochester, MN --- home of the Mayo Clinic. Definitely not something that passes in this area. Lots of doctors (obviously) and higher end properties. My house is also on the mid-to-higher end for the local market.

@Chris Seveney

Indeed! These guys will definitely not be back here!

@Ray Hage @Kevin Sobilo

Ultimately, I know you guys are right. As I mentioned, I'll be meeting with a RE attorney next week who I hope will make it crystal clear to me what steps I need to take.

@Bill Brandt

What @Mark S. said. Mark, incidentally, my profile has Ashland, OR (where we have another house) but we're now just a little south of you in Rochester!

Chris Seveney · Answer

Wow that is awful. I also would not let them step foot again in my house.

Eric T. · Answer

BTW, thanks everyone who has replied and offered advice.

Scott Mac · Answer

You say "an independent contractor affiliated with the local Pella" (???)

Have you spoken with your Pella salesperson about their recommended installer (or did they give you a self choice list) (???)

This to me looks like some "Don't give a (you know what)" work, and some attempted problem solving (on the fly) by a workman on some very expensive windows.

Re things like the relief cuts, IMO GC should have contacted you with a heads up, we have a problem here and this is how we intend to solve it (relief cuts) vs just cutting and letting you discover it.

If this were mine, I would not be pleased with this workmanship, the moldings floating in thin air, (no immediate phone call re "Sir one of the (expensive) window frames cracked during install" etc...

Maybe this level of workmanship passes muster for homeowners in your area (???), but it is not even close for me.

This might be the best job these workers can do, you may need a better worker to fix their errors and omissions.

Good Luck!

Mark S. · Answer

I used to have some rentals in Rochester. Should have held on to them!!

Chris Seveney · Answer

What exactly did they screw up?

Unfortunately going back to the sellers as mentioned won’t get you far, this is a dispute between you and the window company where it looks like you were assigned the window contract.

Thus fight your fight with window company not sellers

Eric T. · Answer

@Mark S. Yeah, seems hard to go wrong in Rochester unless the Mayo implodes.

Jay Thomas · Answer

It’s never easy when there is a mix-up with the installation of windows in your real estate. You can try to troubleshoot with the installer and get them to make it right, however if they are unable or unwilling, you could have to look into getting a refund on their work and finding another installer to put in the windows. Unfortunately, if the windows were sized wrong or defective to begin with, then you have an issue with the manufacturer that needs to be resolved. No matter what the case is, it’s a frustrating situation and one for which you can’t hold the seller liable. It pays to check any installation job thoroughly before finalizing it as this can save you a lot of time and hassle in the long-run.

Eric T. · Answer

@Chris Seveney Multiple, multiple things. I started a list here:

https://docs.google.com/docume...

Ray Hage · Answer

Your fight is with the installers who have clearly messed up. All you can do with try to work with them or get a refund on the work and get other installer to put the windows in. Now if the windows were sized wrong or defective, you have a problem with the manufacturer. Either way, it is terribly annoying but you can't really hold the seller liable here.

Hold sellers responsible for botched window installation?

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