A consumer in North Carolina has filed a class action against MI Windows and Doors, Inc. of Pennsylvania, claiming the company’s 8500/3500 single hung windows are defective, and allowed water intrusion which caused property damage. The lawsuit charges MI Windows and Doors with negligence, breach of express warranty and violations of the North Carolina Unfair and Deceptive Business Practices Act.
The <"http://www.yourlawyer.com/topics/overview/MI-Windows-Doors-8500-3500-Windows-Lawsuit-Class-Action">MI Windows and Doors class action lawsuit was filed last July by Joseph DeBlaker in North Carolina Superior Court, Mecklenburg County. MI Windows and Doors had moved to have the complaint dismissed, but in an order dated March 24, 2011, that motion was denied by the U.S. District Court for the Western District of North Carolina, Charlotte Division.
According to the lawsuit, the 8500/3500 single hung windows contain a defect that results in loss of seal at the bead along the bottom of the double pane glass. This allows water to enter the inside of the window, as well as the structures that are fitted with these windows. This water intrusion can lead to the formation of mineral deposits and mold, as well as damage to other property within the home. The lawsuit further alleges that owners of homes containing these windows have incurred substantial costs for labor and installation of replacement windows. They have also had to repair or replace other property in their homes because the windows allow water leaks to drip onto their walls and floors. The values of homes fitted with these windows have also been diminished because of the alleged defect and accompanying damage.
The class action complaint asserts that MI Windows and Doors knew of this defect, but has not notified all homeowners or offered any remedy. MI Windows and Doors does not include the labor or installation costs associated with window replacement in its warranty coverage for the 8500/3500 single hung windows. The warranty also does not provide warranty coverage for subsequent purchasers of homes fitted with these windows, according to the filing. Because Plaintiff DeBlaker is not the original owner of his home, MI Windows and Doorsâ€™ warranty will not cover his cost for replacement windows.
The MI Windows and Doors class action lawsuit alleges that despite the defect in the 8500/3500 single hung windows, the company marketed, advertised and warranted that they were fit for ordinary purposes, and free from defects in materials and workmanship.