window problem

Newgirl

hello all, had an airtightness test done recently and it showed leakage on a number of windows. Got onto the company before Christmas and they said they'd come out and fix. Problem is the builder has gone out of business and he only paid the window manufacturer half the money. so where does that leave me? desperatly relying on goodwill? the problem is mostly on a number of patio doors so shoudl I just get someone to rehang them? and who?
thank you

Newgirl

well the window company have decided not to come out and make good the problems because the builder only paid them half the money. I have paid the builder every cent. Just wondering should the window supplier not have installed them properly in the first place.
has anyone any advice, suggestions please?

martinn123

From the details in your post, it appears your contract was with the builder. Now that he has gone out of business, the window supplier probably has no obligation to make good any defects, especially as they were not paid in full. I think you may need legal advice on this one, unless the window co can offer some remedy as an act of good-will.

BryanF

is there any contracts in place?
had you any professional involvement for the construction stage?

Newgirl

I had a contract with the builder and he recommended this window manufacturer based in the south. I feel the product should have been fitted correctly by the window company in the first place. I paid the builder half the cost of the windows so they could be manufactured (early April 2011) and the other half when they were installed. (May 2011). Our house is built to passive standard but the leakage on these doors is compromising the build. In our sitting room I can see daylight at the bottom of the french windows (patio door on hinges), and the wind howls in two of the bedrooms (also french windows) We moved in end August 2011 the window company came out to look at hinges that looked strained and we told them of the leakage but they didn't come back. I had an airtightness test done then to get the final figure. Then we found out that the builder had gone bust.

Am i being naive shoudl the company not fit their product properly
thank you

muffler

Newgirl wrote: »

shoudl the company not fit their product properly

Yes they should. Their problem regarding payment is between them and the builder and just because they only got half their money doesnt imply that they only do half a job.

Send them a letter by registered post and give them 30 days to carry out whatever works are necessary.

If it's Munster Joinery you are referring to then it's fine to name them here as this point is covered in our forum charter. In saying that Im not going to allow people to take cheap shots at them either but "fair comment" is more than welcome.

BryanF

Newgirl wrote: »

Am i being naive shoudl the company not fit their product properly

your not being naive at all. if there was a contract in place then you need to follow up this first, as they have gone bust this may be a dead-end but if there was professional involvement then perhaps the thing is to discuss your options with certifying Arch/ Eng.

In the mean time start a daily campaign bombarding the the director of the window frame company. tell us more about the windows: does this company manufacture or import from another company?

Newgirl

Muffler thank you for your reply I really appreciate it. It is indeed Munster Joinery. I will send that letter today, do I say that after 30 days we'll be talking to our solicitor.
thankyou

muffler

Newgirl wrote: »

Muffler thank you for your reply I really appreciate it. It is indeed Munster Joinery. I will send that letter today, do I say that after 30 days we'll be talking to our solicitor.
thankyou

By all means tell them that you intend to pursue the matter further and if the problem isn't rectified withing the specified time frame you will be instructing your solicitor to deal with the matter.

martinn123

Newgirl wrote: »

I had a contract with the builder and he recommended this window manufacturer based in the south.

I paid the builder half the cost of the windows so they could be manufactured (early April 2011) and the other half when they were installed. (May 2011).

Then we found out that the builder had gone bust.

Am i being naive shoudl the company not fit their product properly
thank you

While not wishing to disagree with other comments, it appears your contract was with the Builder, now gone bust.

The window co with whom you have no contract, will be under no obligation to rectify, and especially so as they were not paid in full.
The builder should have insured that the windows were correctly installed.
The same principle applies to any guarantee, on the windows, glass, etc, the normal 10 yr guarantee will not be honoured, as the liability lies with the business with whom you had a contract, i.e builder, alas now gone.
In My Opinion may I add.

Newgirl

Thanks for all your replies. A simple email to the company produced a result. all doors were rehung with new seals and we're very happy with the prompt response and the job itself.

muffler

Newgirl wrote: »

Thanks for all your replies. A simple email to the company produced a result. all doors were rehung with new seals and we're very happy with the prompt response and the job itself.

Nice to hearthat you got the problem resolved and also good to know that MJ did their part.