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Donald Scagel vs. Window World Of Western Ma

D. S. vs. Window World Of Western Massachusetts, Inc.
1029 North Rd Ste 1A, Westfield, Massachusetts, 01085-9711, United States
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Statement of Claim
"Window World sold me replacement windows instead of windows for new construction. The replacement windows were installed incorrectly allowing water to enter the roughed out construction on the porch. According to James Hawkins, Building Commissioner of Franklin Regional Counci of Governments, a permit for the construction was never taken out and Window World violated Section 780 of the Massachusetts Building Code - improper installation of windows without an inspection. The company has refused to refund me for the improperly installed windows for over a year."
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Exhibits View
Additional Communication Between Claimant and Window World Of Western Massachusetts, Inc. Hide
  • Feb 08, 2018, Window World of Western Massachusetts, Inc. (responding party) added:
  • Thank you for providing a forum to restart communication with Mr. S. The last we communicated was 9/22/17, when our office left a message letting him know the plan that Bob had to address his issues (based on pictures and verbal reports). This call followed our voice mail on 9/1/17 postponing our 9/9/17 meeting at the install site. Our install manager just got word that day that his mother in laws funeral and Memorial Services were scheduled for 9/9/17, the date that we were to meet Mr. S. We apologized profusely for the unforeseen bad timing and asked that he call back to reschedule. There was no response to either of these calls. We had communicated our plan to James Hawkins, the Building Inspector, at the end of September, but he was unable to mediate.

    As with any customer of ours, we stand behind our work and our product. Once we were aware that he was having problems, it’s been our desire to satisfy Mr. S.

    Here is the timeline of our relationship with Mr. S.:

    On 10-20-16 our salesman, Craig sold Mr. S. (2) Double Hung, (5) 2L sliders, 7 exterior stops, and a Patio Door. We are a replacement window company, this is what was sold. Full Exterior Trim was not contracted. Craig was under impression that Window World possibly would be siding the porch shortly after. (that is when exterior trim would be put on)

    Install was scheduled for 11/30/17. Mr. S. unfortunately was not present. We rec'd a final payment check dated 12/7/16.

    We rec'd a call for service on 5/31/17. Water was not draining out and customer said windows should have been new construction, and requested that we call his contractor.

    Our install manager, called the contractor of Mr. S. as requested, and on 6/13/2017, traveled to the install site. Again, customer stated that we should have installed new construction windows and should have wrapped them (Full Exterior Trim). Jeremy suggested a fix, but Mr S declined. Jeremy took pictures and said he would meet with Bob regarding issue. Jeremy did not communicate or connect with Bob. This was unintentional.

    On 7/8/17, Mr S spoke with Lanea of our office. She left info for those coming in Monday 7/10/17.

    On 7/10/17, Bob asked Jeremy and Craig for updates, and Lori left a message for Mr S. We were looking to set up a meeting with Mr S, Bob, Jeremy, and Craig to see how we could rectify his situation.

    We received a Certified letter on 7/19/17 with Mr S asking for his money back and remove his windows. A voicemail was left that day, again asking Mr. S for a meeting.

    7/25/17, Bob sent Certified Letter to Mr S, with the request once again to make a plan to rectify.

    Mr S responded to the letter with a letter dated 8/4/17 saying that he is considering a meeting.

    On 8/10/17, we again reached out via letter saying that time is of the essence.

    8/18/17, we left message saying that we can come by most Fridays or Mondays.

    8/21/17, Mr S called back saying that we had to meet on Saturdays only.

    On 8/22/17, we left a message offering Saturday 9/9/17 9, 10, or 11 am

    Mr S called back on 8/23/17 wanting verification of 9/9/17 or 9/10/17

    On 8/24/17, we left a message saying 9/9/17 preferably 9 a.m. but it did not need to be at install site (could be our office or his home)

    Shortly after, 9/9/17 was verified.

    Our Install Manager, who had been to install site in June, had a death in his family, and on 9/1/17 received word that her Wake and Memorial would be 9/9/17. Mr S was called immediately to apologize, postpone, and asked to reschedule ASAP.

    We did not hear from Mr. S

    On 9/22/17, Mr S. was left another message detailing the fix that Bob was proposing based on job site pictures and verbal reports.

    We received a letter on 9/28/17 from Building Inspector James Hawkins stating that we had not pulled a permit. Quick research showed that we had mailed a permit application and check to Town of Colrain for Mr S. (Colrain was the address on the Contract). We send out approx. 15-20 permit apps a week. Half of the Towns or Cities mail the permits directly to the customer. The rest require pick up, a self-addressed stamped envelope, or they directly mail to us. It was* an assumption that this Town had mailed the permit directly to customer. (*We have since updated all individual Towns and Cities folders with exact Town/City procedures, instead of assumptions) At some later point, the application and check were returned saying that the Town applied to should have been Heath, not Colrain (as was on the contract). By then the install was done. Bob spoke with Mr Hawkins, who was going to reach out to Mr S. We have since applied to Heath, and Mr Hawkins granted the permit.

    In October we emailed Mr Hawkins to share the fix plan that Bob had proposed via voice mail to Mr. S., but he did not receive email.

    On 12/4/17, we reached out again to Mr. Hawkins to see if he was successful in communicating with Mr, S. There was no response. We emailed him again on 12/27/17.

    Mr Hawkins responded on 12/28/17 saying that he was unable to work out a “win win situation”, that “it is not my place to mediate”, also “I understand that you applied to the wrong town,” and “I contacted other building inspectors, who all say your company is usually good at pulling permits.”



    This is the plan that we proposed to Mr S on 9/22/17 via voice mail:

    We would remove windows, reinstall with nailing flanges, use ice and water, and caulk as needed. (this would leave things ready for the sider that he had chosen). We offered to guarantee against leaking, but requested that Mr S side it very soon afterwards and also use a sider who follows VS protocol. If for some reason there were leaks after that, we would take care of it as long as he did those 2 things for us.



    In summary, Mr S contracted for Replacement Windows. (it is not unusual for us to install our replacement windows in studded openings). He also did not contract for the typical finishing work, as he verbally indicated that he would be siding and finishing shortly after. Craig was under the impression that Window World would most likely be doing the siding work. (our sider follows VS protocol and would have known how to do the finish work)

    The first that we were alerted to any trouble with Mr S was on 5/31/17. We found out shortly after that he never did do the finish work or the siding. (No window will stop leaks if the finish work is not done). Since then we have reached out time and time again, offering to rectify his situation. When a customer has a problem, we always try to resolve, even if it was not our fault, a miscommunication, or lack of understanding.

    We are perplexed why Mr. S would not return our calls after a very unfortunate and unforeseen event which led to postponement of the 9/9/17 meeting.

    It is our desire to rectify the situation, as we have been attempting to do for months.


  • Feb 08, 2018, Window World of Western Massachusetts, Inc. (responding party) added:
  • Attached is the letter correspondence, as well as the Building Permit

  • Feb 08, 2018, Window World of Western Massachusetts, Inc. (responding party) added:
  • Window World is offering what we offered on 9/22/17. We will remove the windows, reinstall with nailing flanges, use ice and water, and caulk as needed. We will guarantee against leaking, but request that Mr S commit to side it very soon after and use a sider who follows VS protocol. If leaks were to ever occur after that, we will take care of it as long as these 2 things that we request are done. (not sure why offer above says anything about Sony at the end)

What Claimant Wants Hide
1. Compensation: lossof use of my newly constructed porch Mar 31, 2018 $10,000.00
2. Recovery of Losses: damage to interior of porch Mar 31, 2018 $3,000.00
3. Refund: purchase price Mar 31, 2018 $4,973.00
4. Other – Copy claim to regulators Mar 31, 2018 $14.99
5. Other – Pay for claim posting cost Mar 31, 2018 $14.99
6. Other – Physical delivery charges Mar 31, 2018 $4.99
Cash total : $18,007.97
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Respondent's Counteroffer Hide
Message from Window World Of Western Massachusetts, Inc.: Please see our attachments. There should be 7, which show our letter correspondence as well as the Permit.
What By When How Much
1. Window World is offering what we offered on 9/22/17. We will remove the windows, reinstall with nailing flanges, use ice and water, and caulk as needed. We will guarantee against leaking, but request that Mr Scagel commit to side it very soon after and use a sider who follows VS protocol. If leaks were to ever occur after that, we will take care of it as long as these 2 things that we request are done.Example: Sony ePak EX3500 Mar 30, 2018 N/A
Non-cash: 1 items
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Do you agree with the respondent’s Response?  (If you are a party to this claim, click here.)
Awaiting response from Window World Of...
Claimant dislikes
Claimant: ():
"Due to the continued incompetence of Window World basically, they installed incorrectly the wrong windows. I ordered new construction windows and they installed replacement windows. I want the replacement windows removed. I’ve been waiting almost 2 years for them to do the right thing."
 (6 years ago)
Reply
Alan Trachtman commented
Alan Trachtman (Comment):
"I agree whole heartedly with Brian Edderly's suggestions below."
 (7 years ago)
Reply
Brian Edderly commented
Brian Edderly (Comment):
"Assuming that all facts are correct, this seems like a completely reasonable response. If the company has a history of getting permits properly, and correctly addressed their goof, the lack of permits seems to be a moot point.

If there's a difference between windows or replacement windows, I'm completely unaware of it. I've bought windows for both new construction and replacement at Lowe's and both were exactly the same.

It does not seem fair to ask for a 100 percent refund on (presumably) perfectly good windows - it does seem fair for the company to offer to re-do and to guarantee against leaking as long as the exterior finish work (which I think wasn't part of the deal) is done by the claimant.

Is this satisfactory for the claimant? If so, a date should be agreed, the complaint closed, and the whole thing should cease to be a worry for both parties."
 (7 years ago)
Reply
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