Legal Question in Product Liability in North Carolina
Bad thermal window panes in door
I purchased a new home 3 years ago. It was a Spec House, but it's relatively well built. I paid $435,000 for it. The front door is a double door, with 12 rectangular thermal window panes in each door, total 24 panes. The panes have continued to fog up. Once, we replaced 12 panes, then last year, another 13. Virtually all have been replaced now. Each time, the door manufacturer provides the panes free, but I have to pay the labor to install and paint. The manufacturer says that their warranty is limited to replacing the panes, not paying the labor. Now it's approaching fall, and another 6 or 7 panes are going bad again. I'm certain more and more will fog up.
It's quite evident to me that this will go on and on, and I don't think it is fair for me to go thru this continuously, regardless of what their warranty says. I have not seen a written warranty yet.
What do you suggest?
1 Answer from Attorneys
Re: Bad thermal window panes in door
This situation raises a lot of legal complexity. Your rights against the manufacturer probably depend on the written warranty, which you apparently do not have. The manufacturer may be correct regarding its limitation (i.e. not paying for labor). Your other remedy would be against the builder. This may be your stronger claim; it would probably have a duty in addition to that of the manufacturer. This would depend on the terms of your contract and warranty with the builder, and perhaps even the statute of limitations, which is usually three years. You may want to contact with more information and documentation.
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