Legal Question in Construction Law in Wisconsin

Pella breached contract

I purchased Pella windows in 2001. They came. They were completely defective -- we only paid 50%. Pella finally agreed to replace them several months later.

Pella delayed us for over 18 months in replacing the defective sashes/windows. We have all the documentation. Finally when replacements came, they were cheap, crappy mock-up windows that do not look like anything on their showroom floor. They have putty in multiple corners inside and out. The frames are not solid, but hollow.

Pella now wants to release us from contract. We say ''no way'' -- they owe us damages because their windows have 4 inch frame expanders on them which replaced our siding so no other windows will fit. We are required to replace our siding with these bad windows. We are in the hole big time now. They are also creating lie after lie...

Renee


Asked on 2/26/03, 4:50 pm

2 Answers from Attorneys
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Pella breached contract

Hello,

Please excuse the delay in reply. From what you say, it looks like Pella owes you for the windows,

siding and lost time, perhaps. You should have a lawyer write a letter for you. They might negotiate a settlement if they believe you are serious. If not, you could bring a lawsuit in small claims court if your damages are under 5000 dollars, if above that, you would need to file in regular civil court. A lawyer might take this on a contingent fee if your case is good enough. Otherwise, it would be hourly. Good luck,

Mark J. Mahoney, 920-984-4529

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Answered on 2/28/03, 8:08 am
Thomas Schober Schober Schober & Mitchell, S.C.

Re: Pella breached contract

Your question really looks more like a story than a question. I think what you are trying to ask is whether you have an action against Pella for misrepresentation or breach of contract. From the facts you provided, it certainly looks like you do. You should see an attorney who is versed in litigation of construction matters. While we are to answer questions and not "solicit" work, from your information, you will need to talk to someone to see if they can help you. If we are geographically convenient (SE Wisconsin), you could consider us among your choices.

Good luck.

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Answered on 2/27/03, 5:08 pm


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