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Homeowner Forum / Construction / January 2005Milgard windows that not the right size
Is there a market out there for brand new milgard windows that got ordered but were not the right size. They are Vinyl dual pane Lo E - no grids- double hung-nail on new construction windows. My contracted goofed with my egress windows and now we need to reorder new windows that will work for us and sell the double hung wrong size windows. This is the list of the window sizes: QTY Size total cost new 4 4' 0' x 5' 0" $1400- one got installed but will be removed 3 4' 0" x 4' 6" $975 1 4' 0" x 3' 0" $281 The windows are at my house in Southern California I've bought new/wrong windows before, but ONLY if they were new, or near new, and in proper working order. Try listing them on the recycler, it's to bad the 4o 3o isn't a 3o 4o I'd buy it from ya.. > Is there a market out there for brand new milgard windows that got ordered > but were not the right size. [quoted text clipped - 10 lines] > > The windows are at my house in Southern California Consider Habitat for Humanity. A donation of material counts as a charitable donation. Locally, Habitat has a resale store. TB > Is there a market out there for brand new milgard windows that got ordered > but were not the right size. [quoted text clipped - 10 lines] > > The windows are at my house in Southern California I don't know what your relatonship with your contractor is or if you're just trying to do him a favor, but how is this YOUR problem? He is the one who screwed it up. It should be his problem. And I hope you're not paying for the mismeasured windows.  Signature-JR Hung like Einstein and smart as a horse Remove NO SPAM from e-mai address to reply You are right, it isn't my problem BUT Ganahl Lumber is actually at fault and only will replace the 4 windows that didn't meet egress code. The other 4 were selected to match the style of the double hung egress windows but now I don't want to have a mix of double hung and sliders on the house as all these windows are on the street side and a mix would look shitty. The windows were never mismeasured. The information from Ganahl Lumber on proper egress size was wrong. We feel that we should have had them take back all the windows and order the correct, code compliant and matching windows. I am wrong to think that that is only fair? My only option now is not to pay for the windows and go else where for the other 4 windows since Ganahl won't take them back and order the matching ones. Since I don't plan on moving any time soon they can put a lean on the house which I would rather not happen. My wife says it's the contractor's problem and he'll get no money for us for the windows we can't use! Is there a market out there for brand new milgard windows that got ordered but were not the right size. They are Vinyl dual pane Lo E - no grids- double hung-nail on new construction windows. My contracted goofed with my egress windows and now we need to reorder new windows that will work for us and sell the double hung wrong size windows. This is the list of the window sizes: QTY Size total cost new 4 4' 0' x 5' 0" $1400- one got installed but will be removed 3 4' 0" x 4' 6" $975 1 4' 0" x 3' 0" $281 The windows are at my house in Southern California I don't know what your relatonship with your contractor is or if you're just trying to do him a favor, but how is this YOUR problem? He is the one who screwed it up. It should be his problem. And I hope you're not paying for the mismeasured windows. If it is the lumber companys fault they should pay not you. You also are loosing on labor for the instal removal. Liens expire. I would not pay the lumber co but consider taking them to small claims court if they press you or threaten you with a lien. In small claims you do not use an atty or need one. Let them know court will cost them more, atty time and the labor for install and removal you paid for. If it was truely their mistake why are you worring and paying out of your pocket, let them restock and sell them, they will probably not loose on the deal, they will just sell them at near cost in a month or so, go in and talk to the owner not a employee, you will probably come out very happy. The owner does not want to loose customers or his good name. Lemme see if I have this correct, you say the measuerments were correct..and I assume it was the contractor that measured them..? If that's the case, then it is ganahl's fault, and they should replace them. We went through a simular situation with Anderson windows, except it waas their fault for shipping the wrong style of windows, it took the homeowner a year, and a band of lawyers to it corrected. What you may want to do, is place another order for the correct windows, I know, that means paying twice for the same products, but at least you'd have the proper windows, then proceed with legally getting your $$ back, call a lawyer..and have them take action. > You are right, it isn't my problem BUT > Ganahl Lumber is actually at fault and only will replace the 4 windows that [quoted text clipped - 43 lines] > > Hung like Einstein and smart as a horse > > Remove NO SPAM from e-mai address to reply Why pay a lawyer all the money it is a simple case for small claim, easy to win if you have the reciepts and measurements on the reciepts or can prove what you say. It wont go to court if he presents his case properly to the owner of the company. Or go small claim O.K....in our case there were 12 windows that were wrong, and the owner had access to a band of lawyers...so it was worth it to him. But your correct, a small claims court filing should do the trick, as if you say, all the Proof, i.e. paper work is there.. Signed..I stand corrected... > Why pay a lawyer all the money it is a simple case for small claim, easy > to win if you have the reciepts and measurements on the reciepts or can > prove what you say. It wont go to court if he presents his case properly > to the owner of the company. Or go small claim Negotiate monday if you fail file in court monday, easy usualy 35$ and ten minutes. Send the boss a letter on monday saying you will drop the case if he complies now, but you better have you facts and proof right. Dont pay twice for what you say is not your fault. I have done this. The facts are simple as they will take back the 4 wrong windows BUT to take back the other 4 because I will have to change the style to meet egress might be another issue. I feel since they orginally got the non complaint egress windows and we based the rest of the order on those windows so they'd all match they should replace the remaing 4 windows to match what I have to get now to meet egress. Doesn't this seem only right? As of now I'm refusing to pay for any window that can not be installed at my house. > Negotiate monday if you fail file in court monday, easy usualy 35$ and > ten minutes. Send the boss a letter on monday saying you will drop the > case if he complies now, but you better have you facts and proof right. > Dont pay twice for what you say is not your fault. I have done this. > Is there a market out there for brand new milgard windows that got ordered > but were not the right size. [quoted text clipped - 10 lines] > > The windows are at my house in Southern California Exactly what is it which doesn't meet egress? From the sizes you posted it looks as if only the one window which is 4'0"x3'0" might be the only one that may be close, depending on the meeting rail width for 5.7 sq ft free opening. If the 4'x3' is going in at ground floor, it may pass the 5.0 sq. ft. Or am I missing the obvious here? Actually it's the 4' 0" x 5" )' that are not complaint. the clear space when the double hung widow is opened is only 23" tall and the code is mininum 24" with that size opening then the witdth must be about 3' to equal the 5.7 sqft of required opening On a slider the mininum width is 20" and then the height must be tall enough to = 5.7sqft or about 3.2 " >> Is there a market out there for brand new milgard windows that got >> ordered [quoted text clipped - 20 lines] > sq. > ft. Or am I missing the obvious here? Actually it's the 4' 0" x 5' 0" windows that are not complaint. the clear space when the double hung widow is opened is only 23" tall and the code is mininum 24" of clea space With that size opening then the width must be about 3' to equal the 5.7 sqft of required opening On a slider the mininum width is 20" and then the height must be tall enough to = 5.7sqft or about 3.2 " >>> Is there a market out there for brand new milgard windows that got >>> ordered [quoted text clipped - 22 lines] >> sq. >> ft. Or am I missing the obvious here? > Actually it's the 4' 0" x 5" )' that are not complaint. > the clear space when the double hung widow is opened is only 23" tall and > the code is mininum 24" with that size opening then the witdth must be about > 3' to equal the 5.7 sqft of required opening > On a slider the mininum width is 20" and then the height must be tall enough > to = 5.7sqft or about 3.2 " Ok, so out of a 5'0" height, only 23" opening. Sure is a waste the way they open. That is, if you listed the width first (which is the way windows are specified when stating size) then the height. Unless you stated height first, which would make sense with the 23" opening. no I have been listing the width first then height. Yes it seems strange for a 5' 0" window not to open at least 24" but with the balance system and stops all you get is 23". >> Actually it's the 4' 0" x 5" )' that are not complaint. >> the clear space when the double hung widow is opened is only 23" tall and [quoted text clipped - 11 lines] > specified when stating size) then the height. Unless you stated height > first, which would make sense with the 23" opening. |
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