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Contractor's Culpable Negligence Re: Scratched Windows
We own a Residential/Commercial Maintenance Company (3 years). We have an excellent reputation. Most of our clients own homes that are 6,000 +sq. ft. We've NEVER had any issues re: damage. We did a New Construction job for a contractor recently and did not have a "scratch- waiver" for the job. The windows were never covered or protected, during the whole construction phase. There was some stucco debris on many of the windows. We have done Thousands of panes of glass before and never scratched any. This contractor is trying to blame us for his scratched windows. He hasn't paid his bill and now says he is going to take us to court because we refuse to pay for new (replacement) windows. He didn't protect them. I'm thinking that "The Stucco Company" probably did a rough clean on the windows and scratched them. Funny how the scratched windows are downstairs only. Upper level windows are scratch free. Please advise. Can I prove that the stucco scratched the windows when it was sprayed on? We are overly cautious, and we DID NOT scratch these windows! I was referred to this website by 2 window washers we know who are members of the International Window Washers of America. They are willing to help us but suggested that: "Dan Fields is an expert on this issue and that he most likely would help us too"! Any advise or direction would be greatly appreciated. Thank you very much.
Amy- (Frustrated in San Luis Obispo County, California) |
Amy Lindner
Friday, December 28, 2007
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Amy,
You say: "I'm thinking that "The Stucco Company" probably did a rough clean on the windows and scratched them. Funny how the scratched windows are downstairs only. Upper level windows are scratch free. Please advise.
It's very difficult for me to make a call on the limited information you have given me. But, I would suggest if only the lower windows are scratched, it's a possibility the plastering contractor might have caused the damage. But, I would think they would have also scratched the upper windows.
I would need to actually see the glas to make a educated call.
Feel free to contact me and we can discuss this issue in more detail.
Good luck,
Dan Fields
Ph. # 925-294-8183 Ext: 201
E-mail: WindowGuru@aol.com |
Dan Fields
Friday, January 4, 2008
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We are in a similiar situation to the one that Amy described. Since 1998, we have done quite of few post construction window cleanings for a local construction company. It has worked out really well until recently.
We were hired by this same company to do a residential cleaning with a large amount of tempered glass. A few weeks after the job was completed, we received a phone call accusing us of scratching much of the glass.
We made an appointment to meet with the builder and the home owner to see if there was fabricating debris issue. Sure enough, you could see it with a microscope (even the builder said he could see it), but we are still be held responsible.
Unfortunately not waiver was signed, so I'm not sure if I have any options form her. Any advise would be helpful.
Thanks,
Dave Manderine
Window Genie
Akron, OH
windowgeniedave@aol.com |
DAVE MANDERINE
Friday, February 15, 2008
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Dave,
Sure you have options.
Tell the person that hired you the glass is DEFECTIVE and that's why it's scratched.
The cleaning method had nothing to do with the scratches. The Non-tempered glass was NOT scratched using the same cleaning method, so it had to be a surface defect on the tempered glass that caused the scratches.
Feel free to e-mail me directly or give me a call.
E-mail: WindowGuru@aol.com
Phone: 925-294-8183 Ext. 201
Good luck,
Dan Fields |
Dan Fields
Friday, February 15, 2008
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