What makes windows and doors unique?

A lot.  Apart from their essential function of adding light, beauty, and wellbeing to a building, window and door products exist in a hybrid space between a component product and construction.  It is the fact that windows and doors are assemblies of components that are then incorporated as a component into a building or structure that makes them unique from both legal and compliance standpoints.

What are the typical types of claims window and door companies face?

Many of the claims we help clients with are typical of a lot of companies―workers’ compensation, payment, and contract claims.  Where window and door claims tend to differentiate themselves is in the product design and engineering aspects.  Add in separate compliance and regulatory requirements and the nature of claims impacting window and door companies is broader than most.

How many types of windows and doors are there?

Many.  At a top level, window and door companies tend to fall into two categories: those serving either the commercial or residential markets.  Commercial glazing is a vast market and includes everything from skyscraper curtain walls to shop entrances, and all other buildings in between. Residential window and door companies can supply material to large tract home builders, offer customized products, and may even provide installation services.  We support clients at all levels of the window and door marketplace with a full range of experience.

Can I just copy someone else’s warranty?

Copying someone else’s work is a problem, just like it was in school.  Beyond plagiarism concerns, warranties should not be treated as a one-size-fits-all, cookie cutter item.  Warranties are contracts with long-term obligations that can represent serious financial and reputational commitments. Each company should carefully consider every warranty term and their future implications because warranties apply to companies today and as they evolve in the future.

What is Magnuson-Moss?

For certain kinds of transactions, the United States has issued rules to protect consumer purchasers.  For warranties, these rules tend to be grouped into the description “Magnuson-Moss” in reference to the Magnuson-Moss Warranty Act.  The provisions of Magnuson-Moss set disclosure and content requirements for consumer warranties that, if violated, can result in significant penalties.  Whether Magnuson-Moss applies to a company depends on variety of factors that can include market, customer type, and sales model.

What if I want to give more than the warranty requires?

A warranty is not necessarily a cap on what a company will do.  It can and should set limits on the scope of a company’s commitment to its product or work, but those limits do not have to be inflexible. When a decision is made to give more than a warranty might otherwise provide as a one-time accommodation it is important to document why, what are the company is getting in return, and/or weighing the impact of this new work on the warranty’s remaining terms.

Are there bad contracts?

Yes, and no. Some contracts are bad because they are not contracts―they lack the terms, conditions, and other essentials to be enforced as an agreement.  Other, valid contracts can be bad because their terms and obligations are either convoluted, one-sided, or overly broad.  A contract is a tool to accomplish a result.  And like any tool, the questions surrounding whether it is proper to achieve the intended result depends on the parties, project, and goals.  The worst contract though, is the one you don’t use.

Can I just cut out parts of contracts I do not like?

You can try.  Contract negotiation is a question of leveraging power.  Where a party has more power―be that money, availability or simply size―that party tends to be able to dictate the terms and conditions of an agreement.  In our experience, however, there are still concepts of fairness that good business partners want to reach.  Whether and how those fairness items are balanced requires good advice and counsel, whether you are negotiating a brand new contract or seeking an addendum to existing contract terms.

What are the most important parts of a contract?

The real question may be, what parts are not important?  A contract is a legally binding obligation to perform a set of activities or meet a certain goal.  The where, when and how those items are accomplished are all terms that can impact performance, profit and retaining those earnings.  And when the understanding comes that all terms of a contract matter, so too does the ability to grasp the caution before signing and need for good advice.

What kind of insurance does my business need?

The kind that suits your needs.  Insurance needs depend greatly on their place in the market.  This is equally true for window and door companies.  Sales companies may need to leverage great coverage to their general liability and auto coverage because they tend to be on the road so much.  Manufacturers will prioritize their products and completed operations coverage to protect against defect claims well into the future.  Design and architect companies will stress professional services and error and omissions coverage.  We are experienced in consulting with clients on these points and working to maximize the available protections.

Should I have a deductible or retention?

Many policies contain these features.  The answer of which fits your business can depend on many factors including your risk-tolerance.  Deductibles tend to allow the insurance company to control how a claim proceeds and then bills an insured for its effort.  Retentions allow the insured to control a claim, subject to certain limitations, before the insurance company has to respond.  Whether a retention or deducible is right for a business is a strategic decision that depends on sophistication of the insurance capacity of the business as well as the wiliness to encounter risk directly.

Doesn’t my broker take care of all this?

Quality insurance brokers are key business assets.  They can provide a wealth of expertise in securing the proper coverage at a reasonable price.  Where there is a significant claim history, however, lawyers working with brokers can be a powerful team to help achieve proper coverage that also is a strategic asset in achieving the business and reputational goals of a company.

How do I not get sued?

Claims and lawsuits are a modern reality of the current business environment.  Recognizing that fact should be both a concern as well as motivation.  Review of business practices, documentation and materials can be an important factor in preparing for a potential suit.  Proactive risk management and the implementation of preventative strategies and best practices can help actively limit exposure before it happens and after it occurs.

What if the claim is baseless?

There are few obstacles that stand in the way of bringing legal complaints.  The American court system does not require upfront validation of a claim and provides those who win a case little in the way of redress against claims that were improper. Managing relationships with customer, vendors, and business partners can provide alternatives to formal legal claims as a preventive measure. Once a claim is initiated, legal counsel can assist in navigating a questionable or even baseless claim with efficiency.

What is fenestration?

In the building industry, fenestration refers to openings in the outside of a building that are typically filled with glass and glazing systems like windows, doors, or skylights.  In everyday German the word “fenster” means window and the English meaning has carried that over to the present.

What kinds of companies do you work with?

We work with commercial and residential glazing companies throughout the United States and internationally.  We also count vendors and component part suppliers to those industries among our clients, as well as local sales and dealers.  Our business-growth approach to problem solving helps us add value to all levels of the marketplace.

Do you only work with window and door companies?

We leverage our decades of experience and service to the glass and glazing marketplaces to help those industries.  We do not limit ourselves to those industries and are happy to help any company looking to take a common sense approach to legal risk management.