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THE INCREASED RISK OF INSTALLED SALES

Recognize and prepare for the liability that can come with product sales and accompanying installation services If you’re a manufacturer or seller of window products, you’ve likely encountered a request to also include installation services along with the sale or […]
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Covenant Not To Compete

Covenant not to compete are most-often designed to restrict an employee’s ability to work for a competing business in a relevant geographical area for a period of time after employment ends. While not new, noncompete agreements remains a source of […]
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What’s In a Name? The Full Versus Limited Warranty

Have you ever wondered why so many manufacturers include the word “limited” in the title of their warranty? Thanks go to the Magnuson-Moss Warranty Act, a federal statutory scheme that requires warranties for consumer goods to be designated as either […]
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The Nature and Consequences of Out-of-state Subpoenas

Most litigation takes place in the state court system. For example, a dispute arising out of construction in Illinois will normally be litigated in a regional Illinois state court – there are exceptions, but this is the general rule. This […]
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Window Warnings: Changes in Warnings and Disclosures During New Window Sales

The United States Supreme Court is not asked often to address questions that have the potential to touch on window and door claims. But the Court’s decision in a maritime asbestos-exposure case did just that. The question before the court […]
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Trends in Modular Construction

Modular construction, both single and multi-family residential and commercial, has been suggested as an industry sector to watch. There is a general consensus that the U.S. is in the midst of a “housing crisis.” Reports from the Census Bureau, National […]
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Get Your Certification Extensions Here!

In 2019 AAMA published changes to the certification process in AAMA 103-19: Procedural Guide for Certification of Window, Door and Skylight Assemblies. It updated several provisions, including removal of the limitation on the number of recertifications a manufacturer can seek […]
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The Evolving Risks of Claims in Green Building

Green building and energy performance are ever-developing areas within the construction industry. So too are the associated risks for industry stakeholders. So far, claims relating to green building construction have been (and will likely continue to be) asserted based on […]
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What to Consider with Energy Performance and Warranties

Written limited warranties are exceptionally good tools to define up-front the expectations of buyers and sellers regarding a product. However, manufactures and sellers should be aware that despite the express terms and limitations of the written warranty, other words, representations […]
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Should Industry Standards Be Available to the Public Free-of-Charge?

Many current building codes incorporate AAMA or ASTM standards into the code sections relating to windows and doors. For example, the 2009 IRC Section R612.3 states that windows with fall prevention devices and window guards “shall comply with the requirements […]

