Category: Expert Articles
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Will My Insurance Pay?
A question that gains more importance when litigation and defects are involved―especially with window and door claims. A recent decision from the District Court for Kansas shows just how complicated this important question can become. Some quick background: Employers Mutual […]
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Buy American Act & Executive Order 13381
Windows and doors supplied for government projects may be subject to the Buy American Act, 41 U.S.C. §§ 8301-8305. This Act requires that the government purchase products manufactured in the United States “substantially all” from articles, materials, or supplies mined, […]
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PLANNING FOR CHALLENGE TO THE PRODUCT WARRANTY
“Everyone has a plan ’til they get hit in the face.” – Mike Tyson From the standpoint of manufacturers of windows and doors, few documents receive the level of analysis and critical input as their product warranty. The warranty is […]
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An Accommodation is No Obligation
Every now and then a situation arises where there is an issue with a window or door that is not covered by the product warranty but you, the manufacturer, determine that you should give a little extra to resolve the […]
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Navigating the Many Worlds of State Consumer Privacy Laws
Privacy of consumer data is a legal issue that will affect the fenestration industry into 2020 and beyond. No less than 27 states are in the process of writing or enacting their own privacy statutes. The various approaches to consumer […]
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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 […]