Category: Expert Articles
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The Use of Generative AI in the Law
I can’t speak for all of those who remember when the video game Pong was new technology, but my sense is that many of us see the acceleration of Generative AI (GAI) as unnerving, if not altogether frightening. GAI is a very broad term but has been described as developing systems to replicate the intellectual…
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How would you like to pay for someone else’s lawyer?
Most manufactures are familiar with the concept of defense and indemnity in connection with contracts between parties. However, certain states have enacted statutes that require manufacturers to pay for the defense and indemnity of “innocent retailers” where a legal claim arises about their product. And while not all capture construction products, where they do, these…
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Have Your Gift Cards Expired?
Businesses, such as window companies, at times offer gift cards as incentives to purchase products or services. With other things on your mind, you might receive that gift card, put it away, and then immediately forget it exists. The next time you root through your junk drawer and run across a long-forgotten gift card, do…
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Res Ipsa Loquitur: The Case of the Falling Window
Many people assume that legal concepts are difficult to understand if you’re not a trained lawyer. While this may be true for many aspects of the law, in certain circumstances it is more straightforward. Sometimes, it is simply so obvious that something went wrong that legal responsibility can be determined when factual evidence is conceptually…
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Tort Reform – An Ongoing Endeavor
A recent report published in April 2025 by the economic consulting firm, The Perryman Group, entitled “The Economic Impact of Excessive Tort Costs on US Households” describes the significant adverse economic impacts of “unbalanced” civil judicial systems wherein excessive jury awards occur. According to the report, these unbalanced systems result in increased costs for goods…
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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 Casualty Company v. Knipp Equipment involved an attempt by Edwards County, Kansas, to recover damages…
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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, produced or manufactured in the United States. The Federal Acquisition Regulations (FAR) Council has long…
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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 a deliberate statement of commitment to evaluate an unwanted condition manifest in-service which may be…
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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 issue. Where that occurs, you may decide to go ahead and offer to fix 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 protection can differ wildly, are very technical, and impose substantial fines for the failure to…