Window Co. installation problems

2
Hello, everyone.
I'd like to get your advice about the problem I have with window/door company.
I placed an order in late October. Approx. installation date was "about" Jan. 30.
I called company and they said that it wasn't installation date, but date when THEY will receive the items in their warehouse. The new installation date was scheduled for Feb. 25-th. Today the installers are unavailable (was informed about it yesterday) and will install on March 10-th.
Such a long wait, don't you think.
I know that someone of you will tell me "it's up to me to gauge how much I can tolerate and wait".
Contract has no statement regarding schedule and what happens if installation date is postponed and any recourse.
What are my legal rights if I'm fed up with these postponements and will seek a refund of deposit for non-performance?
Let me know your thought, experiences etc.
Thanks.


As far as legal advice I would read some of the NJ Consumer Protection Act perhaps. Or chat briefly with an attorney.

My tactic would be to let the company know in no uncertain terms that you will seek a refund and legal action if they continue to push the installation date. It is unfortunate that one would have to play hardball like that but sometimes that's what it takes for action. My wife just went through the same issue with a contractor and a window installation as well for a work related project.. He kept stating the window was not in yet, blah, blah blah. He just kept stalling. She gave up and demanded a full refund and got it.

I had a similar experience with a furniture company here in town. I purchased a sofa and was told 2 weeks for delivery. That came and went as did a few other dates. When I informed them I contacted the credit card company to initiate the cancellation after 6 plus weeks, like a miracle the sofa was at their warehouse in a few days.


The crew may have recently tested positive for Covid. A friend experienced the same wait time, different service.

Spring fever Spring fever
February 25th

Good point SF. As long as the company gives a reasonable explanation for the delay then perhaps one could understand.

I should add after my sofa fiasco I spoke with the owner as I was really ticked. She explained that they wanted to have a few orders from that supplier as so they would have a larger truckload. I'm fine with that as long as that was explained clearly and truthfully in the beginning of the order process. For me that time it was not.


It does seem like a long time. However, we're doing a lot of renovations at our house at the moment and there are a lot of supply issues lately because of Covid. If we had wanted a different style of window, it would have been weeks longer.


Greg,
your situation is better than mine - I paid deposit in cash, therefore my leverage is lesser.


Everything is late due to COVID. It is what it is - can't do anything about it. Everyone is doing renovations in their home...consider yourself added to the list of people.

DancerLife
February 25th

That's a killer, Pyc. Perhaps a conversation that is direct but not Damn the torpedo's direct yet.

Good luck!


Yes, but just a deposit at risk, could be worse.... That said, you frankly have no easy way out. Even if you small claim's, if a real scofflaw, you get a judgement and can never collect. It's ez, all on line or virtual. If not a scofflaw, they you probably didn't need to file.

The good news is given the weather, might be a blessing not to open up and attempt work these past six weeks.

That said, you can call and say you are concerned that they slipped the date one or two times and that you really need them in on 3/10 or you would like to get a refund. Pretty much just lay out that you are serious and ready to end it. After that, it's just small claims and time ---- sounds like you are pretty much documented if you note the date of the calls, date changes, and the like. I mean pretty hard to hold the deposit if you don't have the doors IN. And saying they bought the goods on your behalf ---- that's January 30th ---- so where is the install, it's been a month and they had, what all of January to think about the date? Sounds like they didn't buy them on your behalf..... You should win, but can you collect?

Note to all --- that's one credit card benefit. My most recent case --- ordered in summer, delivered half the order, finally gave up in winter, will get full refund in March ---- I basically sent a text to my credit card company and they did the rest. Worth a couple grand and lost not a penny.

Good luck and before you call, be sure you are willing to take those next steps if it doesn't go well.

strangerdanger strangerdanger
February 25th

Greg,

I wonder if your sofa experience was from a store that is no longer on main street? I had a very very similar experience, only 2-3 months turned into 6 before it finally arrived. I was told the same thing about wanting to "fill a truck". The only difference is I called the furniture manufacturer directly and they gave me a completely different story. The manufacturer told me there was a problem with the fabric I picked and they needed 2-3 more weeks for replacement material to arrive (plus production). With that knowledge, I waited until the store called to tell me the sofa was coming in and they wanted to arrange delivery and I told them no - they lied to me and I wasn't going to accept the furniture from them.

I am generally very patient with companies (I run one myself - I get things happen), but don't lie to me (it doesn't take 6 weeks to "fill a truck"). I wound up taking the furniture, but they gave me something like $250 off.

To OP, with the run of bad weather and possible covid exposure, it is possible they are legitimately pushing back installation due to circumstances other than being shady. BUT, they should also be honest with you.

One last thing - as SD mentioned, you do get a lot of protections with credit card purchases, and I see a lot of people saying "just do a chargeback" if something doesn't pan out as you want. You really should not be using the chargebacks as the "go to" way to resolve an issue. Yes, there is a time/place for chargebacks, but that is really a nuclear option. Don't go to that first.


Well, I called them today to confirm the "hopefully final installation date".
We'll see. they run business like they're scared maniacs - all is in secrecy due to so-called "security".
Thanks, guys, for you input.
I will post, if they will screw up again.


Update:
Finally, the windows and door were installed.
The installation was scheduled to start at 9a-11a, crew arrived at about 4p and finished job at...... midnight. Exciting, right?
Why did it take 8 hours to install them? Well, the patio door was built too wide and didn't fit with new rough jamb. The installers had to do their magic and rip jamb (and header) to fit the door. The reason - improper initial field dimensions prior to fabrication and improper dimensions verification days later.
Three weeks after installation they still didn't complete a punch list.
The company we had contracted was Castle Windows and dimensions were taken by their sales rep Brian Makarevich.
Needles to say, I won't call this co. again.


Pyc Thanks for the update, you probably saved a few of us from the same fate.


Wait. They had to cut the header?

Sacks cousin
2 weeks ago

eapos,
You're welcome. It turned out that I wasn't the only Castle's customer with similar problems.
Sacks cousin,
well, not exactly header, but sheathing and gyp. board. The framing was not cut.


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