What to do if plastic windows were installed poorly

Claims regarding plastic windows increasingly arise in the work of our consumer rights lawyer, which is why it is so important to know your rights.

Where can I complain about poor-quality window installation in my home? Let's figure it out.

Many people believe that concluding a contract before starting cooperation can be considered a guarantee of the company’s integrity. This, indeed, is additional insurance when protecting rights, but in fact, very often the agreement does not become an obstacle if the terms are violated.

A claim regarding windows against the developer may arise for the following reasons:

• failure to comply with the work deadlines specified in the contract;
• refusal to fulfill the terms of the contract;
• refusal to return money for poorly performed work;
• inclusion in the contract of provisions that infringe on the client’s rights

If windows were installed poorly in a room, this is a reason to demand:

1. eliminate defects free of charge;
2. reduce the cost of work;
3. replace window systems free of charge (in this case, the consumer returns windows to the company whose quality he is not satisfied with);
4. reimburse the costs that the consumer incurred when eliminating the defects on his own.

What to do if the window company has not fulfilled its obligations?

It is best to carefully consider, even at the stage of discussing the details, whether a particular company inspires trust. And even after the deal has been finalized, there is often an opportunity to terminate cooperation. For example, if in the first days it is clear that the company is violating the terms and conditions of the agreement, there is nothing left but to terminate the contract for the installation of plastic windows at the site. But what should you do if, after completing the work, it becomes clear that the company acted in bad faith?

The main way to protect rights in this case is a claim for plastic windows (sample consumer claim) - a document that indicates the cause of the conflict and suggests ways to eliminate it.

Hidden defects

The problem cannot always be detected immediately. It usually opens after a few days, or even weeks. What to do if defects in plastic windows are discovered a year after installation? It is important to understand that the law is on the consumer’s side.

ATTENTION! The customer has the right to make a claim for poor quality installation throughout the entire warranty period, and in some cases, the shelf life.

To avoid problems with double-glazed windows, you should not only monitor the work of the team, but also become familiar with production standards. Please note the following documents:

• GOST 23166-99 . General technical characteristics of window units;
• GOST 30674-99 . PVC window blocks;
• GOST 30673-2013 . PVC profiles for door and window blocks;
• GOST R 52749-2007 . Window installation seams with self-expanding vapor-permeable tapes;
• GOST 30971-2012. Assembly seams of junctions of window blocks to openings in the wall;
• GOST 54175-2010. Glued double-glazed windows.

Installation crews do not always make contact, so it is advisable to conduct an independent examination of their work. Yes, these are additional costs, but in the event of a trial this fact will become indisputable evidence.

How to write a claim for windows?

This document states:

• personal data and contacts of the person making the complaint;
• the essence of the conflict with a detailed description of its causes (defects, violations);
• requirements (compensation, free work, price adjustment);
• deadline for fulfilling requirements (this is 10 days)
• date and signature

The claim is drawn up in two copies, one of which is handed over to the violator, attaching copies of checks, receipts, contracts that are related to the subject of the conflict. If the claim is not accepted, you must go to court. However, practice shows that this is rarely done - usually the company satisfies the claim. That is why this method is optimal if it is important to protect your rights and receive the service in full!

Where can you complain about poor-quality installation of windows, other than the contractor himself and complaints against him, you can complain to law enforcement, if you encounter scammers, to Rospotrebnadzor, to the court.

USEFUL: watch the video on how to file a claim, write your question in the comments of the video to receive FREE legal advice on your situation

Installation with a surprise: looking for the culprits

Company refusal: what to do if the complaint is not accepted

• Where to go if you have installed low-quality windows
• The windows were installed incorrectly where to turn

First of all, try to find those who did the installation and try to enter into a dialogue with the would-be workers. Explain to them the reason for your visit, tell them about the possible causes of the defect and your own suspicions. If they don’t want to give in to you, and all attempts to establish communication turn into useless knocking on thresholds, take decisive action.

Depending on the size of the claim, the dispute is considered by a magistrate court if the amount of the claim is up to 50,000 rubles. or district (city), if the amount exceeds 50,000 rubles.

What to do if you were deceived when ordering windows?

In practice, there are cases when a citizen wants to save money, and therefore hires people who do not work in a window installation organization. The contract is not concluded in order to save money, and it’s just laziness, laziness to do everything correctly from a legal point of view, protecting yourself with the deal.

So, a citizen found through an advertisement that in his area there is a master Ivanov who will install plastic windows with high quality, quickly and inexpensively. When we meet, Ivanov asks to pay the money in advance, and then gets to work, and in the process, he doesn’t install everything correctly, the window doesn’t stand, or better yet, it might fall out, and disappears with your money. Or there is another scheme, it is also designed for people who do not understand windows, the master after he has established contact with you.

He gains your trust and tells you that if you don’t change the glass, it will burst, or that the slope is wrong, and the window sill needs to be changed, and it turns out that you spend 5-7 thousand rubles when you could do everything make it for 500 rubles. There is also a situation when an organization deceives you, it has exactly the same scheme, only then, when you want to present them with a demand to correct it, the organization does not exist, and it never existed at all, or it was liquidated, they also deceive in the field of lending, consumer protection in the field of lending. If such a problem arises, then you should contact the law enforcement authorities at the place where the crime was committed. Within a certain time, your application is verified and the issue of initiating a criminal case is decided. what else can be done?

1. Submit an application to Rospotrebnadzor regarding violations of the installation of plastic windows with defects, as well as about existing methods of protecting consumer rights from unscrupulous companies.
2. A court case. Another way is, of course, the court; solving your problem through justice is longer, but the result is worth it. A statement of claim for the protection of consumer rights is drawn up in court, the persons (plaintiff and defendant) are indicated in it; there is no need to pay a state fee, since it is not paid for the protection of consumer rights. In the descriptive part, you refer to the date of conclusion of the contract, the amount you paid, how it was accepted, what documents in addition to the contract were signed, and within what time the contractor had to fulfill his contractual obligations. After this, you refer to regulations. You also have the right to request payment of a fine from the full amount of the contract, because there was no response to the claim or the claim was left unsatisfied, you can ask for a penalty of 3%, and moral damages.

During the course of the case, the court will decide how to satisfy the requirements. It all depends on the plaintiff's evidence base. After making a decision. We wait for it to enter into legal force within 30 days from the date of the reasoned decision, and we receive a writ of execution and send it to the bailiff to collect funds. Also see returning a low-quality phone (follow the link for more details).

What type of repair is the replacement of window units?

Plastic windows, according to the manufacturers themselves, have a service life of 40-50 years. However, due to various reasons and faults, windows may require replacement. But when replacing window units, it is necessary to have the necessary information of a technical and legal nature, since there is a possibility of unnecessary loss of money.

The differences between major and current repairs are explained. Referring to the above document, three differences can be distinguished between major and current repairs:

1. Differences in reporting on recording income for repairs.
2. Life time. Repair provides less durability than replacement.
3. Variety of work. During routine repairs, a fault in a building element is eliminated, while major repairs involve replacing a structural part of the facility.

Also, the Town Planning Code of the Russian Federation prohibits increasing the price due to the renovation of the property.

Replacing window units refers to major repairs, since only the case when the windows can be repaired can be classified as current repairs. If the window unit cannot be restored and needs to be completely replaced, the work is classified as a major overhaul.

In the event of a breakdown of individual window frame elements, such as sash windows and transoms, the upcoming work involves replacing the window elements or repairing them. This event can be classified as ongoing repairs. In case of more serious damage, including the unsuitability of the window frame itself and requiring its replacement, restoration refers to a major overhaul.

If a window unit malfunctions in an apartment building, you must request a specialist from the management company servicing your building to determine the cause of the breakdown. If the fault falls on the shoulders of the management company, it will take upon itself to pay for and repair the breakdown.

Otherwise, residents pay.

In an apartment building, window units are considered the common property of the residents. This means that maintenance of the condition of the windows falls on the shoulders of the owners, and is not included in the payment for housing and communal services.

Violation of deadlines for window installation services

If the terms for installing windows are violated, the contractor is liable in accordance with Article 28 “On the Protection of Consumer Rights”, the customer has the right: to set a new deadline, to entrust the work to third parties (that is, to contact another organization so that they complete the work, and the customer in turn, will pay, or do it yourself, demand payment of the costs incurred, demand a reduction in the price of the order.

You can also demand compensation for losses due to violation of the order, and demand a refund by refusing to fulfill the contract. All of the above is compiled in writing and sent to the customer, so that in the future, if your requirement based on the law is not met, you can go to court.

Carrying out an examination

An examination of the installation of PVC windows allows us to identify:

• violation during installation of the connecting unit. A normal knot is sealed in three layers. The first is to protect the window from the influence of the external environment, the second is insulation, and the third is a vapor barrier. Typically, installers who want to work faster apply only two, or even just one layer;
• The fastening of the window block is broken. According to the rules, the corners of the window must be fixed at a distance of at least 150 mm from the internal corners of the wall. This is necessary because the window material expands greatly when exposed to sunlight;
• The mounting unit is connected incorrectly. When done correctly, it is tightly connected to all parts of the structure so that cold air cannot enter the empty compartments of the window chambers. Only a tight connection allows you to fully use the property of a PVC window - thermal insulation.

Refusal of plastic windows

You have concluded an agreement, but suddenly you realize that you do not want these windows, but want to return the money. Cancellation of the contract is possible only taking into account the costs incurred. Here it is important not to launch your refusal, that is, you paid, and the next day you decided to refuse, then do not think that the order will be completed, and you decided to refuse to refer to that. That the windows are not installed. This means you have the right to refuse. Erroneous judgment. The faster the better. Because the contractor will prepare the windows and will spend money on materials accordingly.

If the windows that you ordered do not correspond to the windows that were delivered, then you can refuse the contract, since the order was not completed properly, or set a deadline for the contractor to correct the windows.

How to force a management company to make repairs at your entrance

Repairing the entrance to an apartment building is a task that is inherently difficult only at first glance . If necessary, even in multi-story buildings, the process takes only a few weeks, taking into account the preliminary purchase of materials. It should be said right away that you don’t need a special form , just use a ballpoint pen and a sheet of A4 paper. The requirement to provide documents on a special form by the Criminal Code is not legal, according to state legislation.

Sample statement of claim for a refund for poor-quality windows

To the Zheleznodorozhny District Court

Ekaterinburg, Sverdlovsk region

Plaintiff:

Defendant: Limited Liability Company "Steklobom"

Claim price:

132,222 rubles 22 kopecks

STATEMENT OF CLAIM

about a refund for window installation

A contract was concluded between me and the defendant, the subject of which is the manufacture and installation of translucent window structures at the address in Yekaterinburg.

The price of this agreement is 109,000 rubles.

For the completion of the necessary work, I made an advance payment in the amount of 100,000 rubles to the defendant. Afterwards I deposited an additional 6,180 rubles.

According to clause 4.1 of the contract, the period for performing work under the contract should not exceed 15 working days from the date of receipt of the prepayment to the contractor’s bank account. Taking into account the prepayment, the work by the defendant should have been completed no later than December 27, 2013. However, on December 27, the installation of the structures was not carried out due to the bay window openings not matching the production. Meanwhile, the old bay window was dismantled. Due to the absence of any installation on the window, the winter season, I was forced to order material for their insulation, as well as pay for the work on its installation, which caused me losses in the amount of 6,000 rubles.

The work under the above contract was carried out with a large delay. During the operation of the installed window structures, the following defects were discovered:

• non-glazed opening to the street with an area of ​​9 square meters;
• absence of slopes and ebbs;
• there is no vapor barrier;
• no waterproofing;
• the installed windows are skewed by 6 millimeters;
• instead of ebb tides, edges of the same window sill are installed on the balcony.

In connection with the identified significant defects, I contacted Steklobum LLC with a demand to eliminate the violations of the terms of the contract. However, to date, these shortcomings have not been eliminated.

In order to establish a complete list of non-compliances with the standards of production of the type of work in question, I contacted the Non-state expert organization Limited Liability Company ANSE "Expertise". Based on the results of the expert study, the following was established:

1. all window structures were installed in violation of GOST;
2. the brick surfaces in the window openings are not prepared, there is an influx of cold air from the street between the mounting foam and the wall;
3. there is no moisture vapor barrier on the inside;
4. in the window contraction facing Lunacharsky Street, there is an influx of cold air between the frame-glass seals, the frame-opening sash;
5. there are no ebbs on the balcony, the installed window sills (instead of ebbs) are warped;
6. window structures facing the courtyard are skewed by 6 millimeters;
7. when installing window structures in the bay window, the external slopes were destroyed;
8. all window structures have vertical deviations from 0.5 to 2 centimeters;
9. internal slopes are made at different angles;
10. There is no foaming under low tides.

I paid 15,000 rubles for conducting this study.

By virtue of paragraph 1 of Article 721 of the Civil Code of the Russian Federation, parts 1 and 2 of Article 4 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the quality of the work performed by the contractor must comply with the terms of the contract, and in the absence or incompleteness of the terms of the contract, the requirements usually imposed on the work of the relevant kind. Unless otherwise provided by law, other legal acts or a contract, the result of the work performed must, at the time of transfer to the customer, have the properties specified in the contract or determined by the usually imposed requirements, and within a reasonable period of time be suitable for the use established by the contract, and if such use is not is provided for the normal use of the result of work of this kind.

Of course, the quality of the work performed by the defendant does not meet the requirements usually imposed on work of this type, because in the presence of the above deficiencies, further normal operation of the installed structures is not possible.

By virtue of paragraph 1 of Article 29 of the Law of the Russian Federation “On the Protection of Consumer Rights,” the consumer, upon discovering deficiencies in the work performed, has the right, at his own discretion, to terminate the contract and demand, in particular, compensation for the expenses incurred to eliminate the deficiencies in the work performed on his own or by third parties.

Carrying out work in violation of GOST requirements resulted in material costs to me - losses, in particular, for insulating windows, carrying out an examination, drawing up a pre-trial claim in the amount of 6,000, 15,000 and 2,000 rubles, respectively. These funds are subject to recovery from the defendant as a consequence of improper fulfillment of obligations under the contract.

Amount of debt: 106,180 (price of the contract) + 6,000 + 15,000 + 2,000 (losses) = 129,180 (rubles). Delay period from 03/30/2014 (claim dated March 19 + 10 days for voluntary execution) to 08/15/2014: total 139 (days)

Refinancing rate: 8.25 (%)

Total: 129,180 * 139 * 8.25 / (360 * 100) = 4114 rubles 92 kopecks.

I sent a claim to the defendant demanding termination of the contract and compensation for damages caused. However, to date, no actions have been taken by the defendant to resolve the disagreements that have arisen; the consumer’s demands have not been voluntarily satisfied. In this connection, a fine is subject to recovery from the defendant.

USEFUL: watch the video and find out why it is better to draw up any sample claim or complaint with our lawyer, write a question in the comments of the video, subscribe to the YouTube channel

A poorly installed bay window causes me numerous physical and mental suffering every day. After all, the previously mentioned disadvantages are the reason for the low temperature in the apartment and the presence of constant noise of blowing cold. The appearance of the installation also evokes exclusively negative emotions (photo appendices to the expert opinion). I estimate the moral damage caused to me by unlawful actions by employees of Steklobom LLC at 100,000 rubles.

Based on the above, guided by paragraphs 34, 45, 46 of the Resolution of the Plenum of the Supreme Court of the Russian Federation “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights”, paragraphs 2, 3 of the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated 08.10.1998 year No. 13/14, Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation No. 5451/09 dated September 22, 2009, articles 15, 309, 310, 395 of the Civil Code of the Russian Federation, articles 4, 15, 29 of the Law of the Russian Federation “On the Protection of Consumer Rights”, articles 131, 132, 98 of the Civil Procedure Code of the Russian Federation,

ASK:

• To recover from the Limited Liability Company "Steklobom" in favor of the Plaintiff the funds paid under the contract in the amount of 106,108 rubles.
• To recover from the Limited Liability Company "Steklobom" in favor of the Plaintiff the damages caused in the form of window insulation production in the amount of 6,000 rubles.
• …

Date, signature

IMPORTANT: watch a video on the topic of how to protect your consumer rights, and also subscribe to our YouTube channel so as not to miss useful information and the opportunity to consult a lawyer for free:

Drawing up a claim for plastic windows in Yekaterinburg

Installation of plastic windows is one of the most popular services today. It is not surprising that there are many companies on the market offering such a service, but the level of work of many of them is unsatisfactory. And even the existence of an agreement sometimes does not save from conflicts. How to refuse an order of plastic windows? What to do if the company has not fulfilled its obligations?

To draw up a claim, complaint, or lawsuit, you will need the help of our professional lawyers at the law office. They will help you solve your problem, and the culprits will be punished in accordance with the law.

Author of the article: © lawyer, managing partner of the law firm “Katsailidi and Partners” A.V. Katsaylidi

Share

Sample complaint for replacement of windows in the entrance

Problems with management organizations in our country are permanent. We pay money for the maintenance and repair of housing, organizations constantly say that there is not enough money, but repairs are not carried out. Or they are carried out, but partially. Situations often arise when residents have to look for information on how to write an application for entrance repairs. We tell you how to fill out a complaint correctly, where and how to submit it, and what to do if it is refused. We inform you what management companies should actually do, and what demands placed on them are unlawful.

• It is not necessary to provide the full registration details of the management company, but it is possible.
• It is worth adding the line: “In connection with the monthly payment of the payment document from the management company, I ask you to oblige the director of the organization, Full Name, to comply with the law and carry out routine repairs to the entrance, carry out cosmetic repairs, glaze the windows and repair the canopy.” Add other requirements if necessary.