If the plastic windows were installed poorly?

In this article I want to tell you in detail about the situation when low-quality plastic windows are installed or when a window installation company simply violates your consumer rights, violates deadlines, and the windows themselves may be of poor quality. It is necessary to prove these facts and in many cases the situation is not resolved peacefully, the matter ends up in court. But first of all, you need to know your rights, understand what to demand from the window installation company and in what form to prepare evidence.

What should you do if your windows were installed poorly or the installation deadlines were missed? (your rights)

I would like to immediately refer to the legislation that a consumer can follow if he has received a poor-quality service for the installation (installation) of plastic windows, and this legislation also regulates the relationship between the customer (consumer) and the manufacturer (installer) of windows:

Civil Code of the Russian Federation;
Law on Consumer Protection;
Decree of the Government of the Russian Federation of August 15, 1997 N 1025 (as amended on October 4, 2012) “On approval of the Rules for consumer services in the Russian Federation.”

To begin with, of course, you need to decide what the problem is and then understand what requirements you can make on the basis of the Consumer Rights Protection Law.

If the installation (installation) deadlines are violated, for example, you made an advance payment, and the organization delays the production and delivery of windows, or the installation of windows was not carried out within the deadlines established by the contract.

Poor installation of windows, as well as questionable quality of the windows themselves. Windows may contain defects, that is, defects that affect both the appearance and functionality of the windows. The installation work on the windows was carried out poorly. In the process of using windows, hidden shortcomings were revealed.

Actions of the consumer in case of poorly performed work

What if the windows are installed poorly?

To begin with, I would like to refer to the provisions of the Civil Code of the Russian Federation on the relationship between the contractor and the customer.

Based on paragraph 1 of Article 721 of the Civil Code of the Russian Federation, the quality of the work performed by the contractor must necessarily comply with the terms of the contract concluded between the parties, and in the case where there is no contract, then it is necessary to be guided by the requirements usually applied to work of the corresponding type. The result of the work performed must have the properties and meet the conditions specified in the contract, or usually the requirements for work of this kind, the result of the work must be suitable for the period established by the contract, and if the terms are not established in the contract, then the result of the work must be suitable for use according to the deadlines usually required for work of this kind.

Based on paragraph 2 of Article 721 of the Civil Code of the Russian Federation, if mandatory requirements are imposed on the work performed under a work contract on the basis of legal acts, then the contractor performing the work under the contract must strictly comply with these requirements. The contractor must not underestimate the quality of the work performed; he has the right to perform work that meets quality requirements that are higher than the requirements established mandatory for the parties.

This concerns the civil legislation of the Russian Federation, and now let’s move on to the legislation on the protection of consumer rights.

Based on Article 29 of the “Law on the Protection of Consumer Rights”, in the event that a consumer discovers shortcomings in the work performed or service provided, he has the right to demand from the contractor:

Eliminate identified deficiencies in work free of charge within a reasonable time frame established and agreed upon by the parties. Typically a reasonable time frame is 7-10 days;
Demand a reduction in price for work performed commensurate with the shortcoming;
If the customer independently eliminated the deficiencies on his own or by third parties and accordingly incurred expenses for their elimination, the customer has the right to demand reimbursement of the expenses incurred from the contractor (the demand must be satisfied within 10 days).

Here I would like to say right away that if the work is done poorly, but is delivered on time, this does not mean that the work was delivered on time, since in fact, if the work has flaws, it is not considered completed in full and on time. Even if the contractor has eliminated all the shortcomings, this does not relieve him of responsibility for violating deadlines and late delivery of work results.

As for the dubious quality of the work performed, if deficiencies are discovered, the consumer makes a claim to the contractor, but he cannot immediately refuse to fulfill the contract. As I said above, the consumer has the right to set new deadlines for eliminating deficiencies and that’s all for now, but then the consumer has other rights that he can also exercise, depending on the situation.

If the contractor does not eliminate the defects within the new deadline set by the consumer for their elimination, then the customer has the right to refuse to fulfill the contract and demand full compensation for losses.

How to get money back for poor quality service?

There is also such a thing as significant deficiencies in the work performed or service provided in the situation with windows, if the customer immediately discovered significant deficiencies during the installation of windows, or identified significant deviations from the terms of the contract.

A significant defect in the work or service is considered to be:

A defect that reappears after it has been eliminated;
Defects of the product that have been identified more than once, that is, these can be defects, each of which has been identified more than once and each of such defects makes the work performed not comply with the mandatory requirements provided for by law or established by the contract and ultimately leads to the impossibility or inadmissibility of using the work or service;
A defect in the work performed cannot be eliminated without a disproportionate amount of time, that is, if eliminating the defect requires a period of more than 45 days or eliminating the defect requires a period longer than the period agreed upon by the parties, but again no more than 45 days;
If eliminating the defect requires disproportionate financial costs, that is, if the costs of eliminating the defect are close to the cost of the work performed or services provided (the cost of the goods);
If the identified deficiency is irreparable.

If warranty periods are established for the results of the work performed, the consumer can make claims regarding the quality of the work performed during the entire warranty period. If the warranty period is not established, then all claims regarding identified deficiencies in the work performed are made within 2 years from the date of completion of the window installation work.

When the consumer discovers a significant defect after the expiration of the warranty period, but within 2 years from the date of delivery of the results of the work, he has the right to make demands on the contractor to eliminate the defects free of charge, if he proves that the defects arose before he accepted the work or for reasons that arose up to this point.

If significant defects were identified after the expiration of the warranty period and after 2 years from the date of completion of the work, but within the service life limits established for the work result, or within 10 years from the date of acceptance of the work result, in the event that the service life is not established, then the consumer can also make demands for gratuitous elimination of defects and demand:

Refusal to fulfill the contract for the performance of work and compensation for losses in full;
Reimbursement of expenses incurred by the consumer to eliminate deficiencies in the work performed (service provided);
Reducing the cost of payment for work performed or service provided.

If the deadlines for completing window installation work are missed?

If the contractor violates the terms of delivery of the goods pre-paid by the consumer, then on the basis of paragraph 2 of Article 23.1 of the “Law on the Protection of Consumer Rights”, the consumer has every right to demand:

Refund of the advance payment amount and refusal to execute the contract;
Set new deadlines for the delivery of prepaid goods and work.
So in this situation, the consumer has every right to demand full compensation for losses caused to him due to violation of the terms established by the contract for the transfer of goods and performance of work.

Also in such a situation, the contractor, for violating the deadlines, pays the consumer a penalty in the amount of 0.5% of the amount of the prepaid goods for each day of delay. The period from which the penalty begins to accrue begins to flow from the moment when the contract determined the date of delivery of the prepaid goods.

What to do if the installation of windows or the windows themselves turned out to be of poor quality?

First of all, let's determine what the main shortcomings can be identified in windows:

When opening and closing windows, there are problems with the operation of the fittings;
The formation of moisture when the window is closed or icing inside the double-glazed window from the apartment side, formed on the glass, frame, window sill, the formation of mold for this reason;
Large gaps in the windows, poor sealing of the sashes when closing the windows;
Different sizes of window sashes of one window, the presence of glazing bead gaps;
If the closing of the window is accompanied by a blow to the bottom of the frame, this is usually the cause of the sash sagging;
Moisture entering the assembly seam in the presence of precipitation;
Uneven slopes and window sills, cracks, chips, scratches, cavities (pits) in plastic, dirt and other aesthetic defects;
The gaps between the place under the window and the window frame are poorly foamed, which led to the formation of voids and when there is wind, a draft can be felt from the closed windows.

In order to confirm the existence of these shortcomings, you need evidence. Of course, the easiest way is to write a complaint to the organization that installed the windows. You can describe the defects found and demand their elimination within the allotted time frame. But the question is, will the contractor respond to your claim? There are no guarantees, but it’s still worth a try, there is a chance that the contractor was found in good faith and everything will be fixed for you according to the claim.

However, in serious situations, when the consumer refuses to fulfill the contract if there are significant deficiencies, most likely the contractor will not agree with such a requirement and will deny the existence of deficiencies. In this case, you will need to conduct an examination, which will already show whether there are deficiencies and classify them as correctable or significant.

Typically, companies installing plastic windows themselves are window sellers, and after the examination has been carried out, the expert must give you several copies of the examination with the appropriate conclusion. Next, you write a claim based on the expert’s opinion and send it to the contractor, attaching a copy of the examination to the claim to confirm the validity of your claims.

Builder's warranty on windows. Factors voiding warranty obligations

After the new house is put into operation, its main elements are covered by a 3-year warranty. It states that the developer undertakes to eliminate at his own expense deficiencies (arising through his fault) provided that the residents did not carry out any work that would affect the functioning of the faulty elements. In addition to such work, the following factors may be the reasons for refusal to repair faults under warranty:

Violation of technology by residents when performing plumbing work, installing and using household appliances and equipment.
Violation by residents of the rules for the use of premises in residential buildings and the operation of real estate.
The end of the service life of the structure, calculated according to the relevant standards and GOSTs.
If, due to an accident or other unforeseen events, residents interrupted or changed the standard mode of operation of heating, ventilation, gas supply, and wastewater systems.
If elements have failed, the serviceability of which was initially confirmed by the residents, and problems arose during operation.

Law 214-FZ gives participants in the shared construction of apartment buildings the right to a minimum 5-year warranty on the main structural elements of the building. The developer's warranty on interpanel seams and roof is valid for 10 years.

Thus, it is better not to delay contacting the developer if the quality of the installed windows does not suit you.