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Original poster

Window company fitted wrong spec windows into my house

38 replies

MrsHogwallop · 15/04/2021 18:32

I think that my window company have (presumably accidentally) fitted acoustic glass to the non-road side of my house and standard glass to the front, which is where we have the sound problem. Came to light when we were disappointed (to put it mildly) in the additional sound proofing provided. I have a clear email trail saying where I wanted the acoustic glass. They’ve drawn up the contract to the wrong spec (with acoustic on the back windows) and I’ve signed it. Since then, they say that they’ve actually fitted the right glass, and this can be discerned from the numbers on the spacing between the windows, which are obviously meaningless to me. I’m not a window expert and seems clear to me where the fault lies. What I want is a refund on the front windows so I can now get a decent company to give me some proper sound proofing. Anyone had a similar experience? Worried they will only offer to make good but I’ve lost faith in them and want someone else to remedy this. I’ve yet to pay the final instalment. It’s a local firm although they are fairly established. I have 3 different friends using them right now. Any advice appreciated on how to approach this with them. They’ve gone quiet for last 48 house since I realised and complained.

OP posts:
rwalker · 15/04/2021 18:35

You didn't check it you've got what you've singed for .

Theunamedcat · 15/04/2021 18:38

Do they make there own frames or buy them in? are the numbers similar in format to the ones at the back? Are they saying they fitted acoustic back and front?

EnglishRain · 15/04/2021 18:43

If you signed the contract with it being incorrect I don't think you can expect them to do anything to be honest, unless I've misunderstood?

Oblomov21 · 15/04/2021 18:48

I totally disagree with all pp's. You thought you were getting acoustic. You didn't. Only a knowledgeable Expert /specialist would've known, at the time of fitting.

If I was there at the time, and the fitter had asked me to approve that I was happy with the fitting of windows a, unless it was a black dress instead of a red dress, I wouldn't have known!

NoWordForFluffy · 15/04/2021 18:54

What exactly is in the contract? Potentially you could argue mistake, but the exact wording may mean this isn't possible.

drpet49 · 15/04/2021 18:56

* They’ve drawn up the contract to the wrong spec (with acoustic on the back windows) and I’ve signed it.*

^Your fault. You didn’t check before signing.

Aquamarine1029 · 15/04/2021 19:00

They’ve drawn up the contract to the wrong spec (with acoustic on the back windows) and I’ve signed it.

Sorry, but this is all on you. By signing you state that the contract presented is correct.

Original poster
MrsHogwallop · 15/04/2021 19:09

Thanks all, I think it’s very unlikely the window company will be this hard headed as they have a reputation to maintain and there’s no way they are going to have the expectation that their customers would understand the technical detail on the contract or know what an acoustic panel should look like. The question I have is whether a refund is a reasonable request, or whether the existing company ‘making good’ is the best I can hope for, given their disastrous error.

OP posts:
suggestionsplease1 · 15/04/2021 19:12

But they're saying they have fitted the acoustic glass to the front? That presumably can be evidenced?

NoWordForFluffy · 15/04/2021 19:13

Are you saying that the contract only had technical specifications on it, without any layman's terms included? As I've said, it all depends what the wording of the contract is. If a layperson definitely couldn't have worked it out, and there were no defined terms / explanations then you may have a case. Nobody can tell you without knowledge of the pre-contract discussions and wording of the contract / any accompanying correspondence.

Aquamarine1029 · 15/04/2021 19:15

Are you saying that the contract only had technical specifications on it, without any layman's terms included? As I've said, it all depends what the wording of the contract is. If a layperson definitely couldn't have worked it out, and there were no defined terms / explanations then you may have a case.

You never sign something you don't understand.

NoWordForFluffy · 15/04/2021 19:15

Ultimately, if it's wrong and they offer to replace, then you'd struggle to argue against them simply putting it right. It's not 'disastrous' really though, is it? They haven't demolished a building accidentally!

secretskillrelationships · 15/04/2021 19:16

I think it's an error but it can be put right presumably. I've learnt, the hard way, that if you assume that everyone wants a good outcome - you want your acoustic windows, shop wants a happy customer - it's much easier to negotiate to that conclusion and you end up collaborating rather than in opposition. Sounds as if you missed it on the contract but it was their error in the first place so mistakes on both sides. If they fitted acoustic windows where you want them would that sort it for you?

NoWordForFluffy · 15/04/2021 19:17

@Aquamarine1029

Are you saying that the contract only had technical specifications on it, without any layman's terms included? As I've said, it all depends what the wording of the contract is. If a layperson definitely couldn't have worked it out, and there were no defined terms / explanations then you may have a case.

You never sign something you don't understand.

That's as maybe, but the contract should be clear as to the agreement between the parties.

It's all going to depend on detailed examination of all documents. Nobody will be able to say for certain on here.

MNWorldisCrazy · 15/04/2021 19:21

@rwalker

You didn't check it you've got what you've singed for .
Aren’t you just lovely Hmm
suggestionsplease1 · 15/04/2021 19:21

Even if they have actually fitted it to the front...the real-world impact of acoustic glass is probably quite hard to determine in advance as I imagine a number of other factors impact on noise entering the house - general design, building materials used. So I imagine they can't guarantee your noise-reduction experience, just that they've installed what they have said they have.

I got single panes of secondary glazing after my double glazed windows and that had quite a good effect - I think it was something to do with the space between the 2 units - about 10cm, which apparently helps.

RestingPandaFace · 15/04/2021 19:23

If the contract had acoustic glass at the back and you signed it, and that it what they have fitted I’m it sure you have much of a case unless as PP said the contract isn’t valid.

Did you have some other documentation e.g. emails saying about the acoustic glass?

You’re on a hiding to nothing getting a refund, you’d be better going after them to rectify the glazing in the front.

PMcGintysGoat · 15/04/2021 19:32

whether the existing company ‘making good’ is the best I can hope for

The best? Surely that's the preferred outcome? It doesn't sound like they got the fitting wrong, the office put it the wrong way round on the contract, it doesn't mean there's anything wrong with the fighting or product.

I'd be hoping that they could deglazed and reglazed with right glass without having to replace frames, could be fairly painless.

spongedog · 15/04/2021 19:35

@secretskillrelationships

I think it's an error but it can be put right presumably. I've learnt, the hard way, that if you assume that everyone wants a good outcome - you want your acoustic windows, shop wants a happy customer - it's much easier to negotiate to that conclusion and you end up collaborating rather than in opposition. Sounds as if you missed it on the contract but it was their error in the first place so mistakes on both sides. If they fitted acoustic windows where you want them would that sort it for you?
I think this is the way to go. If they are local and have a good reputation they will want to make sure that you are OK. So I would be very positive in your communication with them - that you know they want to get it right.

I do however agree with others that if the contract was the technical-speak eg we are fitting Panel 101 to the front and 909 to the back - I dont see how you as a non-expert customer could be expected to know that level of specification. This isnt a total house rebuild.

GreyhoundG1rl · 15/04/2021 19:37

@Oblomov21

I totally disagree with all pp's. You thought you were getting acoustic. You didn't. Only a knowledgeable Expert /specialist would've known, at the time of fitting.

If I was there at the time, and the fitter had asked me to approve that I was happy with the fitting of windows a, unless it was a black dress instead of a red dress, I wouldn't have known!

She signed the contract detailing what was to be installed where.
Dryadia · 15/04/2021 19:51

When our builders used totally the wrong spec items, we checked and legally we had to at least give them the opportunity to correct their error before taking things further.

Luckily that is exactly what they did, although it was an unpleasant experience all told, especially as we had totally lost confidence in the firm. They were not happy having to removed, source and replace, all at their own cost.

They had by this time realised some of my family were senior partners in a law firm, so that may have made a difference in their attitude. Grin

Dryadia · 15/04/2021 19:55

We had agreed the original items, but at the time had not realised they were not suited to purpose and as the experts, they should have known this.

Can you genuinely argue that they ( as the experts) should have realised the spec was the wrong way around?

GreyhoundG1rl · 15/04/2021 19:56

@Dryadia

When our builders used totally the wrong spec items, we checked and legally we had to at least give them the opportunity to correct their error before taking things further.

Luckily that is exactly what they did, although it was an unpleasant experience all told, especially as we had totally lost confidence in the firm. They were not happy having to removed, source and replace, all at their own cost.

They had by this time realised some of my family were senior partners in a law firm, so that may have made a difference in their attitude. Grin

Presumably you hadn't agreed to the wrong items being used in the first place? Your situation appears to be the builders mistake which they're obligated to put right. (and they'd be obligated regardless of who your relatives are) Op signed a contract with incorrect information in it.
TheUndoingProject · 15/04/2021 20:02

I think you’re being a little bit optimistic to be honest. Legally the builders are almost certainly in the clear, and I can’t imagine their reputation would be hideously damaged if you make public that they ... installed what you had contracted them to install.

2bazookas · 15/04/2021 20:20

I had a similar experience. The window company did not fit to their own contracted spec (they had used thinner cheaper glass) . I noticed (I read that little strip between the panes) and they had to refit the entire window with the right glass.

Kick up a stink right away and keep kicking .