Window company fitted wrong spec windows into my house

[MrsHogwallop]

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.

GreyhoundG1rl

We had agreed the item in the original quote. There were two items I left to them ( the experts, to suggest and source, they cocked up both).

One caused a huge problem, added weeks to the build, which they corrected at no extra cost and compensated us for inconvenience and the weeks it took to remove and rebuild. One we have worked around.

My exceptionally limited understanding of contract law is that if the contract is ambiguous a court would find in favour of the party who didn't draft it. So if the acoustic glazing is denoted by some sort of code then I think it is unreasonable that they could expect you to know what you were signing. However, if it says the words acoustic you might be on a sticky wicket.

I do agree though that given its a local company and an honest, albeit an annoying mistake, I think you should work with them (and I say it that way to suggest that initial conversations are friendly) to rectify.

Unless there is something you've not mentioned about the general quality of their work?

@MNWorldisCrazy
rwalker
You didn't check it you've got what you've singed for .
Aren’t you just lovely hmm

No practical .The contract is basically the details of your order what it says on it is what you get .
You sign it you accept it I don't understand why telling someone there in the right when they are not is going to help the situation . if anything it will make it worse as the will feel even harder done by .

Anyone had issues with Roseview windows being installed?

Hello, wondering wether anyone has Roseview UPVC Sash windows installed and had installation and specification issues?

I do sympathise OP.

I recommend trying to settle matters amicably with the company as this will be the quickest solution.
However you first need to determine whether the contractors have fitted acoustic windows at all and in the right place.

Can you find out who manufactured the windows and ask them to confirm the difference between the two types of window, to help you to ascertain if and where acoustic windows were fitted? Or can you ask a builder for advice?

If you have evidence the acoustic windows were fitted in the wrong place, or not at all, the normal expectation would be to give the company the opportunity to rectify the matter. They should not charge you for this as a matter of goodwill.

I hope this route resolves the matter.

The windows company are very unlikely to pay another company to rectify their work unless this is ordered by a court.

Regarding the contract, no one here can advise you of your legal position without seeing the contract and having legal expertise.

If you have legal expenses cover on your household insurance you could give them a ring.

The fact you signed a contract placing the windows in the wrong location might not be fatal to your claim if this is an obvious mistake in legal terms. To argue this point successfully you would need legal representation. Your legal fees for this alone and follow up with the company could be 3,5- 5k.and easily the same again to take matters to court. So a legal claim cost you nearly as much or more than what you paid for the windows. If the claim is £10,000 or less you can’t claim your legal expenses even if you win. It will also take many months for the case to be considered.

Presumably you've had all the frames etc replaced at the same time, not just the glass.
Worst case, if they are standard uPVC at least, it's not a very big job or that expensive to just have new glass panes manufactured and fitted.

“Worried they’ll only offer to make good”. What else do you expect them to do? I would have a polite conversation with them in person and ask them to rectify in good faith.

They gave you a contract to remove any possibility of any misunderstandings, unfortunately you confirmed it was correct by signing it.

I would have started the conversation, by saying I see I have made a mistake, can we resolve it with some some of compromise?

If they are a member of FENSA, they may be able to arbitrate.

They’ve drawn up the contract to the wrong spec (with acoustic on the back windows) and I’ve signed it.
seems clear to me where the fault lies. What I want is a refund

You signed the contract even though you knew it was incorrect?
I don't think you'll get a refund. You might, through goodwill, get them to replace the glazing in the new frames - going at it all guns blazing demanding a refund probably won't work.

I think technically you signed the spec and if anything wasn’t clear to you, you should have asked for clarification. But, as you say, the window company will hopefully not focus in who is to blame and, instead, focus on putting the issue right and having a happy customer.

You are unreasonable to request a refund if the window company is willing to rectify the issue themselves. It may be an error but it is not a disastrous error and they should be given the opportunity to put it right.

ZOMBIE thread

@Dryadia

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?

I'd have thought you had a good case- if they were a reputable company I'd have expected them to point out it was the wrong way round even if a customer had specified it like that, just to make sure. I'd also have expected the fitter to have the wit to double check with you before actually fitting the glass if it wasn't the usual way round.

I've had 2 glass issues in the past. One was where the unit had been put together back to front- I wouldn't have known, but the fitter did, he rang his boss and got the boss to order a new glass unit, and fitted the 'wrong' one until it could be manufactured. Then came back and fitted the correct one.
Another was where I'd ordered some special glass (very slightly grey) for a conservatory roof. I wandered out to look at the job as the fitter was fitting it, noticed it was the wrong glass. We checked against standard glass, he agreed it was just standard clear glass. The manufacturer insisted on the phone they had used the grey glass, but neither I nor the fitter were having any. The manufacturer had to make a whole new set for the roof.

Who actually drafted the spec in your case? If they did, I'd say it was their mistake, as you couldn't reasonably be expected to know which way round it went.