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This settlement is closed!
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MW Manufacturers Inc. has reached a class action lawsuit settlement over allegations that the vinyl-clad, wood-framed windows contain a defect that leads to premature wood rot, staining, warping and discoloration.
The MW windows class action settlement includes windows manufactured by the company between Jan. 1, 1987 to May 23, 2014. The brand names of the windows covered in the MW class action lawsuit are: V-Wood, Freedom (a/k/a “Freedom Clad” or “MW Clad”), Freedom 600 (a/k/a “Builder Series 600” or “Series 600”), Revere or Freedom 800 (a/k/a “Pro Series 800” or “Series 800”).
The majority of the windows have been marketed under the trade name MW Manufacturers. However, some of the windows have been marketed under the name Ply Gem Windows.
According to the MW windows class action lawsuit, the vinyl-clad windows manufactured by the defendant are susceptible to degrading earlier than should be expected. The plaintiffs sued MW Manufacturers over claims of unjust enrichment, negligent misrepresentation, and breach of implied warranty.
While MW Manufacturers denies there is anything wrong with their vinyl-clad windows, they have agreed to the window class action settlement in order to end the litigation process.
Who’s Eligible
The MW windows class action lawsuit settlement is open to all Class Members who own or have owned homes, residences, buildings, or other structures physically located in the United States, American Samoa, Guam, Northern Mariana Islands, Puerto Rico, or U.S. Virgin Islands that contain or have contained vinyl-clad wood-framed windows manufactured by MW Manufacturers, Inc. from January 1, 1987 to and including May 23, 2014.
This includes double-hung, casement, awning, sliding, fixed, special shape, picture, transom, and sidelight windows.
Potential Award
1% – 50% of each qualifying window.
The amount varies based on a calculation that accounts for the specific size and age of the window and the geographic region of the structure containing the window.
In order to receive benefits, you must have suffered either Level 1 or Level 2 “qualifying damage.” Level 1 damage means there is visible evidence of wood rot in the lower portion of a window frame of a MW Vinyl-Clad Window. Level 2 damage means there is visible evidence of staining, warping, or discoloration of a window frame of a MW Vinyl-Clad Window.
For Level 1 damage (in warranty), Class Members will receive between 17.5% and 50% of the window cost depending on the age of the window. If windows are out of the warranty period, meaning they are older than 10 years but still have Level 1 damage, Class Members will receive between 2% and 10% depending on the age of the window.
For Level 2 damage, Class Members will receive between 1% and 7% depending on the age of the window.
Class Members who submit a claim for Level 2 relief may also submit a claim form for Level 1 damage for the same window, provided that the amount of any Level 1 relief received in this situation will be reduced by the value of any compensation previously received under the MW settlement.
Proof of Purchase
In addition to a Claim Form, Class Members must also submit the following photographs and other supporting documentation:
- One or more photographs of each exterior wall of the structure that is the subject of a claim, sufficient to show the total number of windows in the structure
- One or more photographs showing the interior of each window that is the subject of a claim from a distance sufficient to show the location in the structure of the window shown
- A minimum of two photographs of each window that is the subject of a claim showing the condition of the window frame for which you seek a remedy under the settlement
- One or more photographs establishing the structure’s street number or address (i.e. photographs of a mailbox with the structure in the background or street number signage on the structure)
- Verification that each window that is the subject of a claim is, in fact, a MW vinyl-clad window. (i.e. photographs that demonstrate the window is a MW vinyl-clad window or documentary proof of purchase and installation of a MW vinyl-clad window, such as an invoice from a builder and evidence of payment or building inspection documents)
- Verification of the date of manufacture for each window that is the subject of a claim; and verification that you are the owner of the structure at issue in the claim as of the date the claim is submitted, or have retained the right to make a claim through assignment as a prior owner (i.e. a copy of property tax bills; a copy of a declaration page from a policy of title or homeowners insurance; or a copy of a mortgage statement)
Claim Form Deadline
05/28/2016
Case Name
Gulbankian, et al. v. MW Manufacturers Inc., Case No. 1:10-CV-10392-RWZ and Hartshorn, et al. v. MW Manufacturers Inc., Case No. 3:12-CV-30122-RWZ, in the U.S. District Court for the District of Massachusetts.
Final Hearing
10/29/2014
Settlement Website
Claims Administrator
MW Manufacturers Vinyl Clad Window Settlement
PO Box 2995
Portland, OR 97208-2995
866-752-0068
Class Counsel
Charles J. LaDuca
Michael J. Flannery
CUNEO, GILBERT & LADUCA, LLP
Robert K. Shelquist
LOCKRIDGE, GRINDAL, NAUEN, PLLP
Michael McShane
AUDET & PARTNERS LLP
Charles E. Schaffer
LEVIN, FISHBEIN, SEDRAN & BERMAN
Shawn J. Wanta
BAILLON THOME JOZWIAK & WANTA, LLP
Defense Counsel
Donald R. Frederico
PIERCE ATWOOD LLP
Steve Pharr
PHARR LAW, PLLC
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33 thoughts onMW Windows Class Action Settlement
all my windows and doors have rot letting water collect and termites invade house. guy c lee sold them to me then told me i could not come in store because i complained. was notified of suit and that was end. whe are talking 40000 gr to remove and instal I want justus not don’t come back in our store.
Same problem. Was hospitalized out of town at the time.
Ironically, I was a custom home builder in the 80’s&90’s, we used M&W exclusively.
Now I can’t find sashes to replace the windows in my personal home.
Any information would be appreciated.
We have peachtree windows that have fogged up. I have googled this and see there are many other compliants about the same thing. The seal has broken and the gas has leaked causing the fog. Is there a class action law suit for this.?
Same problem. Was hospitalized out of town at the time.
Ironically, I was a custom home builder in the 80’s&90’s, we used M&W exclusively.
Now I can’t find sashes to replace the windows in my personal home.
Any information would be appreciated.
we were not made aware of the lawsuit and our windows are falling apart holes in wood
Same problem. Was hospitalized out of town at the time.
Ironically, I was a custom home builder in the 80’s&90’s, we used M&W exclusively.
Now I can’t find sashes to replace the windows in my personal home.
Any information would be appreciated.
I built my house 1995 the builder used m& w windows . 1 was replaced under warranty about 5or 6 years later. Now 2 are in bad shape Who in world can I get a hold of to replace ?
I had M/W Windows installed when I was in charge of building the house.One by one windows were rotting and I saved all the shipping manifests from the supply company for proof of costs. I have sent copies to our State Attorney General for her review.It was over 20 windows that was installed and the cost of the replacement windows was over $10,000.00 The M/W windows were installed in
1992.I submitted the proof and I am waiting for a response from the A/G’s office.
I have these windows and they are a mess. I have slowly been replacing them over the years. I do have my receipt but they have asked for way to many pictures of proof for each window for the little bit of money that you will get. It’s not worth the frustration to me. Their answer to this problem is a joke when you consider what you paid to replace all the windows in a house with their brand.
I have taken the time to fill out these forms, sent them back and received another letter stating I didn’t provide about 5 items. Comments state they can’t determine the two office windows. There is a photo of my office windows stating #6 and #7. Photos taken both outside and inside. Then they want sizes, I provided all the labels on the tops of the windows which states the type and size of each window. Finally they want me to take apart each window to determine if the wood is rotted? Gave them photos of each window from the outside showing buckled vinyl, sandstone color is now yellow and sections of windows where the rotted wood is showing outside. But still they want more information. I feel sorry for those people who replaced their windows and have none of this information available. We are in the process of replacing our window this month so I plan to take all kinds of photos of this rotted wood. Maybe I should also send some of this wood along with my additional 4 page letter?
MW windows are now Ply-Gem!
They need to send someone out to take pictures for themselves if they are going to request this many different pictures to be sent in. I have lots of rotting and plan on replacing these windows soon but some of this info I dont know if I could provide. It seems like they make it hard to file a claim.
I was told that my windows are mw and how in the world do I know the dam year, these windows suck, I have leaking, dry rot etc. The claim form is a hot mess, they still make ut hard for consumers to get their money. Will keep forum informed on what happens.
This claim form is a real joke. How do they expect people to have purchase documentation for windows purchased 20+ years ago? Plus, even though I do have documentation, I had these horrendous windows replaced and disposed of so there is no way I could produce current photos of them. I purchased these windows for my entire two story home and had problem after problem with them. At much expense I had them replaced and would love to be reimbursed some of the money I spent on the disgusting original MW windows. Do they really expect people to have continued to put up with their rotting windows, or do they hope very few people still have them so they wont have to pay out a lot of money. Most likely the latter is true. SMH Oh well, at least I got some comfort by causing much damage to the company by spreading my experience with them far and wide via the internet and Facebook. It would have still been nice to receive some monetary reimbursement.