MW Windows Class Action Settlement

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

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

www.MWManufacturersVinylCladWindowSettlement.com/

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