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A New Hampshire homeowner has filed a class action lawsuit in his home state, claiming that the WindsorONE trim installed on his house is poorly made and prone to rotting.
Lead plaintiff Brian Begley says that the siding manufactured by the defendant knowingly used unsuitable, untreated wood for the product, while misrepresenting their siding in marketing and advertising materials.
Case Background
Similar to other claims about windows made by Pella and Lincoln Wood, the complaint states that WindsorONE trim was made from inferior materials and rots out within a very short time – in some cases, within as little as two years.
Furthermore, years’ worth of Internet postings by contractors are quoted as saying that the manufacturer has refused to take any responsibility for the defects, blaming the problem on faulty installation. They say that, despite being aware of the problems, Windsor One has refused to honor the terms of their warranty and has made no attempt to rectify the problem.
Did WindsorONE Trim Use the Wrong Type of Wood?
One of the primary issues in this class action lawsuit is the material for WindsorONE trim, which Begley argues was a poor choice.
The defendant reportedly uses wood harvested from the radiata, or Monterey pine, a species native to the Central California Coast. According to the complaint, the defendant has planted this species on company-owned plantations in many parts of the world,including South America, Australia and New Zealand, where arguably, there are climate zones similar to the trees’ native habitat.
This pine is not a good choice for exterior siding, according to Begley and the contractors he cites. One contractor pointed out that the wood used was “engineered pine,” which contains large amounts of “softer summer growth.” It was also pointed out that radiata pine lacks the natural resistance to rot that is characteristic of other types of wood such as cedar and redwood.
Some have pointed out that if it is properly treated, radiata pine can serve adequately as exterior siding. However, the complaint alleges that WindsorONE did not take any steps in that regard, failing to treat the wood with suitable preservatives.
The Defendant Responds
In response to contractor allegations, WindsorONE CEO Craig Flynn noted that the company had included an advisory to users to apply paint to the product as one would any type of wood siding. He also wrote, “There are no organics in our glues that would contribute to or cause decay.”
In response to complaints from lumber and building material retailers, the complaint says that the company “set up a claims protocol” for dealing with warranty claims and agreed to replace any products that had rotted out, regardless of how it may have been installed.
Seeking Restitution
The plaintiff is seeking statutory and punitive damages in addition to injunctive relief (a court order requiring the defendant to change its behavior) in addition to attorneys’ fees and court costs.
The WindsorONE Class Action Lawsuit is Begley v. Windsor Surrey Co. and Windsor Willits Co., Case 1:17-cv-00317-LM, U.S. District Court, District of New Hampshire.
Join a Free WindsorONE Trim Class Action Lawsuit Investigation
If your home had WindsorONE exterior trim installed and it began to rot, crack or otherwise deteriorate within 2 to 6 years of installation, you may qualify to join this class action lawsuit investigation.
This article is not legal advice. It is presented
for informational purposes only.
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