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A class action lawsuit filed last week alleges that Pella windows are defective, and Pella Corporation knowingly sells defective windows to consumers in violation of Florida consumer protection laws.
Specifically, the complaint asserts that “the Windows contain a latent defect that allows water to penetrate and leak behind the aluminum cladding, resulting in premature wood rot and other physical damage to both the Windows and main structure.”
According to the Pella class action, “As a result of the defect, there is a high probability those Windows will fail, and likely already have developed wood rot in the Window sashes.”
The window defect class action lawsuit contends that Pella Architect aluminum wood clad, casement windows have been marketed and sold by Pella since 1990, selling tens of thousands of windows across the U.S.
The complaint alleges that these Pella windows are defective in two separate ways. First, the wood is not treated with sufficient preservatives to protect it from moisture. And second, the design of the windows allow water to penetrate the windows.
The class action asserts that Pella knew about the defect, but failed to disclose it to potential purchasers. In addition, the complaint contends that Pella designed its limited warranty to exclude coverage for any of the leaking and rot that the defects would cause.
The lawsuit claims Pella failed to inform existing customers about the defect, refused to recall or replace the windows for those customers, and continues to deceptively market its windows to new potential customers.
Plaintiff Christopher Tracy states that he purchased a home in Florida in 2010. Tracy’s house was renovated in 2005 with Pella windows, which Tracy alleges he did not discover were defective until 2014.
Tracy contacted Pella Corporation about the defective windows in 2016, and a Pella representative came and inspected the damage to Tracy’s house, according to the complaint. But Tracy asserts that Pella refused to cover any of the damage, citing that the 10-year warranty had already expired.
This is not the only class action Pella Corp. faces over its windows. Last month, another class action was filed alleging similar defective product claims against Pella windows.
In that action, a couple from Alabama alleged that their Pella windows rotted, and Pella was unwilling to fix the damage. They proposed a Class for damages for Alabama residents who purchased Pella windows.
In this lawsuit, the complaint requests certification of two Classes, one for damages and the second for injunctive relief. The damages Class Tracy seeks to represent is all persons “who are current or former owners of structures in Florida with Pella Architect Series, aluminum-clad casement windows” manufactured between 1997 and 2007.
The injunctive relief Class includes all persons in the United States who are owners of structures with Pella Architect Windows.
The class action seeks compensatory damages and punitive damages allowed by Florida law, as well as an injunction stopping Pella from its deceptive and illegal conduct.
The plaintiff is represented by Panagiotis “Pete” V. Albanis and Frank M. Petosa of Morgan & Morgan – Complex Litigation Group.
The Pella Window Defect Class Action Lawsuit is Christopher Tracy v. Pella Corporation, Case No. 6:16-cv-1963, in the U.S. District Court for the Middle District of Florida, Orlando Division.
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53 thoughts onPella Class Action Says Windows Prone to Premature Wood Rot
Built my WI house in 2003, had a couple crank out windows replaced from wood rot 7 years ago & at time the rep stated 2 picture windows were showing rot. Held off on replacing at that time and put a claim in 3 years ago with a response that they weren’t covered by warranty & a quote for $12,000, which they state included a 25% discount, to replace 2 picture windows & 4 crank outs, 2 of which were previously replaced due to rot at no cost to me. All my claims have been made prior to the 20 year warranty, as if that should matter selling a defective product. Rep made me aware of other rot beginning when they replaced crank outs 7 years ago. I notified them 3 years ago that rot was worse. After paying them $150 to send a rep they send me the quote which requires me to sign off on any future claims. I passed on their $200 check to settle lawsuit years ago because I have $40,000 of Pella windows in my house. Pella customers beware! Hoping to find representation to call Pella out!
Purchased a home 1 1/2 years ago that was built in 2001 and has Pella designer clad windows. Paid over $400000 for this home only to discover it has cold air coming in from these windows. Had to have blankets stuffed around them and hanging from them all winter it was so cold in my house.
Built our home in 2002 with Pella windows – the wood had rooted and some of the windows if you open them won’t shut. My picture window which does not open is seeing rot on the inside and I worry that it will crumble. We live in Illinois. Because the serial number was a piece of tape in bottom corner, it can no longer be read.
Same problem as others. Pella windows rotting out, black mold from moisture. Already replaced some but every one retains moisture on the inside. Top of line patio door has rotted out on bottom track. Also fogging between windows. Wouldn’t recommend to anyone.
I also have rotting pella proline double hung windows. I am in PA. The told me to replace the top sash only is $511. Air is pouring in and it is freezing. Is there a lawsuit in PA? on the proline?
We purchased the windows described in the Pella Windows Lawsuit,Purchased in 2003,by 2009 we noticed the same issues, window sashes rotting, black mold,seals broke from rotting & decay,leaking cold air & condensation. A health hazard for myself as I have Asthma & allergic to black mold. We began calling Pella Windows in 2009, Pella Windows/McComb Windows Indianapolis,IN. We were informed they could send a rep,but would be responsible for the cost. Year after year we tried to get this resoved, but continued to get the run around,they didn’t care 1 bit what was occurring in the homes with defective Pella windows!! We are disgusted & frustrated with no resolution & not knowing where else to turn. Thankful we saw the Pella Window Lawsuit. We want to be included in this lawsuit. Someone has to stop this company from ripping off & lying to all purchasers of their windows. They are worse than the lowest of thieves!!!
Ron, you can try contacting class counsel to discuss your situation. Counsel is listed at the bottom of the article and can be Googled for contact information.
My Pella sliding glass door from the kitchen to the deck has rotted and the cold air comes in through the bottom. It has been very cold this week and we keep stuffing blankets around the door.
Built my house in 2001. Fully custom. All pella windows. They have wood rotting issues. I want to be represented and compensated.
Are there any current lawsuits against pella in Wisconsin regarding rotted sashes with the pella designer series? I have several rotten sashes and am furious!
I purchased a house a few years back and it has Pella aluminum clad windows in which I have noticed that three of them are rotted but I imagine that all of them are probably rotted I am in Connecticut can you help me