Pella Class Action Lawsuit Claims Window Defect Leads to Wood Rot

A class action lawsuit filed by an Alabama couple claims that Pella windows are built defectively in a way that results in wood rot.

Plaintiffs Belinda and Tony Gowins allege Pella Architect Series windows contain a latent defect that causes wood rot, damaging the windows themselves and the surrounding structures.

According to their Pella windows class action lawsuit, the defect allows water to seep behind the windows’ aluminum cladding. This leakage leads to wood rot in the windows’ sashes, the plaintiffs claim.

They say this wood rot can spread throughout the windows’ frames and adjoining structures.

The resulting wood rot is not immediately detectable, the plaintiffs say. They claim it does not become visible upon ordinary inspection until years after the Pella windows are installed.

The plaintiffs allege the defect threatens not just the Pella windows themselves but the integrity of the surrounding structures. Water that gets through the windows can damage the surrounding drywall, sheathing and framing materials, they claim.

Because of this alleged defect, the Pella windows fail to meet consumers’ reasonable expectations. The class action asserts that a window should last as long as the exterior wall in which it’s installed – 20 to 25 years, per industry standards.

The plaintiffs claim Pella knew about the defects, yet the company never informed purchasers, never recalled the affected windows, never offered repairs for windows that had already been purchased, and never offered to replace the windows with a better product.

Plaintiffs further allege the warranty for Pella windows is purposely written in a way that avoids any obligation to cover the defect at issue. They say Pella uses this limited warranty to secure its profits from the premium it charges for these allegedly defective windows.

The couple says they purchased and installed over 70 windows from the Pella Architect Series when constructing their lake home in Talladega, Ala., completed in 2009.

They say they chose those Pella windows based on a sales representative’s assurance that they were suitable to withstand the high winds and wind-driven rain they expected at the home’s location.

In April 2016, Belinda says she noticed one of the Pella windows had rot so severe that its hinge fell off. Further inspection revealed more rot in other windows.

When the plaintiffs brought the problem to Pella’s attention, they say the company refused to replace the windows. Instead, the plaintiffs claim they were offered a quote on a purchase price for new Pella windows, with the delivery fee waived.

The plaintiffs are proposing to represent separate Classes for damages and injunctive relief. The proposed injunctive relief Class would include all “current or former owners of a structure on which Pella Designer or Architect Windows are installed.”

The damages Class would include all current or former owners of a structure within Alabama in which the Pella windows at issue have been installed, whose windows have exhibited wood rot, and who have paid to fix the windows and other property damaged by the alleged defect.

The couple is seeking an award of damages, court costs and attorneys’ fees, with pre- and post-judgment interest.

The plaintiffs are represented by attorneys Eric D. Hoaglund of McCallum Hoaglund Cook & Irby LLP and K. Edward Sexton II of Gentle Turner Sexton & Harbison LLC.

The Pella Windows Class Action Lawsuit is Gowins v. Pella Corp., Case No. 1:16-cv-01640, in the U.S. District Court for the Northern District of Alabama.