Pella Windows Class Action
FW is currently prosecuting a class action lawsuit against Pella Corporation and Pella Windows and Doors, Inc. involving ProLine aluminum clad windows. Pella's ProLine windows contain an alleged design defect that allows water to enter the window sash, causing wood rot and necessitating costly window replacement. Because of the ProLine window's design, any wood rot is usually concealed by the aluminum cladding. As a result, homeowners may not discover the problems with Pella ProLine windows until it has reached an advanced stage, requiring replacement of the entire window and frame.
On May 20, 2010, the federal appellate court based in Chicago affirmed the class certification granted by a Chicago federal district court in a class action lawsuit against Pella Corporation. The court's order covers Pella's ProLine series of windows, which suffer from a design flaw that has resulted in widespread failures. The class action also covers the "250 Series" and "450 Series" windows sold through major retailers such as Lowe's.
Specifically, two classes were certified. One national declaratory judgment class which includes those whose windows have not manifested the alleged defect, rot, and those whose windows have some wood rot but have not yet been replaced. The second consumer fraud class consists of those who have replaced their rotted windows in California, Florida, Illinois, Michigan, New Jersey and New York.
The suit alleges that Pella ProLine aluminum-clad, Architect and Designer Series windows and doors are prone to water penetration resulting in rotting of the internal wood frame beneath the aluminum cladding. Wood rot requires replacement of the window sash and/or frame. Because of the aluminum cladding, such damage is not always visible to the homeowner.
A copy of the order affirming class certification can be found through the following link: 7th Circuit Opinion Affirming Class Certification.
Freed & Weiss is continuing its investigation of Pella's Architect and Designer Series windows, which are part of the original lawsuit. If you own Architect or Designer Series windows and have wood rot problems with them, please contact us to update your information. If you have Pella ProLine windows or information about this problem, please contact us.
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