Civil Suit Accuses Jeld-Wen of Selling ‘Defective’ Windows

September 6th, 2022 by Travis Rains

A class action claim has been brought in Alaska against Jeld-Wen Inc. and two additional parties alleging that the company designed, manufactured, marketed and sold “defective windows” under the Pozzi window line approximately 20 years ago.

According to claims in court documents filed by plaintiffs David and Bonnie Faulk in July 2022, the Pozzi windows included manufacturing defects from 1999 through 2004. Named as defendants in the complaint are Jeld-Wen, Spenard Builders Supply and Roderick Wendt, director of Pozzi. Jeld-Wen purchased Pozzi Windows in 1992.

It’s alleged that a particular “defect” required the replacement of the glass and windows, as the resins used did not contain enough UV absorber, according to court documents filed by the plaintiffs. Plaintiffs argue that the window manufacturer “knew or should have known” of the nature of the windows and removed them from the market.

“Rather, Jeld-Wen continued to sell the windows and failed to replace them without charge while knowing, or recklessly not knowing, that the windows would fail due to admitted manufacturing defects by Pozzi Window Company,” plaintiffs write in the complaint.

Allegations include breach of contract and express warranty, breach of implied warranties, unjust enrichment, fraud and more. Actual damages of slightly more than $800,000 are alleged, according to court documents filed by the plaintiff. In a motion to dismiss the claim, defendants point to Jeld-Wen’s express warranty and the statute of limitations.

However, plaintiffs argue that any defense using the statute of limitations has been tolled by Jeld-Wen’s “knowing and active concealment and denial of the facts …”

The court is currently considering a motion from the plaintiffs to remand the case, currently in the U.S. District Court for the District of Alaska, back to state court.

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5 comments
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  1. I have a house full of Pozzi windows, probably 20+ in total. Windows purchased (by me) in SF Bay area in 1999. At least a dozen windows have failed, only replaced one due to extravagant cost of replacement.
    I’ve been waiting/hoping someone would hold Pozzi accountable!

  2. We built our house in 2001. The windows and patio doors are all Pozzi. Almost 1/2 of them have failed. Now we are weighing the cost of replacement.

  3. Jeld-Wen purchased Pozzi and is doing their warrantee work. I received one from them years ago when I had a broken window replaced. I just spoke with them regarding blown seals and they are very helpful. Probably 40% are blown, mine were 2008, they have some notoriously bad years prior to that also.

    I spoke with Tammey Spacek 888-594-3578

    They only do the glass – no labor so depending on the window type it could still get expensive. They do have a provider list and a tech support (walk you through the first one if needed)
    Hope this helps.

  4. I contacted Jeld-Wen at the 888 number given above but they were unable to do anything for me since my windows are more than 20 years old.

  5. My son shared this with article with me, or I would probably have missed it.

    My case – New custom construction, 2001: 35 Windows, 7 doors/door-systems. Over the next 12-13 years, every door and window that gets direct sunlight failed its seal within.

    Some time around 2010, I replaced all the failures that had occurred up to that point (all windows), and then, within the next 2-3 years, the rest of the failures occurred (mostly doors). By this time I was too tired of the issue (and consumed with other stuff in my life) to do any more replacements (in my case, replacement required staining and finishing the replacement sashes), so I have been stuck with them.

    I have recently been toying with the idea of Renewal by Andersen, in order to put the Pozzi nightmare in my rearview-mirror for what remains of my life, but just today I got their estimate for that replacement: $218,000 (!!!)

    Needless to say, I won’t be pursuing that option.

    I guess we’ll have to keep an eye out for any progress on this case.

    Cheers!

    – s.west

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