A homeowner built a new home and paid a specialist contractor to supply and install every window and door in it.
Before long, the weather was getting in.
ezylegal’s network firm filed court proceedings on their behalf. Before the matter reached trial, the other side agreed to pay $300,000 to settle.
At a glance
- Problem: New windows and doors in a newly built home let in wind and water, and a storm damaged the floors.
- Claim against: The contractor that supplied and installed the windows and doors.
- Legal basis: Breach of contract, the Australian Consumer Law consumer guarantees, and negligence.
- Result: $300,000 settlement, agreed before trial.
A new home that let the weather in
The windows and doors were a premium system, chosen to suit the home.
Not long after the build was finished, problems started to appear. Locks and hardware were deteriorating, sliders weren’t running properly, seals were out of place, and gaps were letting wind and water in.
Then a severe storm came through, and water got inside the home and damaged the floors.
Can you claim against an installer when new windows leak?
Often, yes. If windows or doors aren’t fit for purpose or weren’t installed properly, you usually have more than one way to claim:
- the contract, including any warranty on materials and workmanship
- the consumer guarantees under the Australian Consumer Law, which say goods must be of acceptable quality and fit for purpose, and services must be done with due care and skill
- negligence, where a business doesn’t take reasonable care in recommending or installing a product
Building the case
Independent building consultants inspected the home and documented the problems against the relevant Australian Standards.
When the other side’s insurer sent its own assessor, our lawyers went through that report line by line and tested it against the contract, the specifications and the independent evidence.
The outcome
With court proceedings under way, the other side made an offer before the matter went to trial. Our client accepted a $300,000 settlement.
If you’re facing something similar
If your new windows or doors are leaking or failing, keep:
- your contract, quote, specifications and any product brochures, which show what you were promised
- dated photos and videos of every leak and fault
- every email and message where you reported a problem
- any independent inspection reports
Don’t treat the installer’s insurer’s report as the final word. A property lawyer can test it against your own evidence. And time limits apply, so get advice early.