Wonderful Windows sued for not-so-wonderful window installation

David Yates Dec. 17, 2007, 2:22pm

Beaumont residents Gerald and Linda Ellis are suing Wonderful Windows & Siding for performing an allegedly poor installation job, which has caused water damage to their home.

The deceptive trade practices suit was filed with the Jefferson County District Court on Dec. 13.

According to the plaintiffs' petition, the couple owns a house on 20th Street in Beaumont. On Sept. 11, 2006, they hired Wonderful Windows to install new windows and siding.

"Plaintiffs purchased defendant's window installation, painting, siding installation and remodeling based upon various representations made by authorized agents of defendant regarding the high quality of workmanship and services," the suit said.

"Defendant unreasonably delayed the initial installation of several large windows and siding. The installation of the windows and siding was performed incorrectly leading to significant damages to drywall and flooring from leaking windows as well as incorrect siding installation."

The couple then entered into a second contract with Wonderful Windows for the purposes of painting and finishing of a large area of the outside of the house, the suit said. "The painting was either not performed or performed in an unacceptable manner.

"As a result of the incorrect installation and painting, plaintiffs were required to hire new companies and incurred substantial and avoidable costs repairing or completing work to the flooring, windows, siding and painting."

The Ellises are suing Wonderful Windows under the Deceptive Trade Practices--Consumer Protection Act, alleging that the company has engaged in false, misleading and deceptive acts or practices, as well as unconscionable actions and courses of actions and breaches of warranty.

"Additionally, the conduct of defendant… was committed knowingly, in that defendant was actually aware of the falsity, deception, and unfairness of the conduct…," the suit said.

The suit continued by alleging Wonderful Windows was also negligent for failing to properly prevent water intrusion, warn about water damage potential, failing to notify plaintiffs of the likelihood of water damage and improperly installing the siding.

The couple is suing for actual damages and all court costs.

They are represented by attorney Dru Montgomery of The Heartfield Law Firm.

Judge Bob Wortham, 58th Judicial District, has been assigned to the case.

Case No. A180-898

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