Lowe's sold La Marque woman defective windows, lawsuit alleges

John Suayan, Galveston Bureau Jul. 29, 2013, 8:42pm

GALVESTON - A La Marque woman claims she purchased defective windows from Lowe's Companies Inc. and is demanding compensation, recent court documents say.

Darlene Gilmore says spent nearly $10,000 on 18 Pella Double Hung Slash windows from the defendant, but the installation procedures "were deficient and defective and not in compliance with Pella Window installation guidelines."

She filed a lawsuit on July 26 in Galveston County District Court.

The suit asserts that Gilmore wrote Lowe's about the problems in question to which the company "represented to her that such would be repaired and corrected," stating "these representations were false and no repair or correction has occurred."

An inspection revealed that "all overall window frame installation openings were not properly measured, unapproved sealant was used, no required still flash taping was used, the 1/4-inch warranty depth required for expansion and proper water drainage was covered, the custom installed interior woodwork was removed to accommodate the improperly sized windows and unapproved attachment of sealant to the existing Hardie board trim and Pella frames is damaged."

"As a result of such improper installation, the windows have been damaged and are subject to water infiltration," the suit says.

Gilmore adds it will cost approximately $14,000 for Pella to do a replacement.

A jury trial is requested.

Attorney J. Steven Stewart of Houston is representing the complainant, and Galveston County 212th District Court Judge Susan Criss is presiding over the case.

Case No. 13-CV-962

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