Who is Liable for Scratched Glass Repair Costs when the glass contains fabricating debris?
Although we are not aware of any class action lawsuits that have set the legal precedent for who owns the liability for fabricating debris scratches, there is a history of settlements. We are aware that glass companies have worked with builders and window suppliers to settle the issue when confronted with the problem.
warranty VS industry standard tools of the trade
As the issue of fabricating debris (glass fines) scratches has become more and more of a problem in recent years, glass companies have begun to adapt policies and cleaning recommendations toward consumers and contractors in order to avoid liability for scratches themselves. Although, many glass manufacturers are able to produce good quality heat treated glass, some struggle. In a perfect world, glass manufacturers would properly maintain their glass washers, rollers, and cavities in order to avoid producing glass with blemished surfaces.
Some glass companies have gone as far as to change their cleaning recommendations and construction protection requirements in an attempt to transfer liability onto builders, window sellers, and window cleaners when scratches occur. Many window companies have also modified their warranties to say that the use of metal razor blades will void the warranty of the window. The problem with that, is that they have now produced a window that can not be cleaned with industry standard cleaning methods.
To ask window cleaners or other tradesmen to stop using razor blades is analogous to asking a janitor to stop using a vacuum. If the carpet can become damaged and for example, the carpet fibers could loosen and fray, directly by the use of a vacuum, then is it reasonable for the carpet manufacturer to expect that the janitor not use a vacuum? Should the janitor who used the vacuum be held liable for the damaged carpet? Is it reasonable for the carpet manufacturer to insert a warranty disclaimer that you can not use vacuums on the carpet? If so, the carpet cleaner would be forced to broom & sweep the carpet and/or hand pick each and every bit of dust out of the carpet. A simple 10 minute task would now take 10 days to complete and would no longer be efficient or feasible for the customer to pay 100 times the price to have their carpet cleaned. The end quality would also be inferior as fine dirt that can only be removed with a vacuum would still be present in the carpet. There is a strong argument that the carpet should be made to withstand industry standard cleaning methods including a vacuum. There is also a strong argument that window glass should be made to withstand industry standard cleaning methods including a razor blade. More recently, some window manufacturers have asserted that typical soiling that occurs during the construction process like paint, stain, plaster, etc, is classified as “damage”. This is an attempt to transfer liability to home builders and commercial contractors simply for allowing the windows to get dirty.
So the question remains… Who is liable for the scratched glass repair or replacement?
GANA (the Glass Association of North America) has taken a stance on the issue as well as the IWCA (International Window Cleaning Association). Here is a recent open letter from the IWCA to GANA. IWCA-Open-Letter-to-GANA
Scratched Glass Repair Liability?
Although, there is not a clear culprit defined by law, there is a strong argument that builders, contractors, cleaning companies, window film installers, etc. are not responsible for scratched glass that is due to defective heat treated glass surfaces. Should the world accept windows that can not be cleaned and that can not become dirty?
If you are facing this issue and are sweating bullets, then you need to contact us.