Window Construction Defect Lawyer
Window defects often start small, a draft that never goes away, condensation between panes, or minor water staining near a sill. Over time, those symptoms can turn into significant water intrusion, damaged drywall and flooring, mold conditions, and wood rot inside wall cavities. Because windows tie directly into the building envelope, a problem with installation, flashing, or sealing can affect far more than the window itself.
If you are seeing leaks, drafts, or fogging between panes, the next step is finding out whether the issue is a window product problem, an installation defect, or a broader building envelope failure.
Common signs of window defects include
- Water stains or bubbling paint at the sill or below the window
- Drafts, cold spots, or noticeable air leakage
- Condensation between panes or persistent interior condensation
- Difficulty opening, closing, or locking windows
- Cracked frames, warped sashes, or deteriorating caulk
- Discoloration or soft, swollen drywall around window openings
How Window Defects Happens
Window failures usually trace back to design and specification issues, product problems, workmanship, or poor coordination between trades.
Workmanship and installation issues
- Missing or incorrectly installed flashing, including head flashing and pan flashing
- Poor integration with the water resistive barrier, housewrap, or building paper
- Inadequate shimming or fastening that causes frame distortion and operational failures
- Improper foam or sealant use that blocks drainage paths or fails prematurely
- Overdriven fasteners, damaged fins, or punctured membranes during install
Design and detailing problems
- Window selection that does not match exposure conditions, wind driven rain, elevation, or orientation
- Details that do not account for drainage, weep paths, or proper sill pan design
- Inadequate allowance for building movement, thermal expansion, or differential settlement
- Improper interface details at transitions, balconies, decks, or stucco and siding systems
Material defects and product failures
- Failed insulated glass seals causing fogging or moisture between panes
- Frame degradation, cracking, warping, or premature finish failure
- Hardware failures affecting operation and security
- Manufacturing defects that prevent proper sealing or drainage
Coordination failures between trades
- Stucco, siding, masonry, or trim installed in ways that trap water against the frame
- Poor sequencing that leaves the rough opening exposed or damages flashing
- Penetrations or attachments near windows that compromise waterproofing
Who is Affected by Window Defects
Homeowners
Window defects can raise utility costs, create comfort problems, and trigger hidden moisture damage. When water gets into the wall cavity, homeowners may see recurring stains, musty odors, or interior finish damage that keeps returning after cosmetic repairs.
HOAs and condo boards
For condos and townhomes, window issues can involve common elements, limited common elements, or unit components depending on governing documents. Multiple buildings with similar symptoms can signal a systemic installation or envelope problem, and boards often need coordinated inspections, owner communications, and a plan that preserves evidence.
Developers and builders
Window claims often involve multi trade responsibility, window suppliers, installers, framing crews, and exterior cladding contractors. Early evaluation helps determine whether the issue is isolated product failure, widespread installation defects, or building envelope integration problems.
Contractors and subcontractors
Window installers and adjacent trades may be pulled into disputes when leaks show up near openings. Clear documentation, scope records, and inspection planning matter when determining how water traveled and which interface failed.
Legal Claims Related to Window Defects
Window defects can support a range of construction defect claims depending on the project documents, warranties, and the cause of the failure. Common legal theories include:
- Breach of contract when window installation or performance does not match plans, specs, or agreed scope
- Breach of express warranty based on builder warranties, installation warranties, and manufacturer product warranties
- Breach of implied warranties where applicable, including workmanship and habitability concepts
- Negligence tied to improper installation, flashing errors, or failure to follow standard practices
- Building code violations involving egress requirements, safety glazing, installation standards, energy performance, and water management
- Misrepresentation or nondisclosure in situations involving sale or turnover where known issues were not disclosed
- Insurance coverage disputes where resulting water damage claims are denied or limited
Colorado construction defect matters can involve specific notice and process requirements. Early legal guidance can help you document the right conditions, protect your options, and avoid steps that make the defect harder to prove.
Why Choose Us for Window Defects
Window defect cases are rarely only about a window. They often involve envelope integration, sequencing, and trade coordination, and they can expand quickly when moisture spreads behind finished surfaces.
Elkus & Sisson, P.C. handles construction litigation with a focused approach built around evidence, documentation, and practical case planning. Clients value:
- Early investigation strategy that fits the building type and suspected failure points
- Guidance on documentation and notice steps for homeowners and HOAs
- Experience managing multi party disputes involving builders, subs, suppliers, and insurers
- Coordination with qualified consultants to evaluate installation, flashing, and envelope interfaces
- Trial ready preparation paired with disciplined negotiation, based on the facts and the documents
Steps to Take If You Notice Window Defects
- Document symptoms and patterns
Take dated photos and video of staining, fogging, condensation, drafts, or operational problems. Note which elevations and which units are affected. - Track moisture and weather events
Write down when issues appear, after rain, wind, snow melt, or temperature swings. These patterns can be important during an inspection. - Preserve key documents
Gather warranties, purchase documents, inspection reports, repair invoices, and any builder or contractor communications. For HOAs, include governing documents, turnover materials, maintenance logs, and reserve studies. - Avoid opening walls without a plan
Limited exploratory openings may be appropriate, but uncontrolled repairs can destroy evidence. If safety requires immediate action, document thoroughly before and during work. - Be careful with vendor statements
Avoid accepting quick explanations like, it is just caulk, or, it is normal settling, without documentation and inspection. Many window issues involve concealed flashing failures. - Coordinate a proper inspection
A structured inspection plan helps identify the failure mechanism, product issues, and the window to envelope interface.
Talk with a construction defect attorney early
Early guidance helps you align documentation, notice steps, and repair decisions with your goals and the timelines that may apply.
Our Window Defect Attorneys
At Elkus & Sisson, P.C., our team of experienced attorneys is dedicated to helping property owners across Denver, Aurora, Boulder, and beyond navigate construction defect claims. We have a proven track record of success in holding contractors, developers, and builders accountable for defective work and ensuring our clients receive the compensation they deserve.
Donald Sisson
Donald Sisson is an accomplished lead counsel in Denver, CO with many successful outcomes in various areas of practice including complex civil litigation, construction law, real estate litigation, corporate disputes, personal injury, and police defense…
Reid Elkus
Reid Elkus’ representation of his clients ranges from individual and small businesses to very large corporations in several areas of the law. Having litigated a vast array of cases in matters including complex security cases, breach of contract, breach of partnership matters…
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Frequently Asked Questions
What causes water leaks around windows?
Common causes include missing or incorrect flashing, poor integration with the water-resistive barrier, blocked drainage paths, failed sealant, and exterior cladding that traps water against the frame. Leaks can also occur when nearby components, like stucco or decks, direct water toward the opening.
Is condensation between window panes a defect?
Condensation or fogging between panes often indicates a failed insulated glass seal. This can involve a product issue, an installation issue, or both. Warranty terms and the age of the windows typically matter when determining options.
Should we just recaulk the windows?
Caulk may help temporarily, but it does not address missing flashing, poor drainage, or building-envelope integration problems. Repeated recaulk cycles can delay proper diagnosis while moisture damage continues behind finished surfaces.
Can an HOA bring a window defect claim?
Often, yes—depending on whether windows are treated as common elements, limited common elements, or unit components under the governing documents, and whether the issue is systemic across the community. A coordinated approach is especially important when multiple buildings show similar symptoms.
How long do window defect cases take in Colorado?
Timeframes vary based on the scope of buildings affected, the extent of concealed damage, the number of parties involved, and whether the matter resolves through negotiation, alternative dispute resolution, or litigation. Solid documentation and a focused investigation plan can help the process move more efficiently.
Schedule Your Free Case Evaluation
If you are seeing leaks, drafts, fogged glass, or recurring water damage around windows, it may point to a window or building envelope defect. Elkus & Sisson, P.C. can help you evaluate documentation, understand notice steps, and assess claim options with a construction defect lawyer. Contact Elkus & Sisson, P.C. to schedule a consultation and discuss practical next steps for your home, HOA, or project.
