Request Facts regarding Replacement Windows

[dallastxgal]

We just had a bay windows (3 parts) taken out and a 6 foot slider put in place of the bay window along with 2 replacement windows where the two smaller windows of the bay window formerly were.

My question is this:
Is it ever necessary for a contractor to drill screws through the vinyl part of the new windows to attach?
On replacement windows are there no flaps or other ways to attach?
Should it be necessary to bust out bricks to replace a window if the windows were ordered to size?
If bricks need to be busted out, isn't there a saw that can be used to do this instead of busting them out with a hammer and chisel (so that the line is straight?)
Is Yellow Pine an acceptable wood to use for trim on the exterior of a home that is all brick and has no wood trim? Note: we are in TX. The wood is being used to hide the bashed up bricks I am sure.
Is it ever necessary to install a window so that it isn't level from bottom to top (where the top is about 1/2" further inside the house than the bottom so that the window is tipping?). Our old windows didn't do that, and we are being told our house is not level and that this is the best that can be done.
If the window doesn't fit correctly (the weather stripping is exposed on one side and you can slide a paper to the outside of the house through the opening. Is a good solution to use lots of tape and bed to build up the surface of the windowsill to hide the weatherstipping? It would seem the weatherstipping should be pressing against something. And if windows are the energy efficient ones, the only thing between you and the outisde shouldn't be tape and bed mud, right?

I really don't think I am over-reacting.

If we don't pay this guy he is threatening to put a lein on our home. It is only $4000, so we really can't justify a lawsuit. What are my options. We have already tried to involve our lawyer and his lawyer to get the guy to fix it. Now he says he is not going to fix it because we will NEVER be happy no matter what he does and he is going to file a lein. What should we do? Do we have to pay him just to protect our credit? Is the stuff above actually OK and I have unrealistic expectations for a remodel like he says? I just don't buy it.

DallasTXGal

[Rich]

Yes - typically you will drill screws through the vinyl window jambs on replacement windows... there are no installation flanges typically.
If they used replacement windows then no brick should've had to be removed. And yes if they did have to remove some for going from bay to straight then it should've been cut with a saw.
If Yellow Pine was agreed on up front then I guess it would be ok. As a material it's decent if primed, painted, etc correctly.
In remodels - even if the wall is out of plumb by a bit it makes more sense to match existing conditions unless it voids a warranty or something.

One of the biggest issues that arise when performing remodel work is incorrect expectations. The builder may have expected all of the stuff that is happening - but may not have conveyed that to you. If the builder would have conveyed it to you - that particular builder probably wouldn't have been hired if the expectations were far different than yours.

As much as I hate to say it - you'll probably need to end up paying it if you ever want to sell your home.

[Tom R]

This is a perfect example of why you don't just go with the 'cheapest' price, - - any contractor you would have work on your home should come 'recommended' by someone you know and trust, - - or you should at least go and see some of their previous work.

That being said, - - no, - - you are not 'over-reacting', - - sounds like 'Butchy Hackitt Construction' did the job.

Replacement windows need to be ordered specifically as either 'opening size', - - or 'make size', - - (if the 'opening size' is given, - - 'deductions' would then be made to allow it to fit in), - - I would venture to say he gave them the 'opening size', - - and ended up receiving the windows without the proper deductions (usually about 1/2" in each direction), - - by the sounds of the rest of his work, - - it was probably his mistake, - - not the window distributor's.

'Chipping' brick to install a replacement window is below even 'caveman' capabilities. Yes, - - he could have/should have used a 'cut-off saw, - - but what might have/would have worked even better would have been some more forethought, - - maybe even a 'plan' (for God-Sakes).

This guy isn't a carpenter, - - he's a criminal!

I would at most, - - give him $2000 'sympathy-money', - - (covering the cost of the windows), - - and tell him if he puts a lien on your house, - - you will spend the other $2000 on the 'advertisement' he so justly deserves. You may also want to notify him you just may have to file 'civil suit' for the damages to your home.

Drop the 'defense', - - and go on 'offense', - - only give him the $2000 upon reciept of his signature on a 'lien-waiver', - - or you tell him he'll be in civil court and on the front page news, - - Sheesh!!

[dallastxgal]

I think we are going to just have to pay him something to make him go away and not file a lein on our house. I guess you never get to old to learn things the hard way.

One bit of info - the screws through the Vinyl Windows - they are through the vinyl casing so that you SEE the screws, and they stick up out of the casing about 1/8". The screws are sheetrock screws and they aren't even in there straight. I have talked to many people regarding this and everyone who sees it just laughs. Of course, the guy who did it will defend it as proper all day long. I just cannot see how this is acceptable to anyone. It's not like he took the casing off and put screws through the inside and then put the casing back on, the side of the vinyl window is simpled inward from the torque of the screws. If he tried to sink them any further I'm sure the vinyl would pop or the window would crack or something bad.

Anyhow, we have a couple of new people bidding on repairing all this damage (replacing the brick - thank goodness we have original brick from when the house was built, although I don't think the new Mortar will ever match), taking all the wood siding off and making the windows look like how the rest of the house does, and getting some smaller windows so that someone can install the windows without having to do something desperate like put screws through the vinyl casing.

Thanks for your responses.

[dallastxgal]

I have to get a lot more pics. This just shows some of the stuff. After looking at our pics I realized I need to take a whole lot more of them as I don't have ones that really show what I am so upset about.

http://share.shutterfly.com/osi.jsp?i=EeBNmbhq1cs2cR

[Tom R]

Pay him only what's leftover after the repairs, - - why should you eat it? Unless you're selling your house tomorrow you can 'wait out' a lien a lot longer than he can, - - don't run scared, - - stand your ground.

We had a similar situation around here recently, - - contractor did shoddy work, - - then threatened lien if he didn't get paid anyway, - - homeowner told him do what you feel you gotta do, - - instead contractor tells his workers to start 'removing' materials, - - homeowner calls cops, - - contractor sat the night in jail, - - still hasn't gotten paid, - - court case coming up, - - judge told him in the meantime he's not allowed to go within 1000 feet of customer's house.

[GiantScale]

Take pictures and document everything to a T. Tell him you will pay only after you have repaired his mess. If there is anything left over. If not.. He owes you. When he sees you mean business, like if your lawyer gives him the message, he will leave you alone.

[Tom R]

Well put, GiantScale!

[Animal AKA Will]

I'm interested to know how this has turned out.

[montytx]

Ouch slop job. Looks really heavy trim wise. Why did he not use brick trim at the base of the windows.

[montytx]

FYI, In Texas he can only file a lien for 90 days after the last invoice.

[Cole]

Ouch slop job.
You got that right.