Windows

  • Builder ignored explicit instructions to weather-seal the windows

  • Beau Rutherford testified that the windows passed his inspection

  • Beau Rutherford’s inspection missed window sealed behind drywall

  • Day or night, we manned towels to block water from floor throughout the house

  • Warnings and explicit instructions were ignored by builder

  • Builder did not weather-seal windows, and worse

  • Difference between sealed and unsealed windows is easy to see

  • How could we build water-tight windows when this builder couldn’t?

  • Rather than seal leaking windows, another idea came from Rutherfords’ attorney

 

Builder ignored explicit instructions to weather-seal the windows

Nearly 30 windows in our Rutherford Custom Home leaked. The leaks began with rains during construction, then homebuilding entered the then-historic Texas drought, which lasted until after we moved in.

All this, the builder ignored in installing our windows:

  • building code
  • manufacturer’s instructions pasted on the windows (See photos.)
  • Texas building standards (TRCC)
  • architect’s photos, calls for peel and stick flashing (See photos.)
  • owners’ follow-up to architect report with 8×10 photos

Our first light rain came after 4 1/2 months in the home, on April, 14, 2009. (See photos.) I grew up in a South Florida tract house and went through hurricanes without 1 window leak. But here, our Rutherford Custom Homes’ windows were leaking in light rains.

We called the Rutherfords after the leaks from the first rain. We called again after the leaks from the second rain. The builder twice sent not the windows installer, but a person who didn’t know what had and had not been done behind stone and wood.

In 3 1/2 months, the builder took no action to weather-seal the leaking windows. Nor did Rutherford Custom Homes act after deep water stains twice were pointed out to Beau Rutherford on window sills, coming up through the paint. We later learned the problem was behind stone and wood.

Beau Rutherford testified that the windows passed his inspection

James W. Rutherford, Jr., testimony at deposition Sept. 15, 2011:

Q: Did you inspect the windows after their installation to satisfy yourself that they were – would be weather tight and free of leakage?
A: Yes, I did.
Q: And they passed your inspection?
A: Yes.

* * *

Beau Rutherford’s inspection missed window sealed behind drywall

CLICK PHOTO TO ENLARGE. CLICK ARROW TO ADVANCE. CLICK X TO EXIT PHOTO.
[portfolio_slideshow include=”499,493,442,443,444″]

* * *

Day or night, we manned towels to block water from floor throughout the house

[portfolio_slideshow exclude=”499,419,420,421,422,423,424,437,441,442,443,444,493,494,495,1458,1460″ include=1000,1001,999,998″]

Beau Rutherford’s testimony regarding the two visits of his windows repairman, and our pointing out to Beau Rutherford in-person the deep water stains on window sills:

Q: Did you ever receive notice … that the windows were leaking water from outside the house?
A: Not after the repair (of a year-earlier leak during construction), no.
Q: Never got any notice at all?
A: Not that I can recall.

* * *

Warnings and explicit instructions were ignored by builder

[portfolio_slideshow include=”419,420,421,422,423,424″]

* * *

Rutherford Custom Homes did not weather-seal windows, and worse

[portfolio_slideshow include=”494,339,340,341,342,343,344,345,346,347,1460,495,349,350,351,352,353″]

* * *

Difference between sealed and unsealed windows is easy to see

[portfolio_slideshow include=”1458,437″]

* * *

How could we build water-tight windows when this builder couldn’t?

Beau Rutherford, was president of this construction company. His father Jim Rutherford touted himself as having 40 years of building experience, and according to Beau Rutherford, Jim Rutherford served as RCH paid consultant. However, Rutherford Custom Homes was unable to build our home so that all windows wouldn’t leak. We found 28 leaking windows. This, despite explicit directions. Then, after the first rains, our builders were unable to stop the leaks for 3 1/2 months, when we had to terminate them.

With no construction experience, even we were able to do what the builders were unable to accomplish — weather-seal the windows.

How did we do it? We looked at window manufacturers’ installation instructions and DuPont home building online, as well as question online building expert blogs. Plus, the contractors we hired not only knew how to build, they took pride in their work.

We weather-sealed the windows with peel and stick flashing. It wasn’t rocket science and DuPont, the maker of our Tyvek Home Wrap, has a good website for proper installation of windows and how to use their flashing products, none of which were used on our windows. In fact, all windows manufacturers we looked up at that time had almost identical examples of how to flash windows, and they all used peel and stick flashing.

Since our construction, DuPont is offering another way to weather-seal windows in addition to peel and stick. We found their website helpful both for its graphics as well as product details on what constitutes weather-seal flashing: http://www2.dupont.com/Tyvek_Weatherization/en_US/products/residential/resi_flashing_systems.html

* * *

Rather than seal the leaking windows, Rutherford Custom Homes’ posed something else

Rutherfords’ attorney asked our architect in his deposition about a redesign of the home 5 years after the fact to mitigate water intrusion from their unsealed windows.

Attorney to our architect:

Q: Do you think awnings or another covering over the doors and windows would have mitigated water intrusion?