First, I'm sorry to hear that you are less than satisfied with your new windows, hopefully you can get the issue resolved. The problem is certainly due to a lack (or failure of) communication, which is unfortunate. In this business, good communication is essential since mistakes on custom manufactured windows is always expensive for someone.

As to the legal side, it sounds like the contractor has fulfilled what was agreed to in the written contract, which I can only assume you had time to read through and check for accuracy. If that's the case, I would think the responsibility is (as a legal matter) 100% yours.

Regardless of the legal implications, I would hope that the contractor would try to find a workable compromise that you can both be happy with.

So are there no grids now and you did want GBG?

How many windows are in question?

That is correct. There are no grids and I did want GBG. 17 windows are in question.

I'm afraid that I'd have to agree with the other guys. Very unfortunate situation, but if there is no mention of grids on the contract, any legal claim that you may have would be highly dubious.

As far as morally/ethically, I can see a little bit more gray area here. If it was very clear that you wanted grids, had he been thinking properly when you asked for the sdls to be taken off, he probably should have at least asked if you wanted gbg's instead. On the other side of that coin, when you are managing several clients etc, it is easy to lose track of individual circumstances, and he just did exactly as asked by you in making the change. Again, ideally he would've remembered the circumstances and asked about gbgs, but making sure that what you want is what is on the contract is your responsibility in the end.

On the positive side, it looks like he is willing to work with you on this. If it were me, I'd try to sit down with you face to face and hash out something fair that we can both feel comfortable with. Anything that he contributes is a bonus and purely good will from a legal perspective, but ticked off customers are expensive too. I would just try to meet with him to see what you can come up with together on a compromise.

Thanks for your response.

I think what you said is pretty much what happened. He lost track of the circumstances and I failed to make sure GBG was on the contract. What makes it a bit more frustrating from my point of view is I had a conversation with the carpenter about which GBG grid to order (Contour) when they came out and measured (right before they ordered them).

In the end, that info never made it to the right person.

DEFINITELY makes it more frustrating. Given that fact, I would certainly bring it up to management as you negotiate a split on the added cost. Frankly, I'd probably cover most if not the entire cost if my measure tech and salesman both admitted to that as the case. Perhaps too much to expect from your contractor, but that's just my thought process.

+1

I actually prefer the windows to be grid-less myself. It might grow on you.

I like your advice to try it out first. I think he is willing to work out a split cost on re-ordering the front facing windows. I am not sure what I think about having some windows with grids and some without. I will see if he is open to giving me an "option" on changing out the front windows within a certain period of time.

Great advice above, and frankly, I'm not sure why your contractor did not suggest it in the first place. Anytime that a situation like that comes up where sash or glass replacement is necessary, we typically proceed with the installation as scheduled and then figure out how to proceed with the parts. This is less inconvenience to you (taking off another day of work, etc) and keeps the contractor on schedule as well. A window install takes 1-2 hours a piece, where a house full of sashes can be replaced by a service tech in less time than that... Gives you the opportunity to see if you might actually prefer it as well...

I also think that the idea of doing front facing units only with grids sounds like a nice cost saving compromise. This is actually VERY common. Preserves curb appeal but saves money and actually gives you a nicer view and more light through the other units that nobody sees anyway.

We do front facing units with grids and none on the back all the time. Quite common and very normal.