The contractor seems to be the one at fault. I’d start high and ask for it all.

He seems to want to put in a cheaper non-HOA compliant option and only replace one window and leave me responsible for the rest. He's arguing that he's providing a code compliant solution and I'm responsible for the HOA compliant need. That doesn't seem quite right to me since if he did it right in the first place I wouldn't have had to pay extra, but I've never had a contractor mess up this badly so I don't know what to expect.

I’d perhaps offer to pay the difference in cost of materials for right window vs the wrong one . If you haven’t paid you hold most of the cards. Tell to pull the permit and close it as well, if not you can call the city or attorney general.

I'd call inspection, get a red tag (stop work order), and tell him you'll pay the balance as soon as the red tag is gone.

That's a great idea. However, I think I just made another mistake and paid with check a few days ago when they finished the job. I may be within the stop payment timeframe. Is a stop payment worth it at this point? Also, what does red tagging mean?

"Is a stop payment worth it at this point?"

Without leverage you will stand zero chance of getting him back and his actions and words prove he does not care about doing the job properly.

"Also, what does red tagging mean?"

Stop work order from the building dept. It will call his actions or inactions to the forefront. And "may" help you with getting him to finish the work properly thru the threat of his license being pulled.

Yes, stop payment!

The GC I used put in the wrong 4 windows - twice (he ordered the same wrong ones on second order). Finally, on third attempt correct windows installed. Eight (8) windows in the trash.

You cannot stop payment. In my state, that is a criminal misdemeanor. If there is a contract dispute, it is settled in court, not by stopping payment.

As far as the window, egress does not require 2 windows. It requires one clear opening of 5.7sf and sill height no more than 44"AFF. The window sticker (as well as in the catalog) will indicate compliance. If you are talking about light+ventilation requirements, that is based on the floor area of the room (however there are ways around it) and making sure the window's listed spec meets those.

If his contract states "permit by him" then that would be compliance to codes. However, not much info is given. Did you pick the windows? Did you say to just replace with the same? He may not be aware of codes and life safety, unfortunately. In some disputes, if you are going to be getting new value for something that will be redone, it is worth it to negotiate, maybe the difference in window cost, or half the cost, maybe not labor though.

@3onthetree

There were egress windows in the house, and he took them out and replaced them with non egress windows that weren't to code. It doesn't meet 5.7 sf. If I can find it on the internet as an untrained individual, I don't think it's too much to expect a licenced contractor who specializes in windows to know that too. That isn't asking a lot. There are no egress windows at all in that room.

There were egress windows in the house, and he took them out and replaced them with non egress windows that weren't to code. It doesn't meet 5.7 sf.

If you were satisfied with the job, and all obligations were apparently met, and made payment, then later realized that you shouldn't have, then stop payment can be "deceptive practice" (firsthand experience with this in my state). I would review your state's laws regarding this. But either way, the OP needs to resolve by negotiating or going to court.

3onthetree is offering sound advice, particularly if this is a reputable company. If you are working with Chuck in truck and his taillight warranty then sure, do whatever you can to try and stop the payment to maintain leverage because that may be all that you have. If this is a legitimate business however, you have legal recourse, review postings, etc. The project as contracted will be key here, especially if this is a tricky situation where the egress requirement and the HOA demands conflict.

Is/was it obvious that this is a bedroom?

Are there any other windows in this bedroom? (I think you may have answered this, but double checking)

Did the previous window meet egress? (don't just assume, as many older homes do not). Being that you have an HOA perhaps its a newer home and likely did.

What style window was there and what was it replaced with?

How was the new style chosen and is that detailed in the contract?

What exactly is he offering to rectify this? A different operator but a lower grade window in this location? Details?

Is it written in the contract that he is responsible for permits, or did he just tell you that he would?

All of these things may be relevant, its important to know how something went wrong in order to determine a fair and equitable way to solve the problem. Calls to stop payment, make demands, and resorting immediately to hardball before more diplomatic paths have been explored can be destructive and make a bad situation worse, just be cautious about that.

I agree with the overall sentiment that the contractor should have known that these windows needed to meet egress requirements and its likely that you can hold him to that, just make sure to gather the details and see if you can come to an amicable agreement first.... Unless again, this is some little one-man guy with no roots to speak of.