The Product Defect
Windows in residential buildings must be watertight. Viking Industries, Inc. placed a sticker on all Series 3000 windows asserting that the windows met the R-20 certification. The R-20 certification constitutes a representation to consumers, building professionals and trades that the windows meet American Architectural Manufacturers' Association ("AAMA") standards and that the windows are watertight. In fact, the Viking Series 3000 windows neither meet the "R-20" certification nor are they watertight.
The Viking windows consist of four aluminum frame members: the bottom (sill), two sides (jambs), and the top (head). The two lower corners of each window are the most critical because they must be watertight or wind driven rain will enter the building.
In the absence of sealant, the jamb to sill intersections, i.e., the lower corners of the windows, are not watertight. These facts are undisputed by Viking's defense experts and representatives.
Because Viking chose the wrong sealant, PTI-200, the Series 3000 windows have at least three separate inherent defects. First, the life expectancy of the aluminum window is 35-40 years. In contrast, the life expectancy of the sealant is 10-15 years. The difference of the life expectancies between the framing members and the sealant is irreconcilable and inconsistent with Viking's design intent. The sealant has or will fail before the useful life of the windows and is an inherent design defect in every Viking Series 3000 window.
Second, Viking universally failed to follow its own specifications regarding where to apply the sealant to the lower corners. All jamb to sill intersections are attached by two screws. Although connected, these intersections are not watertight. Where the two framing members intersect, there are five seams which must be sealed. Contrary to its own specifications, however, Viking sealed only three of the five seams. This inherent defect is universally common to all Viking Series 3000 manufactured during the Class Period and has or will cause the windows to leak before their useful life.
Third, the PTI-200 sealant is a liquid sealant designed for use on horizontal seams, seams parallel to the bottom of the window. Each window corner has two vertical seams where the jamb intersects the sill at each lower corner. These seams must be sealed to create a watertight joint. The PTI-200 sealant is not designed to be used in vertical seams. The sealant sags and cannot be properly applied to the vertical seam. This, too, is an inherent defect common to all Viking Series 3000 windows in the Class Period.
Lastly, a substantial portion of the Viking windows have missing or misapplied sealant on the three seams to which they did apply the PTI 200.
These design and manufacturing defects cause the Series 3000 windows to leak before their useful life.
Lieff Cabraser Heimann & Bernstein, LLP and David Birka-White are not affiliated with Viking Window Systems. The use of the Viking name on this website is strictly for product identification and informational purposes.
