Re: [World] Fabricating a waiver for pre-existing scratches

Date Sun, 4 Dec 2005 17:19:26 -0800 (PST)

Gary Mauer <addressis@removed> wrote:
Instead of educating their builders about the possibility of fabricating debris on some poor quality tempered glass surfaces, and telling builders it's impossible for the window cleaner to warrant the surface quality of tempered glass, some window cleaners sort of skirt the issue by first finding scratches on a new building, showing them to the customer, and getting the customer to sign a waiver saying they are not responsible for any scratches.
Is that the general Consensus? Thats not what  i do! De pending on how well the windows were "Bagged" through the entire phase of Construction has alot of bearing with getting a waiver signed excluding myself from any & all scratches on Temp or Annealed.
They say they always check all the windows, and you can always find a scratchso they can get a waiver signed without ever having to explain fabricating debris issues.
If indeed the job does have existing scratches those are pointed out but..i still go the extra mile & try and Educate the builder on Fab Deb. & Poor Quality Tempered Glass...
along with the IWCA,Scrapers& Fab Deb Bulletin.
And of course prior to any work being done a Waiver must be signed!
I guess that is working for some individuals who aren't running into much fabricating debris in their area, and don't really expect much damage if and when they do run into it. And I guess they have builders who will sign a waiver when shown one scratch. (These builders apparently don't complicate matters by asking for a complete inventory of a complete inventory of all pre-existing scratches that were found when the window cleaner thoroughly inspected all of the windows.)
Again...i can only speak for myself,but...i haven't run into awhole lot of Fab Deb. with the exception of 2 jobs (Old Castle) was the Temp.
As for a complete Inventory of existing scratches found..not happening! Nor...would i want to put the responsibilty of finding all the blemishes/defect s on my shoulders.. be it Fab Deb. or just super Itchy glass already scratched.
The problem is that nobody gets much of an education on this issue, and I kinda think they - builder and window cleaner - will be shocked the first time a house full of itchy tempered glass gets scratched.
Every Builder i deal w/gets the basic run down on Fab Deb. along with the "possiblity" of poor Quality Tempered Glass so in the event its real Itchy there were forewarned.Of course the 1st piece of glass that scratches due to Fab Deb.or "poor quality" is brought to the Builders/Foremans Attn.
If the stakes are high enough - let's say $25,000 to replace all the windows;
Call me Naive but.. i pitty the poor fool who does that much damage without realizing it right off the bat.. Unless there were on a blind Onslaught!

A- The builder and their attorney are going to start looking for a way out of the waiver they signed. The builder remembers that the window cleaner had to search high and low to find a pre-existing scratch on one of the upstairs windows. Now there are scratches everywhere you look, and the window cleaner is still claiming they were ALL already scratched.
I for one wouldn't search "High & Low" to find every pre existing scratch.. upon finding (one or a few) is brought to the attention of the builder,so he knows up front they exist w/the possibilty more could be present.Hard to tell what lies underneath Const.deb if indeed the windows were not properly protected.
But...if a waiver got signed Mr.Builder & Lawyer can try and find a "Loop Hole" all they want... i did want im suppose to do getting the waiver signed to cover my Butt!

B - The window cleaner and their attorney will finally start considering ways to get the builder up to speed on fabricating debris.
If indeed Fabricating Debris is the culprit? I myself run into more Poor Quailty Tempered Glass then Fab Deb. but...i can only speak for myself.
I understand why people are reluctant to start believing fabricating debris is real, and I suppose nobody can hold that against them in court you can't believe everything you read on the Internet. a believer and Fabricating Debris is a REAL PROBLEM! 
But whether they believe it or not, fabricating debris is real.  One day the window cleaner who regularly only points out one or two pre-existing scratches in order to get a waiver signed will have to deal with a houseful of fabricating debris damaged tempered glass - and a builder who feels cheated.
If indeed something like that got by me initally...
the Minute i realized a house or job was full of Fab Deb. or just ITCHY glass...I'd be hunting down the Builder in a New York Minute!

Gary Mauer
Since 1996  - the Window Cleaning Network
Oconomowoc, Wisconsin, USA
Craig Aldrich
Sparkle Window Cleaning
Canyon Lake Ca.
IWCA & MWCoA Member