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

Date Mon, 5 Dec 2005 08:11:16 -0500

I agree; assuming you’ll eek by isn’t a safe way to play.  Personally, we don’t take on a lot of CCU.  We are fortunate enough to keep very busy without it most of the time. There are, however; those times when being the CCU contractor is the best way to set yourself up for the ongoing contract and, at such times, we do take the work. The more I read about this problem, and the WCs that have had issues with it, the more I think that we should have standard literature to provide our prospective CCU customers. I am going to start working on a brochure specifically designed to educate prospective CCU customers about the fab debris problem and intend to start handing it out at the same time I’m getting my waiver signed.  


Michael D. Brinegar


Pride Master, Inc.

-----Original Message-----
From: addressis@removed [mailto:addressis@removed On Behalf Of
Gary Mauer
Sent: Saturday, December 03, 2005 1:30 PM
Subject: [World] Fabricating a waiver for pre-existing scratches


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.


They say they always check all the windows, and you can always find a scratch, so they can get a waiver signed without ever having to explain fabricating debris issues.


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.)


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.


If the stakes are high enough - let's say $25,000 to replace all the windows;

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.

B - The window cleaner and their attorney will finally start considering ways to get the builder up to speed on fabricating debris.


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.


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.


Gary Mauer
Since 1996  - the Window Cleaning Network
Oconomowoc, Wisconsin, USA