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


Date Mon, 5 Dec 2005 07:06:07 -0800

 
 
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.
 
I believe I may have ran across two windows (on the same job) several years ago that probably had fabricating debris. Looking back now  the scratch pattern was such that I am almost positive it was. Location of windows and job etc. it was no problem.
 
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.
 
At the present time I do not do CCU. In years past I have done a considerable amount.I have never had a problem with scratches or been accused of it.  Before accepting a CCU job I would check the windows until I found a few scratches. I would then show the existing scratches to to builder and/or owner and have a waiver signed that I would not be liable for ANY damage to glass.
 
It is not necessary to check all the windows, just enough to show there are existing scratches.
 
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, it is not necessary to thoroughly inspect all of the windows nor would I tell a contractor it was a complete inventory of all scratches on the windows. Just enough to show that there are some scratches on the glass. Where you find some, there is bound to be more.
 
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.
 
The window cleaner also needs a confidant attitude (not a "I think I may have scratched some glass") If you show any weakness you can get blamed. Know what you are doing and show it by your attitude.
 
If the stakes are high enough - let's say $25,000 to replace all the windows;
 
I like to think that window cleaners are smart enough to quit and find out why if they see a large problem developing.
 
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  W 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. 
 
With the waiver and a confidant attitude on the part of the window cleaner there should be no doubt they were scratched by other than window cleaner.

B - The window cleaner and their attorney will finally start considering ways to get the builder up to speed on fabricating debris.  
 
And this should be done. 
 
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. 
 
You are gonna need more than one or two  pre-existing scratches in order to get a waiver signed. Scratches will be there, just look. And attitude "I do not scratch glass.
 
Norman L. Winton Sr.
Vancouver, WA, USA