April 8, 2009 | Vol 4 No 14
W&D Weekly, Delivering the Fenestration Industry to Your Desktop

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Window & Door magazine.

Doorlite frames from WK Davenport


Sell Aesthetics



The Latest...

Final 2010 Energy Star Criteria Issued by DOE
With two notable changes from the most recent draft, the U.S. Department of Energy has released its final revised criteria for the Energy Star Windows.....read more

Wind and Water Issues Top FMA Agenda
Cocoa Beach, Fla.—In addition to a challenging economy and a depressed new construction market, manufacturers and suppliers in the Southeast region of the country have some additional balls to juggle ...read more

G-U Consolidating Distribution in Montreal
G-U Hardware Inc. plans to consolidate its United States distribution operation in Newport News, Va., into its Canadian division ...read more

Westside Door First to Implement WTS Dealer System

WTS Paradigm, a supplier of window and door manufacturing and sales software, reports it has  completed the first implementation for its new dealer software read more

More News


The Outside View...

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The Talk...

My company's approach to lawsuit protection is:
Quite proactiveŚwe're very active in minimizing legal risk
I thought we were covered, but your questions make me wonder
Not nearly as proactive as it should be

If poll form doesn't work in your email, Click Here.

Christina Lewellen, 
senior editor of Window & Door

As an industry, we're lucky to have snagged a couple of gentlemen by the names of David Toney and Paul Gary. They're lawyers, but don't hold that against them. They've both made careers out of defending window manufacturers in court and, more importantly, trying to keep them out of legal pickles in the first place.

Toney and Gary were at the Fenestration Manufacturers Association meeting last week and gave some good heads up to attendees about smart ways to protect themselves in the current marketplace—especially when it comes to energy performance and green building claims. I've heard Toney speak a handful of times and he spends a good deal of time talking to dealers and manufacturers, "the good guys," about how to keep "the bad guys" at bay. His advice, quite simply, is to shape customers' expectations proactively in attempt to minimize lawsuit risk down the road.

How proactive are you when it comes to making sure you're not inadvertently inviting a lawsuit with your warranty, contracts, brochures or even your Web site? Do I make your skin crawl a little by asking that question? We can all have a good chuckle at the expense of lawyers, but guys like David Toney and Paul Gary have built practices trying to help window manufacturers and dealers avoid pricey legal situations. How confident are you that your legal bases are covered? I'm not inviting confidential information, but I would like to know your general game plan when it comes to lawsuit protection—send me an email to share (confidentially, as always).


The Talk..., Page 2

"Have We Hit Bottom?"

Some people still think we have a ways to go, but responses to last week's poll suggest that many companies feel they are ready to see some gains and a few others are already there.

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