Don O’Keefe Wins Arbitration in a Product Liability Claim

PS Partner: Donald O’Keefe

We represented: Winco Window Inc.

Mediator: Timothy R. Thornton, U.S. Arbitration and Mediation


APG International hired Winco to supply 1600 pre-fabricated windows for a New Brunswick redevelopment effort known as the Heldrich project which includes a 248-room hotel, 50,000-square-foot conference center, Rutgers University workforce development office, retail space and nearly 50 condominiums.  Winco also supplied installation material to Innovative Glazing Systems, the window installer.

APG International filed its arbitration in 2010, alleging that the windows failed leak tests by the general contractor after installation.  APG was seeking approximately $268,000 that it said the general contractor was withholding for the window defects, and another $178,562 the company said it spent for remediation to properly seal the windows.

The arbiter found that the company failed to demonstrate that the windows had design defects.  Further, Winco presented “substantial and convincing evidence” that the windows weren’t installed properly, the arbiter found.  After a two-day arbitration in July 2015, the arbiter awarded $17,882.81 to Winco Window Inc. to account for unpaid invoices, plus interest.  The arbiter also awarded Windo Window Inc. slightly less than $4,750 for legal fees.

Last Demand: $446,562

Award: Approximately $22,632.81

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