CHARLESTON – A Charleston couple says custom windows they ordered were incorrectly installed.
Nathaniel and Megan Kister of Charleston filed their complaint in Kanawha Circuit Court against Pella Corporation, O'Toole Distribution Inc. and Steven A. Michael II, who operates as Quality Construction Co.
According to the complaint, the Kisters asked for a quote to install custom windows at their Charleston home from the Pella Window and Door Showroom in South Charleston. Based on measurements taken at the home, they ordered 26 replacement windows.
In April 2023, the custom windows were delivered to Kister's home.
"During the installation of the windows, it was apparent that the replacement windows were not correctly measured and were too large for the existing interior framing and openings," the complaint states. "Quality Construction nevertheless proceeded to install the incorrectly sized windows by forcibly modifying the existing interior wood framing and openings causing extensive damage to the same."
When the plaintiffs would mention issues and concerns, they say Michael assured them the replacement windows would look good and function as designed.
But a January 2024 home inspection report shows the interior framing was improperly altered resulting in separation gaps and several windows being inoperative. The Kisters say the defendants have refused to correct the issues.
The plaintiffs accuse the defendants of negligence, breach of contract, breach of express warranty, breach of implied warranty, unjust enrichment and unfair or deceptive acts or practices. They seek joint and several compensatory damages, court costs, attorney fees, interest and other relief.
The Kisters are represented by Norman T. Daniels Jr. and Thomas E.G. Spears from Daniels Law Firm in Charleston. The case has been assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number 24-C-128
