Frequently Asked Questions

  1. Why is a Notice being provided?

    A Court authorized this website to inform you of the Settlement of the lawsuit and about all of your options before the Court decides whether to give “final approval” to the Settlement. This website explains the lawsuit, the Settlement, your legal rights, what benefits are available, who may be eligible for those benefits, and how to get them.

    The Honorable Judge David C. Norton of the United States District Court for the District of South Carolina is overseeing the Action. The Settlement resolves the cases known as: Johnson, et al. v. MI Windows and Doors, LLC., Case No. 11-cv-00167, and Lakes of Summerville, LLC. v. MI Windows and Doors, LLC., Case No. 12-cv-01297, and all other cases pending in the multidistrict litigation known as In re: MI Windows and Doors Products Liability Litigation, MDL 2333, assigned to the Honorable Judge David C. Norton in the United States District Court for South Carolina, Charleston Division, collectively the “Action.”

    The persons who sued are called “Plaintiffs,” and the company being sued, MI Windows and Doors, LLC. f/k/a MI Windows and Doors, LLC., and related entities, are referred to as “MIWD” or “Defendant.” Plaintiffs and MIWD are referred to together as the “Parties.”

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  2. What is this lawsuit about?

    Plaintiffs allege that tape glazed Windows manufactured by MIWD between July 1, 2000 and March 31, 2010 contain defects that have caused water intrusion (leaking) and resulting damage to Windows and Plaintiffs’ property; that some Window owners or former owners have paid for repairs or replacements of their Windows; and that some owners will require future repairs of their Windows. The Action asserts various Claims against MIWD including Claims for negligence, negligent misrepresentation, breach of contract, breach of express warranty, products liability, and breach of implied warranty of merchantability. The Action seeks monetary damages (money) from MIWD. MIWD denies Plaintiffs’ allegations of wrongdoing and asserts numerous defenses to Plaintiffs’ Claims.

    Plaintiffs and MIWD have entered into the Settlement to end the litigation. On July 22, 2015, the court issued an order approving the settlement. The Settlement will not actually take effect unless and until (a) no notice of appeal of the judgment or any order in the Action has been filed, (b) the time provided for in the Federal Rules of Appellate Procedure to take any such appeal has expired, and (c) any right to take any such appeal has been waived or otherwise lost, or each such appeal that has been taken has been finally adjudicated and the judgment and Final Approval Order have been upheld in all respects by each such final adjudication.

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  3. Why is this a class action?

    In a class action, one or more people called “Named Plaintiffs” (in this case, Nadine Johnson, David R. Van Such, Craig Hildebrand, Joseph DeBlaker, Mike and Janeen Meifert, Manzoor and Sosi Wani, Gregory and Kristy Kathman, David Deem, John W. and Elizabeth D. McCubbrey, Daniel Kennedy, Jennifer and Scott McGaffin, Stevenson T. Womack, Alex Krueger, Thomas Boettinger, Kerry Dewitt, Jamie Reed, John Oriolt, Jessica Zepeda, Larry Taylor, James Lovingood, Gail Loder, Jacquiline Ward, Jackie Vargas Borkouski, Arthur and Susan Ferguson, Patricia Lane, and Lakes of Summerville, LLC) sue on behalf of people who have similar Claims. All of these people are Settlement Class Members. One court resolves the issues for all class members, except for those who timely exclude themselves from the class.

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  4. Why is there a Settlement?

    Both sides have agreed to the Settlement to avoid the risks and costs of further litigation. Further litigation would have potentially included more discovery and motions, class certification briefing, a class trial, and defending any verdict on appeal, a process that would have taken several years and presented a number of risks. The Parties engaged in extensive Settlement negotiations with the assistance of mediators and the Court. The Settlement obtains for the Settlement Class Members a process for obtaining certain relief, described below, without the attendant delays, risks, and expenses of a trial, appeal and efforts to recover on a judgment (if any). MIWD denies all legal Claims in this case and does not admit any liability. Named Plaintiffs and their lawyers think the proposed Settlement is best for all Settlement Class Members.

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  5. What do all the capitalized terms mean?

    The Settlement Agreement and the Notice use a number of specific defined terms (such as “MIWD Product”) that are capitalized. Some of these terms are defined in this Notice, but if you are unsure of the meaning of a specific defined term please consult the Settlement Agreement for the definition. You may obtain a copy of the Settlement Agreement here. You may also request a copy from the Claims Administrator by calling 1-888-668-8198, sending an e-mail to info@miwdtapeglazedwindowsettlement.com, or writing to: MI Windows Settlement Administrator PO Box 3230 Portland, OR 97208-3230.

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  6. How do I know if I am part of the Settlement?

    The Settlement Class includes all Persons in the United States or its territories who own, owned, or have a legal obligation to maintain or repair a MIWD Product.

    The Settlement Class contains a “Homeowner Settlement Class” and a “Contractor/Construction Settlement Class.”

    1. The Homeowner Settlement Class includes all Persons that purchased or came into ownership of (through assignment, transfer, or otherwise) Affected Property containing MIWD’s Product as well as all Persons who have a legal obligation to maintain or repair MIWD Product.
    2. The Contractor/Construction Settlement Class includes all Persons (including contractors, developers, subcontractors, and others) who, while engaged in the business of residential construction, were involved in any respect in causing MIWD’s Product to be acquired for or installed into Affected Property. Those Contractor/Construction Class Members who continue to own such Affected Property at the time of Notice may be entitled to a remedy.

    “Affected Properties” means any real property, residential or commercial, with MIWD’s Product installed and includes Multiple Unit Property(ies).

    “Person” or “Persons” means any individual (such as a homeowner), legal entity, association, Multiple Unit Property Governing Body, or its successors.

    Included within the Settlement Class are the legal representatives, heirs, successors in interest, transferees, and assignees of all such foregoing holders and/or owners of Affected Property, immediate and remote.

    You may only file a Claim for specific MIWD Product as a member of one of the Classes (not both).

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  7. How do I know if I have the MIWD Product in my home?

    MIWD Product includes tape glazed windows manufactured between July 1, 2000 and March 31, 2010, including the following series, listed here.

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  8. Are there exceptions to being included?

    Excluded from this Settlement are: (1) Persons who have previously settled and released their Claims against MIWD, had their Claims dismissed in court, or accepted a final remedy from MIWD, (2) employees of MIWD, (3) the Judge and court personnel overseeing the Action, (4) all governmental entities, and (5) all Persons who, in accordance with the terms of the Settlement Agreement, properly execute and timely file during the Opt-Out Period a request for exclusion (as described in FAQ #21) from the Settlement Class.

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  9. What if I am not sure whether I am included in the Settlement?

    If you are not sure whether you are in the Settlement Class, or have any other questions about the Settlement, please refer to the Long Form Notice, located here, or call the toll free number, 1-888-668-8198. You may also write with questions to Epiq Class Action & Claims Solutions, Inc., a third-party administrator paid by MIWD (the “Claims Administrator” and “Appeal Adjudicator”), at PO Box 3230, Portland, OR 97208-3230 or send an e-mail to info@miwdtapeglazedwindowsettlement.com.

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  10. Who is eligible to seek benefits under the Settlement?

    Members of the Settlement Class who are able to demonstrate the following can file a Claim for benefits.

    • Homeowner Settlement Class A Eligibility: Class A Eligible Members are current Homeowners with Windows who have Visible Residue Lines, leaking lower window joints (upstand legs), or various other qualifying glazing or mullion leaks (“the Identifiable Conditions” described below) and one or more instances of Eligible Consequential Water Staining or Water Damage that is Reasonably Attributable to an Identifiable Condition.
    • Homeowner Settlement Class B Eligibility: Class B Eligible Members are current Homeowners with a Window that exhibits a Visible Residue Line but who have not experienced Eligible Consequential Water Staining or Water Damage.
    • Homeowner Settlement Class C Eligibility: Class C Eligible Members are current or former Homeowners that paid for repairs or replacement of Windows as a result of Consequential Water Damage prior to Notice of this Settlement.
    • Contractor/Construction Class Eligibility: Eligible Contractor/Construction Class Members are Persons who currently own Affected Property with MIWD Product and have Eligible Consequential Window Damage that is Reasonably Attributable to an Identifiable Condition.

    “Identifiable Condition(s)” means any of the following physical manifestations that are observable by normal human senses, without the use or aid of any detection equipment and observable through Photographs or Video submitted with the Claim Form:

    1. Visible Residue Line: Visually apparent sediment, crud, or discoloration (not dust) immediately above or below the lift rail portion of the operable sash that appears at one or more locations with a total length of 4 inches or more.
    2. Staining at upstand leg joint, leaking at upstand leg joint, or unsealed upstand leg joint (sill joints).
    3. Water penetration through Window glazing of picture, fixed, or other non-operable Windows.
    4. Interior water penetration through a horizontal or vertical mullion between Windows.

    “Consequential Water Damage” means degradation or other loss of integrity of the Substrate around the sill of a Window, including swelling, warping, softness or crumbling, that is beyond the Window frame itself and that is Reasonably Attributable to an Identifiable Condition.

    “Consequential Water Staining” means discoloration of finish surface(s) of the sill, stool, trim, wall, jamb reveal, or other component of the Affected Property, emanating from and commencing within an eight (8) inch radius of the bottom of a Window (except for water staining caused by horizontal mullion leaks) yet beyond the Window frame itself that can be repaired without replacement of the Substrate and that is Reasonably Attributable to an Identifiable Condition. “Consequential Water Staining” does not include (1) any mildew or discoloration that can be removed with a damp cloth and non-abrasive household cleaner.

    Examples of the Identifiable Conditions and Consequential Damages can be found here.

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  11. What are the benefits of the Settlement to the Homeowner Class?

    The Settlement provides a variety of benefits depending on which Class(es) you file a Claim under.

    Homeowner Settlement Class A Benefits:

    Repair Relief: Class A Eligible Members (who are current Homeowners with Windows who have one or more instances of Eligible Consequential Water Staining or Water Damage) may file a repair Claim for each Window that has an Identifiable Condition(s):

    1. Visible Residue Line: Except as provided directly below (1 and 2), MIWD shall Cap Seal (repair with sealant) or supply a New Sash (at MIWD’s option) for each Window with a Visible Residue Line:

      1. However, each MIWD Window demonstrating Consequential Water Staining or Water Damage will receive a sash replacement.
      2. Additionally, Class A Eligible Members who have at least one Window with a Visible Residue Line and resulting Consequential Water Damage can choose to buy additional New Sashes at $35 per sash (inclusive of shipping) for each additional Window that demonstrates a Visible Residue Line without Consequential Water Damage. This sash price is at or below MIWD’s cost to manufacture and ship the sash.
    2. Staining at upstand leg joint (bottom corners of window frame), leaking at upstand leg joint, or unsealed upstand leg joint (sill joints): MIWD will Repair With Sealant each Window.
    3. Water penetration through Window glazing of picture, fixed, or other non-operable Windows: MIWD will Cap Seal each Window with water penetration through Window glazing.
    4. Interior water penetration through a horizontal or vertical mullion between windows: MIWD will Repair With Sealant each mullion with interior water penetration.

    During the process of making repairs to any Window with an Identifiable Condition, MIWD will replace any failed insulated glass unit (“IGU”) through sash replacement or reglazing.

    All repairs and replacements listed in Paragraphs A through D above are warranted for two years from the date of repair or shipment of replacement part(s) or, in the case of Original Homeowners who have not received a Consequential Damage Payment, the balance of the Original Express Written Warranty, whichever is longer. The terms of this warranty are set forth in the Settlement Agreement.

    Consequential Damage Compensation: Class A Eligible Members (who are current Homeowners with Windows who have one or more instances of Eligible Consequential Water Staining or Water Damage) may file a Claim for one of the following Consequential Damage Compensation payments per Affected Property:

    1. $250 for Consequential Water Staining at up to two separate openings; or
    2. $500 for: (1) Consequential Water Staining at three or more separate openings or (2) Consequential Water Damage resulting in Degradation of Building Materials (i.e., more than just staining to finishes) that are within eight (8) inches of the Window sill at a single Window; or
    3. Up to $2,500 for Extensive Consequential Water Damage resulting in Degradation of Building Materials commencing within and extending more than eight (8) inches beyond the Window sill at a single Opening, or Degradation of Building Materials within eight (8) inches of the Window sill in seven (7) or more Openings. Eligibility for this relief requires submission of Photographic Proof or Video Proof demonstrating Extensive Consequential Water Damage, an estimate from a Qualified Contractor, and a Qualified Contractor causation statement establishing that the Extensive Consequential Water Damage is Reasonably Attributable to an Identifiable Condition.

    Homeowner Settlement Class B Benefits:

    Class B Eligible Members (who are current Homeowners with Windows that have Visible Residue Lines without any Eligible Consequential Water Staining or Water Damage at any Window) may file a Claim as follows: For each Window evidencing a Visible Residue Line, Class B Eligible Members may file a Claim for a repair (by Cap Seal, re-glazing, or a New Sash, at MIWD’s option), with a two year warranty on the repair measured from the date of repair or shipment of the New Sash, or, in the case of Original Homeowners, the balance of the Original Express Written Warranty, whichever is longer. The terms of this warranty are set forth in the Settlement Agreement.

    Homeowner Settlement Class C Compensatory Benefits:

    Class C Eligible Members may file a Claim for reimbursement for prior repair of Consequential Water Damage up to $1,250 per Affected Property. Claimants can participate in Class C recovery in addition to Class A or Class B recovery (file a Claim for both categories) provided they do not receive a double recovery on any condition or damage. Total Consequential Damage Compensation per Affected Property shall not exceed $3,750 ($1,250 + $2,500).

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  12. What if I’m a Homeowner and my Windows are still under warranty?

    Original Homeowners who did not receive a Consequential Damage Payment as set forth in Class A (in FAQ 11) may, individually, submit a warranty Claim to MIWD (but may not pursue any other type of common law or statutory Claim, regardless of legal theory) for any MIWD Product or MIWD Product Component as covered under the Original Express Written Warranty applicable to their MIWD Product. Each such warranty Claim must be submitted during the Applicable Warranty Period as set forth in the Original Express Written Warranty applicable to their MIWD Product. If MIWD accepts a warranty Claim, then MIWD’s sole obligation shall be to repair the MIWD Product or MIWD Product Component or provide replacement parts, using reasonably available functionally equivalent parts and materials, at its sole option.

    Original Homeowners who receive a Consequential Damage Payment as set forth in Class A (in FAQ 11) may, individually, submit a warranty Claim to MIWD (but may not pursue any other type of common law or statutory Claim, regardless of legal theory) for any MIWD Product or MIWD Product Component as covered under the Original Express Written Warranty applicable to their MIWD product. In this circumstance, a warranty Claim must be submitted within two (2) years of the date that Notice of the Settlement is first published. If MIWD accepts a warranty Claim, then MIWD’s sole obligation will be to repair the MIWD Product or MIWD Product Component or provide replacement, parts, using reasonably available functionally equivalent parts and materials, at its sole option.

    Subsequent Homeowners may individually submit a warranty Claim with MIWD (but may not pursue any other type of common law or statutory Claim, regardless of legal theory) for any MIWD Product or MIWD Product Component as warranted under the Original Express Written Warranty applicable to their MIWD Product (as though they were an Original Homeowner). In this circumstance, a warranty Claim must be submitted within sixteen (16) months of the date that Notice of the Settlement is first published. If MIWD accepts a warranty Claim, then MIWD’s sole obligation shall be to repair the MIWD Product or Product Component or provide replacement parts, using reasonably available functionally equivalent parts and materials, at its sole option.

    In each of the three foregoing instances, these warranty Claims must be submitted to MIWD pursuant to the Settlement Agreement and may not be filed in any court of law or any other forum. If the Homeowner Settlement Class Member disagrees with MIWD’s determination in any respect, the Homeowner Settlement Class Member may appeal to the Appeal Adjudicator. The Appeal Adjudicator’s decision shall be final and binding and the Appeal Adjudicator may not provide any relief other than repair of the MIWD Product or MIWD Product Component or provision of replacement parts. The Homeowner Settlement Class Member will have no other remedy of any sort. Homeowner Class Members who submit a warranty Claim shall not be required to provide proof of reliance.

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  13. What are the benefits of the Settlement to the Contractor/Construction Class?

    Under the Settlement, an Eligible Contractor/Construction Settlement Class Member who currently owns Affected Property with MIWD Product and has Eligible Consequential Window Damage will qualify for and be entitled to elect either a repair or a Consequential Damage Payment.

    Repair Relief: If repair is elected, Eligible Contractor/Construction Settlement Class Members will be entitled to the following relief for each MIWD Window evidencing the Identifiable Condition(s):

    1. Visible Residue Line: MIWD shall Cap Seal or supply a New Sash (at MIWD’s option) for each Window evidencing a Visible Residue Line.
    2. Staining at upstand leg joint, leaking at upstand leg joint, or unsealed upstand leg joint (sill joints): MIWD will Repair with Sealant each Window evidencing this Identifiable Condition.
    3. Water penetration through Window glazing of picture, fixed, or other non-Operable Windows: MIWD will Cap Seal each Window evidencing water penetration through Window glazing.
    4. Interior water penetration through a horizontal or vertical mullion between windows: MIWD will Repair With Sealant each mullion evidencing interior water penetration.

    During the process of making repairs to any Window with an Identifiable Condition, MIWD will replace any failed IGU through sash replacement or reglazing. All repairs and replacements listed in paragraphs A through D above are warranted for two years from the date of repair or shipment of replacement part(s). The terms of this warranty are set forth in the Settlement Agreement.

    Consequential Damage Compensation: If compensation is elected, Eligible Contractor/Construction Settlement Class Members may file a Claim for one of the following Consequential Damage Compensation payments per Affected Property:

    1. $250 for Consequential Water Staining at up to two separate openings; or
    2. $500 for (1) Consequential Water Staining at three or more separate openings or (2) Consequential Water Damage resulting in Degradation of Building Materials that are within eight (8) inches of the Window sill at a single Window; or,
    3. Up to $2,000 for Extensive Consequential Water Damage resulting in Degradation of Building Materials commencing within and extending more than eight (8) inches beyond the Window sill at a single Opening, or Degradation of Building Materials within eight (8) inches of the Window sill in seven (7) or more Openings. Eligibility for this relief requires submission of Photographic Proof or Video Proof demonstrating Extensive Consequential Water Damage, an estimate from a Qualified Contractor, and a Qualified Contractor causation statement establishing that the Extensive Consequential Water Damage is Reasonably Attributable to an Identifiable Condition.

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  14. What if I’m a Contractor/Construction Class Member and my Windows are still under warranty?

    Contractor/Construction Settlement Class Members who currently own Affected Property with MIWD Product and did not experience any Eligible Consequential Damage prior to the end of the Claims Period for Eligible Contractor/Construction Settlement Class Members may, individually, submit a warranty Claim to MIWD, if applicable, (but may not pursue any other type of common law or statutory Claim, regardless of legal theory) for any MIWD Product or MIWD Product Component as warranted under the Original Express Written Warranty applicable to their MIWD Product or MIWD Product Component, and shall not be required to provide proof of reliance.

    Each such warranty Claim must be submitted during the Applicable Warranty period as set forth in the Original Express Written Warranty applicable to their MIWD Product or MIWD Product Component. If MIWD accepts a warranty Claim, then MIWD’s sole obligation shall be to repair the MIWD Product or MIWD Product Component or provide replacement parts (at its sole option). The Contractor/Construction Settlement Class Member will have no other remedy of any sort. Any and all warranty Claims must be filed with MIWD and cannot be filed in any court of law or any other forum. If the Contractor/Construction Settlement Class Member disagrees with MIWD’s determination in any respect, the Contractor/Construction Settlement Class Member can appeal to the Claims Administrator. The Claims Administrator’s decision shall be final and binding and the Claims Administrator cannot provide any relief other than repair of the MIWD Product Component or provision of replacement parts.

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  15. Are there any exceptions to the benefits?

    Yes. The benefits provided by the Settlement DO NOT cover any damage if the following factors (called “Challenge Factors”) are present:

    1. Evidence of water infiltration commencing more than 8 inches above the Identifiable Condition;
    2. Observable Window product damage caused by, e.g., abuse or violent acts of nature, etc., that more likely than not caused the claimed Damages;
    3. Substantial evidence that the claimed Damages are more likely than not due to water infiltration from another source, not related to the Window;
    4. Patent installation errors that appear more likely than not to have caused the claimed Damages, or the use of non-MIWD mull products or methods to mull the windows;
    5. An observable water staining or water damage pattern appearing in the Substrate at the top of an Opening which more likely than not caused the claimed Damages. Observable water staining or water damage does not need to extend to or be continuous with the Window sill in order for this Challenge Factor to apply. With respect to claimed Damages that are immediately adjacent to and touching the Identifiable Condition, this Challenge Factor shall apply only if there is substantial evidence that this Challenge Factor more likely than not caused such claimed Damages; or
    6. With respect to aluminum Windows only, claimed Damages that more likely than not are caused by condensation, as evidenced by uniform water staining or uniform water damage across the stool or sill immediately adjacent to the Window sill.

    The existence of a Challenge Factor precludes compensation for claimed Damages that are more likely than not attributable to the Challenge Factor than to the Identifiable Condition. However, where a Claimant has both claimed Damages that are more likely than not attributable to an Identifiable Condition and claimed Damages that are more likely than not attributable to a Challenge Factor at the same Opening, the Claimant is still entitled to compensation for the claimed Damages that are more likely than not attributable to the Identifiable Condition.

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  16. How do I file a Claim to get money and other benefits?

    The deadline to file a claim was December 28, 2015.

    If you have a defective claim and need to upload addtional documentation, click here.

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  17. How will the Claims Administrator process Claims for benefits?

    The Claims review process is summarized in this FAQ. You should read the Settlement Agreement for complete detail on the Claims review process. The Claim Form also includes guidance on how your Claim will be reviewed.

    Initial Claim Review. The Claims Administrator will review all Claim Forms received prior to the Claim Deadline and determine if each Claim is complete and includes all required supporting documentation. If your Claim is complete and received on time, the Claims Administrator will notify you as to whether your Claim has been approved or denied. If your Claim is incomplete or otherwise deficient, the Claims Administrator will notify you and you will have 30 days to “cure” your Claim (from the date when notice of your deficient Claim was sent to you). The letter from the Claims Administrator will tell you exactly what you need to do to cure your Claim. If you timely re-submit your Claim after a deficiency notice and it is still not complete, you will have additional opportunities to cure your Claim. However, the Claims Administrator is only obligated to give two follow up notices (a total of three deficiency notices) for each Claim. Claims that are not cured within the time periods allowed will result in the Claim being denied. If your Claim is denied, you will be notified.

    An expedited initial Claim review for special circumstances (e.g., repairs in process or property subject to a contract of sale) will be available upon Claimant request and subject to the availability of the Claims Administrator.

    For some approved Claims, MIWD may ask that an inspection be made (see “Inspections” below). MIWD may also appeal the Claims Administrator’s decision to approve a Claim.

    Claimant Appeals: A Claimant will have 30 days following a notice that their Claim was denied (in whole or in part) to appeal that decision to the “Appeal Adjudicator.” If your Claim is denied, you will be notified of the process to appeal. There will be specific time periods to submit your appeal along with any additional documentation you may want to submit. Determinations of the Appeal Adjudicator will be final and not appealable.

    Inspections: If MIWD requests an inspection, it will be arranged by the Claims Administrator who will contact you. The inspection will strictly follow the guidelines set out in the Settlement Agreement. Failure to allow an inspection may result in denial of your Claim. Claimants will not pay anything for the inspections.

    Timing of Remedy: After the Effective Date of this Agreement, Claim payments shall be made through Epiq within twenty days of final determination. Repairs and sash replacement shall be performed pursuant to the timing and schedule set forth in the Settlement Agreement.

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  18. What am I giving up to get Settlement Benefits?

    If the Settlement becomes final, Settlement Class Members who submit a Claim or do nothing at all will be releasing MIWD from all of the Released Claims identified in Section A, Paragraph 64 of the Settlement Agreement. This means you will no longer be able to sue MIWD regarding any of the Claims described in the Settlement Agreement. You will be able to file a Claim for Settlement benefits or a future warranty Claim as provided for in the Settlement Agreement.

    The Settlement Agreement provides detail (in Sections K and L) regarding the release and describes the released Claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firms representing you (see FAQ 22) for free, or you can, at your own expense, talk to your own lawyer if you have any questions about the released Claims or what they mean.

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  19. If I exclude myself, can I get anything from this Settlement?

    No, you may not exclude yourself from (or opt out of) the settlement as the deadline to do so was May 28, 2015.

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  20. If I do not exclude myself, can I sue later?

    If you did not exclude yourself (or opt out), you may not sue later.

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  21. How do I get out of the Settlement?

    No, you may not exclude yourself from (or opt out of) the settlement as the deadline to do so was May 28, 2015.

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  22. Do I have a lawyer in the case?

    If you did not exclude yourself from (or opt out of) the settlement class, you have a lawyer in the case.

    Homeowner class members are represented by:
    Daniel K. Bryson of Whitfield Bryson & Mason, as Lead Counsel
    Justin O. Lucey of Justin O’Toole Lucey as Liaison Counsel

    Contractor/construction class members are represented by:
    H. Blair Hahn of Richardson Patrick Westbrook & Brickman as Lead Counsel
    Walter H. Bundy of Smith Bundy Bybee & Barnett as Contractor Class Counsel
    Katie McElveen of Richardson Patrick Westbrook & Brickman as Liaison Counsel

    Class members will not be charged for the services of class counsel. If you want to remain a settlement class member but do not want to be represented by class counsel, you may hire your own attorney to represent you at your own expense.

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  23. How will the administrative costs and attorneys’ fees be paid?

    MIWD has agreed to pay the costs of the Notice and Claims administration and of distributing any payments owed to Settlement Class Members pursuant to the Settlement. If the Settlement is approved by the Court, Class Counsel will apply to the Court for reasonable attorneys’ fees and expenses of no more than nine million forty-five thousand dollars ($9,045,000) to be awarded by the Court and paid by MIWD (details regarding the separate petitions by Homeowner Class Counsel and Contractor/Construction Class Counsel may be found in the Settlement Agreement). The Named Plaintiffs will apply to the Court for an incentive award to be paid by MIWD. Class Counsel has recommended a service fee of $5,000 (Five Thousand Dollars) per current Named Homeowner Plaintiff (one fee per house for Named Homeowner Plaintiffs) and Named Contractor/Construction Plaintiff. The Court will determine the amount of the incentive award to be paid. Settlement Class Members will not be responsible for the fees and expenses of Class Counsel, and the payment of attorneys’ fees and expenses will not reduce the benefits to Settlement Class Members.

    MIWD will not be responsible for any cost that may be incurred by, on behalf of, or at the direction of the Settlement Class Members, their counsel, or Class Counsel in (a) responding to inquires about the Settlement, the Agreement, or the lawsuit; (b) defending the Agreement or the Settlement against any challenge to it; (c) defending against any challenge to any order or judgment entered pursuant to the Settlement or the Agreement; or (d) completing the Claims Process.

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  24. How do I tell the Court if I do not like the Settlement?

    You may not object to (or tell the court you do not like) the settlement as the deadline to do so was June 1, 2015.

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  25. What is the difference between objecting and asking to be excluded?

    Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you cannot object to the Settlement and you will not be eligible to apply for any benefits under the Settlement because the case no longer affects you.

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  26. When and where will the Court decide whether to approve the Settlement?

    On June 30, 2015, at 10:00 a.m., the Court held a public hearing in Courtroom II of the U.S. District Court for the District of South Carolina located at the Hollings Judicial Law Center, 83 Meeting Street, Charleston, South Carolina 29401, to determine whether the settlement is fair, adequate, and reasonable, and should be finally approved. On July 22, 2015, the court issued an order approving the settlement.

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  27. How do I get more information?

    This website summarizes the proposed Settlement. More details are in the Settlement Agreement. You may also write with questions to the MI Windows Settlement Administrator, PO Box 3230, Portland, OR 97208-3230 or send an e-mail to info@miwdtapeglazedwindowsettlement.com. You can file a Claim, download a paper Claim Form, or request a Claim package be mailed to you all on this website. You can also have a Claim Form mailed to you by calling 1-888-668-8198. If you wish to communicate directly with Class Counsel, you may contact them by e-mail at:

    Homeowner’s Class Counsel:
    dan@wbmllp.com
    jlucey@lucey-law.com

    Contractor/Construction Class Counsel:
    bhahn@rpwb.com
    whbesq@s3blaw.com

    You may also seek advice and guidance from your own private attorney at your own expense.

    PLEASE DO NOT WRITE OR TELEPHONE THE COURT, MIWD OR ANY MIWD WINDOW DEALER OR AGENT FOR INFORMATION ABOUT THE CLASS SETTLEMENT OR THIS LAWSUIT.

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