Leaks prompt civil suit against window company

By Terri Moon Cronk
News-Press Staff Writer

When a group of Douglas County homeowners discovered their windows and doors, once touted to be watertight and “of the highest quality,” actually leaked, developed mold and wouldn’t even work, they got together and took action.

The homeowners’ civil suit against Oldach Window Corp., et al, is expected to lead to a class-action suit in district court.

Court records show that some 2,000 Douglas County residents- mostly in Highlands Ranch- have Oldach products in their homes. Developers of Falcon and Sheffield homes both used Oldach windows “extensively,” said plaintiffs’ attorney Scott Sullan .

Defense attorneys expect that the suit against Oldach affects 10,000 homeowners from around the state. “We’ve been contacted by many groups,” Sullan said.

The complaint cites such damage from Oldach doors and windows as leaks, frost, fog, mold- and that they become “inoperable” and allow “outside elements” to enter the homes, furthering the damage.

Sullan said most Oldach windows and doors were used in new construction, about 99.9 percent. If the case is certified as class action, any homeowner who had Oldach products from Jan. 1, 1991, can join the suit.

Both sides now await the judge’s decision on a motion for change of venue, filed by defense attorney Charles R. Ledbetter of Denver. Oldach wants the jury trial moved to El Paso County, where the company reportedly once was headquartered. There are no cases against Oldach in El Paso County.

The plaintiff’s attorneys say Douglas County is the appropriate venue because a bulk of the damage took place here.

Allegations against Oldach by the plaintiffs include fraudulent and/or misleading advertising, making uniform misrepresentations, failing to disclose, intentionally and/or negligently suppressing and concealing material information, breaching warranties and deceiving, misleading plaintiffs intentionally and/or negligently.