New Orleans—The Fenestration Manufacturers Association put its own business on hold for an afternoon of its conference to train local building code officials, architects and builders on window- and door-related issues. The group gathered last week to conduct its spring meeting and, in addition to its regularly scheduled business, host the educational seminar for nearly 60 Louisiana building officials.

Among many topics on the agenda, FMA organized a panel of window and door dealers to discuss with attendees what they need and expect from their window suppliers.

Hungry for information on fenestration-related building codes, product selection processes and certification and labeling standards, the building inspectors learned about product features and test methods and observed a demonstration on the proper installation of a window. FMA organizers aimed to present itself as a resource for Gulf Coast building officials, especially as they attempt to enforce codes in hurricane zones. “FMA held its conference in New Orleans at the request of one its long standing dealer members who expressed a need to educate local building officials on energy, structural and installation code issues under the 2006 IRC,” said Freddie Cole of General Aluminum, FMA president. “Being that one of FMA's main missions is education, we took it upon ourselves to fill this need. Several of FMAs key members volunteered their time to prepare and present a four-hour educational session.”

In addition to educating building officials, FMA organized a speaker line-up to educate its own members on topics ranging from field testing of windows and doors to legal issues on the horizon to managing a Hispanic workforce.

Lawyer David Toney addresses FMA attendees at the association’s spring conference, conducted last week in New Orleans.

David Toney, a lawyer specializing in the window and door industry, spoke to attendees about the potential issues manufacturers and dealers can face as unaccredited water intrusion consultants conduct field testing of installed products, many times without notifying the suppliers of the products. “Generally, these disputes start with a builder or a general contractor and a garden hose,” said Toney, a representative of Adams & Reese, a Houston law firm. “Typically, a dealer or distributor has no idea what’s going on.”

Increasingly, manufacturers and dealers are being notified by building owners that their products have leaked following a field test. The problem, Toney said, is these test may have been improperly conducted with the specific goal of identifying units that fail. His advice to manufacturers is to get involved with the process early, even if only to make sure that field tests are being conducted according to industry-accepted standards. “You may not want to but you have to insert yourself in the process,” he said. He also suggested that the best way to avoid lawsuits stemming from field testing failures is to watch bid contracts closely for post-project performance language and provide building owners and builders with written explanations of how products can be expected to perform. “It’s much easier to point to an ‘I told you so’ strategy if you had given them written instructions and explanations,” he told attendees. “Otherwise, we have to rely on proving bad testing methods.”

Toney also warned members that class action lawsuits will become an increasingly powerful enemy to building products makers and suppliers. He pointed out that the lawsuits that used to focus on construction defects are now being replaced with lawsuits claiming overall design defects. “Now these tobacco and breast implant lawyers are getting interested in window and door manufacturers so it’s time to wake up,” he said. “I’m telling you it’s coming. It started out as plain old construction defect suits. Now claims are moving away from performance-based and getting more and more design-based. It should make you manufacturers very nervous.”

The best defense, he said, is a good offense—solid warranty communication and consistent product information and instructions.

The association also hosted a panel of dealers to discuss what they want from their window manufacturers. The group, which included specialty retailers as well as pro dealers, talked about issues relating to product training, delivery times, handling and breakage challenges, service calls and training installers. “A lot of this is common sense but it’s still stuff that’s missing from manufacturers to us,” said Chris Vorderburg with Stock Building Supply.

Vorderburg pointed out that many retailers rely on manufacturers for updated code information and computerized quoting and ordering systems. “We need as much support as possible from you all in terms of training,” he said.

General Aluminum's Freddie Cole moderated another panel discussion on managing Hispanic workers. Overcoming stereotypes and understanding Hispanic cultures is important for manufacturers and dealers, especially those operating in the Gulf Coast region where many laborers seek employment after leaving Latin America. Cole invited Tulane University professor Mauricio Gonzalez to talk about cultural differences that can arise when Hispanic workers join American companies. He offered practical advice for managers: Ask a worker about his educational level, how he learned construction skills and why he came to and how long he plans to stay in this country. These simple questions, Gonzalez noted, can clear the air about how much time an employee might want to invest in a particular employee and understand how much training he might need to be successful.

Gonzalez explained that construction crews in Latin America are often headed up by one team leader, known as el maestro, who is then expected to manage the other members of the crew. This hierarchy may work well among Hispanic workers in America, he said. “The idea is to keep the maestro as the solid cornerstone to keep on training people who are coming and going,” he explained.

The meeting included a presentation by Michael Collins, senior associate with investment company Jordan, Knauff & Co., who spoke about the national and Gulf Coast window and door industry outlook. He pointed out that there is currently a “mismatch” between potential buyers and sellers in the national industry—those who are looking to buy window and door companies are seeking bargains and those who want to sell are holding out for reasonable offers. Still, private equity investors continue to sniff around the building products industries with the confidence that the residential housing and commercial markets will make recoveries. ““The private equity community has about $300 billion to invest,” he said. “They have to get their money out there because they have to make money for their investors. They have to find companies like ours.”

Bruce Peters of WeatherBarriers Unlimited, an installation service provider, was also part of the agenda, giving attendees a run-down on proper flashing techniques.

FMA’s next meeting will be Sept. 9 to Sept. 11 in Marco Island, Fla. For more information on the association, visit www.fmausaonline.com.

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