Common and/or Legal definition of "casement window"?

Hello, The contract on our house says, "All windows casement except bay flankers". To me, that means every window is a casement window that opens. The builder claims that every window is a casement window, though most of them (curiously, not all) have a fixed section of glass (pane, window, ?) and a casement section.
+-------+-------+ | | | | | | | this | fixed | | opens | | +-------+-------+
Our current house has similar windows and both sides open in every window large enough to be split. I find myself referring to the entire opening as a window, but then referring to the individual sheet of glass as a window as well, so I can see the argument from the builder's perspective while knowing what I intended when we ordered the windows. Can anyone clarify for me?
FWIW: The windows are Andersen and when I look at their web site, they don't even show casement windows with a fixed side!
Thanks!
Randy Hermann rDOThermannATsbcglobalDOTnet
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"All windows casement except bay flankers".

I am just guessing, but in absence of a casement window definition in your contract, he may have you by the short and curlys. I am guessing that any window unit with a casement pane would, in some stretch, qualify as a casement window. Normally you would be provided a model home, or a detailed architectural plan with window spec pages, to get graphic confirmation of what kind of window is going in. Going by words alone is always a risk, in absence of those references.
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snipped-for-privacy@sbcglobal.netspamless says...

What you have are 'single-hung' casements, which means only one sash slides, the other is fixed. You expected 'double-hung', in which both sashes slide. Go to Home Depot and look at the windows they have on display, they have both single and double hung displays featuring the same quality glass. The single-hung units are about 30% cheaper. That said, they also seal better, so unless you really want to open both sides there are some benefits.
DT
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One clarification: I realized I was describing a horizontal slider, not a casement (which swings out), but the general idea is the same. That is more puzzling, though, since like you, I don't recall a casement with one opening sash.
DT
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If there's a set of 3, it's pretty typical the center one is fixed. If there's an attached pair of casements, and one opens and the other is fixed, you have a cheap-o prick of a builder.
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Well, you've hit the nail on the head. Just to let everyone know, the builder is J. R. Homes (John Richards Homes, etc.) out of the Detroit area. It is really amazing to me how eager some people are to screw well-intentioned folks like us. Suppose I should have learned that lesson better in my years. And I should have purchased a book on house building pitfalls. Better savvy next time!
-Randy

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You *Did* say the windows to be installed are Andersen, right?
There are much worse available....no matter what the design.
A good widow should be a good window, regardless of what the design *features* are.
I use to repair windows,...................many years ago. The worse problems are not how they operate usually, but how the double pane glass loses the seal between and "fogs up". Cleaning is usually pretty easy as long as you do it more often than most people do. Three or four times a year is plenty unless there are odd circumstances, or a hostile environment.It seems like that's the major selling point of double casement windows.............cleanability. Other than that I can't see how the single hung ones would be an issue, and does not generally make them worth as much more as they charge for them. As the earlier post mentioned, One piece moving, typically means the window will seal better too.
I do believe that a house is not something to give over to others to define the quality of. It should be satisfactory to the buyer, no matter what the house costs. If you are not satisfied with what they intend to install, I'd suggest, backing out of the deal if you won't lose too much,( if they won't work with you and put in what you want). Be prepared to share the cost of the upgrade though, if you've signed up for this house and are to be held responsible for payment regardless.
I know I'm not speaking from a lot of experience about the purchase contract on the house you seem to be building, but I believe you should shoot for the stars and get it your way, even if you have to come up with some extra monies. It would be a shame to move into a house that you're not satisfied with.
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MUADIB
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Last time I bought casement windows I had the choice of left opening, right opening and fixed. Most windows that I bought were multiple casement units. If there were two casements in a unit I opted for one to open. If there were three or more casements in a unit I opted for the outer windows to open.
To have every window in a multiple window unit is expensive, and an additional source of air and water leaks. You do not need more than two windows that open in a multiple window unit, you have one left opening and one right opening to catch the wind in each direction. The rest would be fixed windows.
One thing with builders (and any custom work) is that EVERYTHING must be specified in detail, whether it is the type and colour of the light switches, model of the toilets and sinks, windows by brand, model and openings, floor covering, tiles --- on and on. Without this, you leave it up to the discretion of the builder who may have different ideas and taste, and you have to take what he gives you whether it is good quality or cheap crap.

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