A federal court has narrowed a lawsuit brought by PMC Property Group against Apogee Enterprises and its subsidiaries Wausau Group and Viracon over alleged glass failures at three Philadelphia residential towers: Franklin Tower, Riverwalk Tower I and Riverwalk Tower II.
PMC alleges that Wausau supplied defective window systems containing glass manufactured by Viracon. According to court filings, nickel sulfide (NiS) inclusions within the glass allegedly caused spontaneous breakage after installation. The inclusions can expand when exposed to temperature changes, creating internal stresses that may ultimately cause tempered glass to fracture.
The developer claims failures occurred both inside apartments and on building exteriors, with broken glass allegedly falling onto sidewalks, balconies and other occupied areas. PMC says the incidents have increased since 2024, generating inspection costs, cleanup, replacements, violations and penalties. 
In a late-August ruling, U.S. District Judge Gerald Pappert allowed PMC’s manufacturing-defect claim to proceed. However, Wausau’s express warranty disclaimer defeated PMC’s implied warranty claims for merchantability and fitness. An unjust-enrichment claim against Wausau was also dismissed because a contract existed, while the corresponding claim against Viracon survived.
Source: USGlassMag with additional information added by Glass Balkan
