"Visions Windows"

QUESTION: We purchased a new home from James Scott Custom Builders in Plainfield, Illinois in October 2007 with “Visions” vinyl windows. We noticed water was sitting on the interior window sill directly below the transom ledge between the transoms and the windows on all 13 of our windows during heavy rains. After testing we found out this was caused because there are gaps in the seals between the glass & frame of the transom windows. The builders’ superintendent and the suppliers’ repairman told me that the windows should be removed, re-sealed & re-glazed. The window company came out, put an exterior “cap bead” of sealant around each window & told me they consider this a permanent fix. My concern is that the windows were defective in the manufacturing process and eventually the seal will deteriorate because of Chicago weather & the problem will re-occur.
My questions is - should I pursue a law suit insisting on removing the glass, re-sealing & re-glazing, or believe their claims that the outside seal will last as long as the inside seal?