I fixed the stutter. there is a thing called 'HPET' in the bios that was turned on.
from what I understand it's a "high precision event timer"
but if you have i5 or i7 or AMD equivalent
or windows 7, 8 or 8.1
you do not need it. cause they use a more efficient albeit less accurate event timer.
after I turned off HPET the stutter in windows was gone
AND games got a healthy boost of FPS.
so thanks everyone for your help. appreciate it.