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Title: Arbitration and Engineers Post by: KatyHomeOwner on July 20, 2008, 04:23:16 pm Does binding arbitration include the engineer company that designs and inspects the foundation before its poured?
Title: Re: Arbitration and Engineers Post by: Susan Sabin on July 25, 2008, 08:07:04 am I can only speak to my experiences. Unless you signed a written agreement with the engineering company, the binding arbitration only pertains to the builder.
Title: Re: Arbitration and Engineers Post by: Jane Doe on July 28, 2008, 03:30:05 pm Another way you can be trapped by arbitration is by a 3rd party warranty policy. It's a separate company, and builders buy policies from them. they almost always have an arbitration clause. The homeowner may not see it until after closing yet they are usually enforceable. Some recent decisons saying certain warranty co's arbitration clauses are unconscionable have come out though, particularly against 2-10 HBW (Home Buyers Warranty).
Title: Re: Arbitration and Engineers Post by: KatyHomeOwner on August 09, 2008, 04:22:03 pm Another way you can be trapped by arbitration is by a 3rd party warranty policy. It's a separate company, and builders buy policies from them. they almost always have an arbitration clause. The homeowner may not see it until after closing yet they are usually enforceable. Some recent decisons saying certain warranty co's arbitration clauses are unconscionable have come out though, particularly against 2-10 HBW (Home Buyers Warranty). I contacted the warranty company and they said they do not cover craftsmanship issues. So if I have foundation failure due to poor craftsmanship of the design, pouring, or inproper inspection, then they wouldn't cover it....
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