Re: construction Arbitration Services
Posted by Homeowner on 11/20/06
On 4/25/06, house owner wrote: > I had 2-10 HBW as a home warranty that my builder used. CAS > was named in the policy book as who would do arbitration. I > was able to avoid arbitration without having to get into the > argument about whether i was bound by the clause, since I > didn't buy the policy myself, the builder did. The way i > got out of it was the Code of Federal Regulations, title 24, > section 203.204g. I got this information from > http://www.hadd.com a home owners adcocacy organization. > > Considering how this company (HBW) tried to deny and delay > my claim, I have no doubt that their arbitration process > would've been very unfair. Because I did get out of their > arbitration, I was able to settle with the builder. I have > since read of other people who weren't so fortunate, who had > to arbitrate with CAS. > > It is true that CAS is owned by Marshall Lippman, a > disbarred attorney. I checked out those claims with bar > associations, I believe it was both DC and NY, and it is > there. Also, Lippman has been listed as an agent/owner of > CAS all along on the TX state site that has a way to > research corporations. Now they have moved to Michigan. > > Lester Wolff was involved with HOW, an old warranty co set > up by I believe the Nat. Assoc. of Home Builders. That > organization (HOW) was investigated in I think the 90's, for > it was also biased. IMO all these home warranty companies > are protecting builders, not home owners. They offer a home > buyer a sense that they have a real warranty backed by > insurance, but all they really do is make your claim more > complicated, and potentially allow a builder off the hook. > > On 10/15/05, Mark Barmak wrote: >> Looking for infromation. Having big problems. Happy to >> discuss. Looking for help in deciding how to proceed. >> Willing to describe more if there is any followup. >> >> Does anyone know Marilyn >> Does anyone know Cardell Wade At Construction Arbitration >> Services or Debra Lech or Lester Wolff >> Pleaase respond as soon as possible I am wondering how you were able to get out from arbitration base on Code of Federal Regulations, title 24, section 203.204g I don't see anything in this section. Can you explain? Below is the section you mentioned (g) In the event of any dispute regarding a homeowner complaint or structural defect claim, Plans must, unless prohibited by applicable law, provide for binding arbitration proceedings arranged through a nationally recognized dispute settlement organization. The sharing of arbitration charges shall be as determined by the Plan. A Plan must contain pre-arbitration conciliation provisions at no cost to the homeowner, and provision for judicial resolution of disputes, but arbitration, which must be available to a homeowner during the entire term of the coverage contract, must be an assured recourse for a dissatisfied homeowner.
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