Re: construction Arbitration Services

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On 6/28/06, China Doll wrote:
> Yes, the rules are set up to favor the companies they do the
> arbitration for, and the only way I know of personally to get out
> of their arbitration clause is if your mortgage is VA or FHA:
> http://www.ftc.gov/bcp/conline/pubs/homes/homewarranty.htm
> Otherwise you are presented with proving an almost insurmountable
> hurdle of severe bias or other violations. If THEY refuse to
> arbitrate they may be waiving THEIR right to later compel
> arbitration though. This case was not a builder case but might be
> helpful:
>
> From ADRWorld.com: http://www.adrworld.com
>
> "(12.12.2005) A federal appeals court last week dealt a blow to
> companies that require employees to arbitrate disputes when it
> ruled that they cannot initially refuse to participate in the
> process and expect to compel arbitration later.
> Ruling against a major retailer, the U.S. Court of Appeals for the
> Ninth Circuit said the case "displays a dark side of our nation's
> policy in favor of arbitration" in highlighting the fact that an
> arbitration provider cannot enter a default judgment against a
> party that refuses to participate in arbitration proceedings.
> "We have the occasion to make clear that when an employer enters
> into an agreement requiring its employees to arbitrate, it must
> participate in the process or lose its right to arbitrate," the
> Ninth Circuit said in its Dec. 6 ruling in Brown v. Dillard's,
> Inc. (No. 03-56719)."
>
>
> On 6/23/06, YOU KNOW ME! wrote:
>> Here's my response... CAS DRAGGED me and my family through the
>> tortures of an almost 3 year arbitration process, that should
>> have taken 1 month OR LESS. CAS IS TOTAL BS in MY OPINION! Make
>> sure you read their "RULE" book because if the builder decides
>> to change an arbitration date and the builder doesn't pay the
>> $100.00 change fee then youR case is CLOSED!!!! AND CAS SAYS
>> THAT IS FAIR!!!!! CAS YOU ARE A LOAD OF .... BY THE WAY IF YOU
>> TRY TO TAKE THEM TO COURT, THEY ARE IMMUNE... THEY HAVE THIS SO
>> PERFECTLY SET UP!!!! BUT THIS BS WON'T LAST FOR LONG....IT WILL
>> CATCH UP TO YOU SOMEDAY!
>>
>> There may be two avenues to consider: McMullen v. Meijer ...
www.adrinstitute.org/edit/2006/February/021606McMullenv.Meijer.htm.

Also Magnuson-Moss Warranty Act! Contact FTC to file COMPLAINT: 877
382 4357 or go to: www.FTC.org.

Wake up America...tell everyone you know NOT to accept any Home
Warranty with Binding Arbitration. Of cource, your builder will not
tell you disputes require Binding Arbitration...only shoddy builders
who build to MINIMUM standards offer them...! These warranties are
usually presented as a "GIFT" from your builder! NEVER accept a 2-
10 HOME BUYERS WARRANTY!!

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>> On 5/18/06, Construction Arbitration Services wrote:
>>> For the accurate "facts" regarding Construction Arbitration
>>> Services, please see the Press Release posted on
>> http://www.cas-
>>> usa.org then use the link for the "Press Room".
>>>
>>> If you have additional questions, please contact (866) 727-
>> 8119
>>> x. 113.
>>>
>>> Construction Arbitration Services
>>>
>>>
>>> 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