Re: construction Arbitration Services

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On 11/20/06, Homeowner wrote:
> 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.