California Appellate Courts Continue to Limit Alternative Dispute Resolution for Developers

Within the past month, two cases decided by the California Appellate Court have ruled against arbitration and judicial reference provisions in home builder sales documents. The two cases were decided based on different legal reasoning, but each potentially have the end effect of limiting the ability of builders to require homeowners' associations and home buyers to waive their rights to a trial by jury in construction defect claims.

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Published In: Alternative Dispute Resolution (ADR) Updates, Construction Updates, Residential Real Estate Updates, Zoning, Planning & Land Use Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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