Resolving Construction Defect Cases: Are Arbitration Provisions in CC&R's Enforceable?
In construction defect cases there is often a dispute within the dispute: should the case be prosecuted in a court of law or proceed under the terms and conditions of an arbitration provision? There are rational reasons for selecting arbitration over a court or jury trial. Many believe that arbitrations are more cost effective than jury trials, for example. However, parties who arbitrate their disputes give up the constitutional right to a jury trial and their appellate rights are generally restricted, among other things.READ THE REST OF THIS BLOG BY CLICKING HERE
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