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Real Estate/Development

Aug. 11, 2010

Mixed Decisions on Construction Defects

Do mandatory arbitration provisions in a residential development's covenants, conditions and restrictions actually constitute a legal agreement with homeowners that bars them from trying to take their construction defect claims to trial?

By Jason W. Armstrong

Daily Journal Staff Writer

Do mandatory arbitration provisions in a residential development's covenants, conditions and restrictions constitute a legal agreement with homeowners that bars them from trying to take their construction-defect claims to trial?

That's a hotly contested dispute that California courts are wrestling with, and one that could ultimately have a big impact on how developers dr...

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