Perspective
Mar. 1, 2011
Construction Defect Claims and Alternative Dispute Resolution: Be Careful How You Draft!
Key lessons to learn when including alternative dispute resolution procedures in sales contracts. By Barbara Reeves Neal of JAMS.
A California appellate court has just issued a clear message to home builders and their lawyers: when you include alternative dispute resolution procedures in your sales contracts, draft carefully and be sure your procedures are fair and enforceable. Otherwise you run the risk that not only will a court strike down your contractual ADR procedures, but you will also find yourself frozen out of the statutory prelitigation procedures that requ...
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