Guest guest Posted December 10, 2005 Report Share Posted December 10, 2005 Saturday, December 10, 2005 Beware Arbitration Clause [Regarding the Dec. 4, 6 and 7 articles on the Construction Contractors Board,] I've attended each of the Construction Claims Task Force meetings, including the Dec. 2 meeting at which the Contractors Board presented. By its own statistics, of the 2,202 complaints the board received in fiscal 2005, it did not address 704 because of " lack of jurisdiction. " That's one third. The board minutes for Sept. 27 note that " more and more contractors are circumventing the CCB dispute resolution section system by putting an arbitration clause in their contracts. " The CCB has neither jurisdiction nor the ability to track and report on a builder's poor record where binding-arbitration clauses exist. Furthermore, binding arbitration means that consumers have no access to either a jury or the CCB bond. The CCB Web site should report which builders have it in their contracts, what arbitrator they use, and a strong warning about what that means -- which is that the only person who can hold this builder accountable is probably his golfing buddy. RENEE HAYNES Oregon Representative, Homeowners Against Deficient Dwellings, Inc. _www.HADD.com_ (http://www.HADD.com) Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 10, 2005 Report Share Posted December 10, 2005 If I can be of any assistance on this issue, feel free to contact me. I worked for the American Arbitration Association for 5 years and I have an MS in Conflict Analysis and Resolution, so I have some experience with the field, although primarily with labor arbitration and mediation. -Haley snk1955@... wrote: Saturday, December 10, 2005 Beware Arbitration Clause [Regarding the Dec. 4, 6 and 7 articles on the Construction Contractors Board,] I've attended each of the Construction Claims Task Force meetings, including the Dec. 2 meeting at which the Contractors Board presented. By its own statistics, of the 2,202 complaints the board received in fiscal 2005, it did not address 704 because of " lack of jurisdiction. " That's one third. The board minutes for Sept. 27 note that " more and more contractors are circumventing the CCB dispute resolution section system by putting an arbitration clause in their contracts. " The CCB has neither jurisdiction nor the ability to track and report on a builder's poor record where binding-arbitration clauses exist. Furthermore, binding arbitration means that consumers have no access to either a jury or the CCB bond. The CCB Web site should report which builders have it in their contracts, what arbitrator they use, and a strong warning about what that means -- which is that the only person who can hold this builder accountable is probably his golfing buddy. RENEE HAYNES Oregon Representative, Homeowners Against Deficient Dwellings, Inc. _www.HADD.com_ (http://www.HADD.com) Quote Link to comment Share on other sites More sharing options...
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