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Tuesday, September 23, 2008

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Cindy

I am so glad to see this case exposed! I almost got stuck arbitrating with CAS during a construction defect case w/a builder. The clause was in a separate warranty policy that I didn't see until after closing because the builder buys the policy. I was able to get out of arbitration because I found out from a consumer org (hadd.com) in time, that FHA and VA buyers do not have to arbitrate w/warranty co's. They may use the courts, too. By retaining my right to sue, I had leverage that I would not have had with arbitration as my only recourse. That allowed me to hang onto the case and eventually settle and recover my damages. The regulation is in the Code of Federal Regulations, Title 24, Section 203.204(g)and can be found here: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=5c571d2a713abf1744f87b3e3a531944&rgn=div8&view=text&node=24:2.1.1.2.4.1.89.67&idno=24 (24 CFR 203.204(g).) You can also find it on Cornell Law School's site or of course in a law library, etc.

I wish every lawyer that considered taking homeowners' cases knew this regulation. It has now been used in one recent court decision which I will to find a free internet link to and come back and post, (or at least the case name). I can only imagine how many FHA and VA buyers don't have to arbitrate, but end up in it anyway, because so few know about this law.

The National Association of Home Builders has tried to do away with the CFR regulation. Of course if the Arbitration Fairness Act passes, it should all be a moot point.

NAHB to Banking Committee, scroll down to Single Family FHA to read how they courted HUD to remove this protection from mandatory arbitration for govt backed buyers:

http://banking.senate.gov/01_11hrg/112901/curtis.htm

Ehren Bragg

Yet another story of arbitration-gone-wild. I applaud you guys for getting this stuff out there. I can't imagine why there isn't more coverage of these types of travesties by mainstream media. I've reprinted on my blog at www.arbitrationhorrorstories.com - I hope you don't mind.

Mansour Nazer Fassihi

about 8 months ago i experienced a horrer desision by an knokell head Arbitrator named
Palo Flores.
where this arbitrtor unjustley and defenitely wrongfulley awarded an arbitration rulling to an architect who did every thing wrong in to a AIA and later Design Build contract.the property was never purchased,due to financing.the architect knew about the project trying to get financing,in fact it was proven that he was negotiating to get finance for the owner,yet he went aheadd and did the whole 9 yards of architect works without getting aproval from the owner from one fase to the next.
he wrongfulley filled application on behalf of the owner with city of plano Tx
that we own the proplerty.
ha also had hired unlicenced engineers to do civil engineering.
there was conflict of interest proven.
ther was mis representation of work ability proven.
ther was lack of knowledge about design bild proven.
with all that this knokell head Aribitrator gave benefit to
GHADER MIRAK AFSHAR(GMA)Architect.
THE RULLING HAS HAD A RALLEY OF MORE THAN$300,000.00 IN MY LIFE.
SENDING ME TO ALMOST BANKRUPCY.
destroyed my credit life.
and know trying to get jujment,through courts.
need help and advise from any soucr that i can get.
sin your truley
Mansour Nazer Fassihi

there was

Mansour Nazer Fassihi

About 8 months ago I experienced a horrible decision
by a knucklehead arbitrator named Palo Flores, where
this arbitrator unjustly and definitely wrongfully
awarded arbitration ruling to an architect who did
everything wrong in to a AIA and later Design Build
contract. The property was never purchased, due to
financing problems. The architect knew about the
project trying to get financing. In fact, it was
proven that he was negotiating to get finance for the
owner, yet he went ahead and did the whole 9 yards of
architect works without getting approval from the
owner from one phase to the next.
 He wrongfully
filled application on behalf of the owner with city of
Plano, TX, claiming that we own the property.
 He
had also hired unlicensed engineers to do civil
engineering work. There was conflict of interest
proven. 
 There was misrepresentation of
qualifications and ability to the project proven.

There was lack of knowledge about building design and
standards and codes proven.
 With all that, this
knucklehead arbitrator gave benefit to
 GHADER MIRAK
AFSHAR(GMA) Architect.
 THE RULING HAS HAD A RALLY
OF MORE THAN $300,000.00 IN MY LIFE, SENDING ME TO
ALMOST BANKRUPTCY. It destroyed my credit life and now
trying to get justice through courts.
 Greatly
appreciate help and advise from any source that I can
get.

Yours truly,
Mansour Nazer Fassihi

David Szwak, Attorney

The motion for contempt was argued and the trial court requested supplemental briefing, which has been completed and we are awaiting a ruling.

Paul Bland

On September 23, 2008, we posted an entry to CP & L, "Construction Arbitration Services' Arbitrator Allegedly Destroys Evidence, Faces Motion for Contempt," about the alleged destruction of evidence by a Construction Arbitraition Services ("CAS") arbitrator, Ben DeVries. DeVries allegedly destroyed the evidence after being told in writing that the award would be appealed, and after DeVries had promised to safeguard the evidence.

On January 15, 2009, Judge Ford R. Stinson, Jr. of the 26th Judicial District Court, Bossier Parish, Louisiana, held CAS and DeVries in constructive contempt for the "obstruction or interference with the orderly administration of justice." CAS and DeVries were fined $500.

South Carolina DUI Lawyer

Masella Law has helped many Driving While Intoxicated or DUI clients through the years and we can help you with your DUI situation as well.

used digger trucks

look at all the lawyers who jumped all over this post hah

boom trucks

you have to be careful when purchasing a new home or havign one built. Many builder like to cut corners anyway that they can to save them a little money.

Used Bucket Truck

Cutting corners when building a house is never a good thing. You want to build something that will last with good quality equipment.

Bucket Truck

Great Post, Thanks for Sharing

Boom Truck

I think houses should be made with good quality.

Bucket Truck

there should be a more strict law against those who destroy evidence

Sarasota Photography

Great Post, Thank for sharing

tractor rentals

It's so rare to see cases of arbitrator that allegedly destroys evidence. I hope the contempt proceeding will resume on November.

-James

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