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Arbitration has the following advantages.
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Less expensive than court: Arbitration is not cheap,
but its much less than court
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Can not be appealed: There is not appeal process for
arbitration. This can be good. In most court cases builders will appeal
the verdict delaying getting the repairs done.
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Arbitrations can be done without an attorney:
Although not advisable, I did mine without an attorney.
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Not under State or Federal Law: This can be
an advantage or disadvantage, however in most cases its more of an
advantage. Arbitrations will ignore the legal loopholes such
as "Statues of limitations", however they may ignore some
code violations if they are not currently causing a problem. Since I
tried to work with my builder for almost 4 years on the foundation
drain, I had passed the statue of limitation.
Arbitration has the following disadvantages.
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Arbitrations only award repair cost: Seldom does an
arbitration award attorney fees let alone punitive damages.
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Arbitrations are more expensive than small claims
court: If I didn't have the arbitration clause I would have take the
builder to small clains court for a foundation drain and curtain drain.
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