HBW_307_090114
7
SECTION VI.
ARBITRATION OF DISPUTES.*
To expedite the resolution of any and all claims, disputes and controversies by or between the Homeowner, the Builder/
Seller, 2-10 HBW, as administrator, the Warranty Insurer or any combination of the foregoing, arising from or related to
this Warranty, the Warranty Insurance Policy or the 2-10 HBW Program, Claims shall be settled by binding arbitration.
Agreeing to arbitration means You are waiving Your right to a jury trial, class action or consolidation.
Any party shall be entitled to recover reasonable attorney’s fees and costs incurred in enforcing this arbitration
agreement. The decision of the arbitrator shall be final and binding and may be entered as a judgment in any State or
Federal court of competent jurisdiction.
A. Selecting an Arbitration Service.
The arbitration shall be conducted by DeMars & Associates, Ltd. or by Construction Dispute Resolution Services, LLC, or
by any mutually agreeable arbitration services, pursuant to the applicable rules in effect at the time of the arbitration.
The choice of the arbitration service shall be that of the Homeowner, or if the Homeowner is not involved, the party who
initiates the arbitration shall choose the arbitration service. No arbitration proceeding shall involve more than one single-
family detached dwelling or more than one Multi-Family Building. Whenever possible, the arbitration shall be held in
the Home. The arbitrator shall render an award in accordance with the substantive law in the state in which the Home is
located. The decision of the arbitrator shall be final and binding and may be entered as a judgment in any State or Federal
court of competent jurisdiction.
B. Disputes Concerning the Application of this Arbitration Agreement.
The parties expressly agree that this arbitration agreement involves and concerns interstate commerce and interpretation
of this arbitration agreement shall be governed by the Federal Arbitration Act (9 U.S.C. § 1, et seq.) (“FAA”), to the
exclusion of any different or inconsistent state or local law, ordinance or judicial rule. This arbitration agreement is a
self-executing arbitration agreement. Any disputes concerning the interpretation or enforceability of this arbitration
agreement, including without limitation, its revocability or voidability for any cause, the scope of arbitrable issues, and any
defense based upon waiver, estoppel or laches, shall be decided by the arbitrator.
C. Cost of Arbitration.
All administrative fees of the arbitration service and fees of the arbitrator shall be allocated to the parties as provided in the
rules of the arbitration service, subject to the discretion of the arbitrator to reallocate such fees in the interests of justice.
D. For Warranties Issued In California:
For 2-10 HBW warranties issued on Homes located within the State of
California, the arbitration provisions are amended as follows. The FAA shall govern the enforceability of this arbitration
agreement, to the exclusion of any state law (statutory or judicial). Arbitration shall not be to stayed or denied
enforcement pursuant to California Code of Civil Procedure § 1281.2(c). An arbitration service or arbitrator conducting
an arbitration must satisfy the disclosure requirements mandated under the California Arbitration Act. The arbitrator
shall not have the power to commit errors of law or legal reasoning. California procedural and substantive laws and
the California Arbitration Act relating to the process of modifying, confirming, or vacating an arbitration award shall be
the governing law with respect to the finality of any resulting arbitration award. Any award pursuant to this arbitration
agreement will be subject to judicial vacatur if the award manifests legal errors. The arbitrator shall prepare in writing
and provide to the parties an award including factual findings and the reasons on which his decision is based. A party may
apply to such court for an order confirming, modifying or vacating the award, and upon the court’s review of (a) whether
the findings of fact rendered by the arbitrator are supported by substantial evidence and (b) whether, as a matter of law
based on such findings of fact, a judgment shall be entered in favor of either party consistent with such review.
E. For Warranties Issued In NEVADA:
The Federal Arbitration Act (9 U.S.C. §§ 1-16) shall govern the enforceability
of this arbitration agreement, to the exclusion of any state law (statutory or judicial). An arbitration service or arbitrator
conducting an arbitration must satisfy the disclosure requirements mandated under the Nevada Uniform Arbitration Act.
The arbitrator shall not have the power to commit errors of law or legal reasoning. Nevada procedural and substantive
laws and the Nevada Uniform arbitration Act relating to the process of modifying, confirming, or vacating an arbitration
award shall be the governing law with respect to the finality of any resulting arbitration award. Any award pursuant to this
arbitration agreement will be subject to vacated or modified pursuant to NRS Section 38.241 and 38.242. The arbitrator
