Common use of Binding Arbitration Procedure Clause in Contracts

Binding Arbitration Procedure. Following commencement of the WARRANTY PERIOD, any claim, controversy or dispute (hereafter collectively referred to as “dispute”) between YOU and US, or parties acting on YOUR or OUR behalf, including PWC, and any successor, or assign of either YOU or US, which relates to or arises from this LIMITED WARRANTY, or the design or construction of the HOME or the COMMON ELEMENTS, or the sale of the HOME or transfer of title to the COMMON ELEMENTS, will be resolved solely by binding arbitration and not through litigation in court before a judge or jury. This agreement to arbitrate is intended to inure to the benefit of, and be enforceable by, OUR contractor, subcontractors, agents, vendors, suppliers, design professionals, materialmen, and any of OUR direct or indirect subsidiaries or related entities alleged to be responsible for any CONSTRUCTION DEFECT. Disputes subject to binding arbitration include, but are not limited to: A. Any disagreement that a condition in the HOME or the COMMON ELEMENTS is a B. Any disagreement as to the method or scope of repair required to correct a CONSTRUCTION DEFECT or whether a CONSTRUCTION DEFECT has been corrected in compliance with this LIMITED WARRANTY; C. Any alleged breach of this LIMITED WARRANTY; D. Any alleged violation of consumer protection, unfair trade practice, or any other statute; E. Any allegation of negligence, strict liability, fraud, and/or breach of duty of good faith, and any other claims arising in equity or from common law; F. Any dispute concerning the interpretation of this arbitration provision or the arbitrability of any issue; G. Any dispute concerning the timeliness of OUR performance and/or YOUR notifications under this LIMITED WARRANTY; H. Any dispute as to the payment or reimbursement of the arbitration filing fee; I. Any dispute as to whether this LIMITED WARRANTY, or any provision hereof, including, but not limited to, this arbitration clause and any waiver hereunder, is enforceable; J. Any other claim arising out of or relating to the sale, design or construction of YOUR HOME or the COMMON ELEMENTS, including, but not limited to any claim arising out of, relating to or based on any implied warranty or claim for negligence or strict liability not effectively waived by this LIMITED WARRANTY. The arbitration shall be conducted by ▇▇▇▇▇▇ and Associates, Ltd. (▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇) pursuant to its Construction Arbitration Program (“CAP”), or by such other neutral, independent arbitration service that PWC shall appoint. If YOU object to the arbitration service appointed by PWC, YOU must so inform PWC, in writing, within ten (10) days of YOUR receipt of PWC’s written notice informing YOU of the appointed arbitration service. PWC will then appoint an alternative neutral arbitration service provider. If YOU object to this alternative provider and if YOU and WE are unable to agree on another alternative, then either party may, pursuant to the applicable provisions of the Federal Arbitration Act (9 U.S.C.§ 1, et seq.), apply to a court of competent jurisdiction to designate an arbitration service provider, which designation shall be binding upon the parties. Selection of the arbitrator shall be the responsibility of the appointed arbitration service. The rules and procedures of the arbitration service, including its rules and procedures pertaining to its selection of the arbitrator who will conduct the arbitration, that are in effect at the time the request for arbitration is submitted will be followed unless the parties expressly agree otherwise. PWC will obtain and provide to YOU and US, upon request, the rules and procedures of the arbitration organization appointed to administer the arbitration. The arbitration service finally appointed or designated as aforesaid shall administer the arbitration of any and all disputes required to be joined under the law. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by and interpreted under the Federal Arbitration Act now in effect and as it may be hereafter amended (the “FAA”) to the exclusion of any inconsistent state law, regulation or judicial decision. The award of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own attorney’s fees and costs (including expert’s costs) for the arbitration. If YOU initiate the arbitration request, the arbitration filing fee and other fees charged by the arbitration service shall be divided and paid equally by YOU and US, unless YOU and WE have otherwise agreed in writing to a different allocation. If WE initiate the request for arbitration, WE shall pay the entire arbitration filing fee as well as all other fees charged by the arbitration service. As part of any arbitration award, the arbitrator may, at his/her discretion, direct that WE reimburse YOU some or all of the arbitration filing fee and other arbitration fees YOU paid to the arbitration service, but under no circumstances shall YOU be required to reimburse US any portion of the arbitration filing fee and other arbitration fees WE paid. Arbitration filing fees and other arbitration fees vary among arbitration service providers. Before submitting a Binding Arbitration Request Form, YOU may contact PWC to obtain information on the fees charged by the appointed arbitration service provider. The arbitration service’s filing fee and other arbitration fees in effect at the time arbitration is requested shall apply. The process for initiating arbitration is described below.