West Coast Casualty Conference Ripe with SB 800 Analysis

constructiondefect

This years West Coast Casualty Conference was well attended.  Much valuable information was shared, not the least of which is that both sides in the construction defect arena believe that there will be more arbitration and less litigation in our future. Continue reading

The Triple Crown of Construction Defect Reform – The Pinnacle Decision

constructiondefectThe California Supreme Court recently held in the Pinnacle Museum Tower Association vs. Pinnacle Market Development decision that a binding arbitration provision contained in an HOA’s CC&R’s is a reasonable contractual provision. Arbitration is now legal between an HOA and its developer. Continue reading

Arbitration Decision Coming Soon

Pinnacle Museum Tower

On Tuesday, May 29, 2012, the California Supreme Court heard arguments from both sides in Pinnacle Museum Tower Association v. Pinnacle Market Development, in which the Court will decide whether a homeowners association is bound by an arbitration provision contained in its declaration of restrictions (“CC&Rs”). Continue reading