Litigation & Arbitration,
Construction,
Civil Rights,
California Courts of Appeal
Aug. 31, 2018
A curious case of construction defects and unwaivable rights
Disappointingly, the 4th District Court of Appeal affirmed a trial court confirmation of an arbitration award that took away a homeowners association’s right to seek relief for construction defects against the developer.
Timothy D. Reuben
Reuben MediationTim Reuben spent more than 40 years handling complex legal disputes in California's state and federal courts. As the founder and managing partner of Reuben Raucher & Blum in Los Angeles, he has worked on a wide range of matters through jury and bench trials, arbitration, mediation, judicial reference, and settlement conferences across multiple areas of civil law, including commercial, real estate, construction, employment, intellectual property, insurance, professional liability, and unfair competition.
Disappointingly, the 4th District Court of Appeal affirmed a trial court confirmation of an arbitration award that took away a homeowners association's right to seek relief for construction defects against the developer. Branches Neighborhood Corporation v. Calatlantic Group, Inc., 2018 DJDAR 8640 (Aug. 10, 2018). Justice Eileen Moore, joined by Justices Kathleen O'Leary and Richard Fybel, let stand a ruling that the HOA lost its right to s...
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