State Supreme Court Vacates Arbitration Order in Homeowner's Mold Dispute with Builder
July 24, 2002
DOCUMENTS
- Defendants’ Motion Exhibits
- Defendants’ Motion to Compel Arbitration
- Defendants’ Reply Exhibits (including the Burches’ Jan. 6, 1999, letter)
- Defendants’ Reply to Plaintiffs’ Opposition to Defendants’ Motion to Compel Arbitration
- Opinion
- Plaintiffs’ Complaint
- Plaintiffs’ Opposition to Defendants’ Motion to Compel Arbitration
- Plaintiffs'' Opposition Exhibits
CARSON CITY, Nev. - On July 17, the Supreme Court of Nevada ruled that a district court must vacate its order to compel arbitration in a homeowners' dispute with their home builder concerning construction defects, water intrusion and mold infestation. Burch v. Dist. Ct., No. 38283 (Nev. Sup. Ct.).
The Supreme Court granted the plaintiffs' writ of mandamus challenging the district court's order to compel arbitration pursuant to a warranty agreement, stating that the district court should not have compelled arbitration under the "unenforceable clause."
According to plaintiffs' attorney Robert C. Maddox of Robert C. Maddox & Associates in Reno, …
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