Developer's Dispute Resolution Procedures Are Unlawful and Unenforceable, Plaintiffs Allege

VISALIA, Calif. - Plaintiffs who sued developer Centex Homes for construction defects that have allegedly resulted in water intrusion, mold and insect infestations in their homes are awaiting the court's decision on arguments that dispute resolution procedures included in their purchase contracts are unlawful and unenforceable. Brown v. Centex - Heritage Park, No. 01-196661 (Calif. Super. Ct., Tulare Cty.).

According to plaintiffs' attorney Douglas W. Grinnell of The Grinnell Law Firm in San Diego, Calif., no decision has yet been handed down after the Jan. 2 hearing on the defendants' motion for an order compelling contractually mandated alternative dispute resolution …