Fla. Court Says Homeowners' Building Code Claims Outside Arbitration Clause

TAMPA, Fla. - A Florida appellate court reinstated a construction defect lawsuit against a developer on April 5 after finding that allegations of building code violations were outside the scope of a binding arbitration agreement. Nunez v. Westfield Homes of Florida, Inc., No. 2D05-1089 (Fla. Ct. App., 2nd Dist.).

Two couples sued Westfield Homes of Florida, complaining that Westfield violated building codes in applying exterior stucco to their homes. Julian and Ashley Nunez and Michael and Jean Ann Yatros complained that the stucco is too thin and is susceptible to cracking and leaks.

The plaintiffs also complained that Westfield failed …