Ohio Court Reverses Order Compelling Arbitration With Builder

COLUMBUS, Ohio - An arbitration clause in a home warranty does not extend to mold allegedly caused by problems that are outside the warranty period for non-structural defects, an Ohio appellate court ruled July 31. Scott v. Centex Homes, et al., No. 05 CAE 080056 (Ohio 5th App. Dist. Ct.).

Ohio's Fifth Appellate District Court reversed an order compelling arbitration of negligent design and workmanship claims brought against Centex Homes four years after the home was built.

George and Joan Scott sued Centex in Ohio's Court of Common Pleas in April 2005, complaining that mold problems arose soon after …