Arbitration

Mindful of the high cost of litigation, not only in dollars, but also in time and energy, BuildersTrust has selected the “Arbitration Process” as the out-of-court, alternative dispute resolution process to settle any disputes related to the coverage offered by BuildersTrust.

The benefits of the arbitration process are as follows:

• The arbitrator generally has construction knowledge to better understand the specifics of the dispute and what will be necessary to issue a “fair and equitable” award.
• The arbitration process is generally much simpler than using the court system.
• The arbitration process is generally much less expensive than the court system.
• The arbitration process is generally much quicker than using the court system, which is important especially if the residence is under construction and not complete.

THE BUILDERSTRUST ARBITRATION PROCESS

1. Fill out and complete the Demand for Arbitration Form within the one year limit and submit it directly to BuildersTrust by certified mail, return receipt requested to TRAG, Inc., c/o JRSO, Inc. 500 Lake Cook Rd. # 350 Deerfield, IL. 60015 or e mail to arbitration@TRAG-INC.com.
2. If there is another party involved in the dispute other than BuildersTrust, a certified copy of the Demand for Arbitration Form must be sent to that party by certified mail, return receipt requested.
3. BuildersTrust will then attempt to find a fair and equitable resolution to the dispute between the parties through its own internal dispute resolution process.
4. If the efforts of BuildersTrust prove to be unsuccessful, BuildersTrust will notify the parties and the parties will then select an “Approved Arbitration Provider” (provider) from those providers specified by BuildersTrust. If the parties can not mutually agree on the provider, BuildersTrust shall select the provider from the same list of approved providers.
5. All required forms or documents, filing fees and deposits required by the provider to initiate and complete the arbitration process shall be submitted and/or paid by the party initiating the arbitration that submitted the Demand for Arbitration Form and shall be reimbursed to the party if the arbitrator deems it appropriate in the issuance of the arbitration award.
6. The selection of the arbitrator shall be made by mutual agreement of the parties, including BuildersTrust, if applicable, from the arbitration panel that was selected as the provider of arbitration services. If the parties can not agree on an arbitrator, the provider shall select and appoint an arbitrator from their available panel of arbitrators while keeping in mind the issues involved in the dispute, the location of the dispute and the expertise required of the arbitrator.
7. The arbitration shall be conducted by and according to the “Home Warranty Arbitration Rules and Procedures” as specified by the arbitration provider.
8. The arbitration award that is issued by the arbitrator shall be final and binding upon the parties and BuildersTrust, if applicable, and may not be appealed by party or BuildersTrust unless allowed and according to the arbitration statutes and laws in the jurisdiction of the dispute.
9. Please remember that the Demand for Arbitration Form must be submitted to BuildersTrust according to the above specified procedures within one year prior to the one year limit.

BuildersTrust(TM) engages the services of two entities for arbitration:

For job site arbitration: Construction Dispute Resolution Services, LLC

Better Business Bureau

The party (filing for ARB) needs to go to Better Business Bureau, go to Programs & Services, then to Alternative Disputes, where the the rules and forms are available.