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I am in the process of starting arbitration against my builder. Now they want to revisit the home to check findings of a report.I am in the process of starting arbitration against my builder. Now they want to revisit the home to check findings of a report done by an independent structual engineer. They say it is by their right according to warranty argeement but it has been 2 years since they really wanted to look at anything. should they be allowed back in my home. What is they need to look at now whats the real angle? I have put my money in for arbitration but haven't been assigned a date yet. What should I do. Do they have a legal right to do this or are they blowing some more smoke. Attorney answers (1)
Reputation Level 14
Answered over 2 years ago.
Real Estate Attorney in Atlanta, GA.
If you have initiated arbitration, the builder can request inspection rights (and inspection rights for his experts) through the arbitrator. Instruct the builder to conduct his discover formally through the inspection process afforded by the arbitration.
The warranty may indeed provide him inspection rights but you presently are in "litigation" (of sorts) and I would politely ask the builder to contact the arbitrator to schedule such inspection. Nothing in this posting on www.avvo.com may be deemed to create an attorney client relationship and the particulars of any case should not be discussed in a public forum. If you have specific legal questions you should contact an attorney of your choosing and enter into a formal attorney client relationship. This attorney is licensed in Georgia only.
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