My particular case is now completely over. Unbelievably, despite a preponderence of evidence in my favor and countless blatant lies under oath on the record by my opponent (previous employer) and his team, the arbitrator took his word over mine and decided against me. I wouldn’t have believed such a thing could happen unless I lived through it personally. The JAMS arbitrator, Stephen Haberfeld, didn’t just decide that I shouldn’t get the money that was owed me, but walloped me with my previous employer’s mid-six-figure attorney bill. I was professionally and financially ruined and have no recourse due to the lack of a viable appeal process. That’s why I now feel compelled to spread the word and be a catalyst for positive change.

Yes, the builders representatives lied many times; they acted like that was the first time they had ever heard of the defects. We had many meetings prior to filing arbitration. You would think that while the “covered defects” are right there in black and white they would have been awarded. Not so much. I find a couple things interesting about the whole arbitration besides the fact that it was a joke. We paid for a method of repair decision also, we had to get estimates and the builder had to submit estimates with method and cost. I have method and repair from my choice of contractors x2 cost $49,000 for the 39 items. The builder submitted prices but no method for $1400. Three of my contractors methods were accepted, while the other 36 went to the builder with no method. When this was brought to the arbitration companies attention I was told I could give them more money and they would explain. Screw them I paid for the service once, why should I have to pay for it another time. One would think one would get what they pay for. Oh wait if that were the case we would not be in these crappy houses. The other thing is the arbitrator says the builder must have backed out. Technically in order to do that he would have had to put it in writing, which I should have received a copy of. There is nothing in writing stating they backed out of there agreement. If I had the money I would sue the builder, the warranty company, and the arbitration company. Of course I don’t have thousands of dollars laying around. I am having a sign made that says “STOP before YOU BUY ask me about my WARDLAW home and their “CUSTOMER SERVICE” then my phone number. I am sure I am going to get sued a week after I put it out. That will at least get my case in court. I will have to prove my defects in order to get myself out of a liable suit. I am afraid since I live in Savannah, Ga in the middle of a good ol boy system. I might lose the liable suit if it happened.
Thank you for your reply. Sorry mine are so long, I am just so frustrated, people with no house issues don’t understand my anger. Good luck to you. Where are you in your process?

That sounds like a horrendous experience…and such a joke. It defies logic to me that you would have to pay additional money to have a complete and accurate explanation of an arbitrator’s ruling. It seems to me that this should just be part of the process.

It also sounds to me like you had a lazy arbitrator – something to which I can personally relate. I can’t imagine any reason for him to “eyeball” anything regardless of his experience. His job is to find fact – not to estimate it.

And the fact that your builder freely admitted to a large portion of these defects and his responsibility to address them and then refusing his own statement later on underscores for me the fact that litigants can say anything and everything they want in front of the arbitrator in order to win favor with ZERO repurcussions down the road. In my own case, my opponent and his employees literally blatantly lied on record – including changing testimony IN FRONT OF THE ARBITRATOR – with ZERO repurcussions and ultimately won the case. Arbitration is truly a kangaroo court.