7.4 Repairs by or Payment From Insurance Company - Waiver or Claims Coverage for construction defects is provided by this warranty and we encourage you to submit construction defect claims to us. This warranty, however, is not a homeowner’s insurance policy, which typically provides coverage for certain property damages and casualty losses. If you receive from an insurance company or any other party payment or repairs relating to or arising from a construction defect, then to the extent permitted by law you hereby waive for yourself and on behalf of anyone acquiring rights through you, including, but not limited to, any insurance company, all subrogation claims and other claims against us for such payments or repairs received by you.
Corporation (“PWSC”). PWSC’s contact information is: Professional Warranty Service Corporation, P.O. Box 800, Annandale, VA 22003-0800 (or 4443 Brookfield Corporate Drive, Suite 300, Chantilly, VA 20151). Confirm the physical address before sending hand-delivered materials by calling 800-850-2799. Mediation is not arbitration. It is simply the process of a third party trying to help other parties resolve a dispute. If PWSC is unable to successfully mediate your warranty request within 45 days after PWSC’s receipt of the mediation request, or at any earlier time that PWSC determines that you and your builder are at an impasse, PWSC will notify you that your warranty request remains unresolved. At any time you may terminate the mediation process. Your election to mediate a dispute regarding your warranty request does not eliminate your obligation to comply with the pre-litigation procedures set forth in California Civil Code Sections 910-928. 8.3 Arbitration If a claim relating to your home or this warranty is not resolved, we believe it is best to have a fair and efficient way to resolve that claim. Accordingly, either party must submit any unresolved claim or dispute concerning your home or this warranty, whether based on statute, in tort, contract, or other applicable law (including, but not limited to, any and all claims, cross or counter claims, defenses, and/or affirmative defenses related to the purchase and sale of your home, disputes regarding whether a defect is covered by this warranty and claims for personal injury), to binding arbitration, except that either party may bring any claim to a small claims court if the claim is within the small claim court’s geographic and monetary jurisdiction. Binding arbitration means that we each give up the right to go to court or jury to assert or defend rights (except for matters that may be taken to small-claims court). That does not mean, however,
SECTION 8: Resolving Disputes * 8.1 Overview
Our preferred method of resolving warranty claims is to address them directly with you. That is why we require the procedure described in section 7. If we, however, are unable to resolve your concerns, you have the option of requesting mediation as provided in section 8.2 below. If you elect not to pursue mediation or if mediation does not resolve the dispute, then the dispute must be resolved by binding arbitration as provided in this section 8. 8.2 Mediation by PWSC If you are not satisfied with our response to your warranty request, you have the option of requesting mediation of your warranty request by providing written notice to Professional Warranty Service
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