8.8 Joinder of Additional Parties to Arbitration We both agree that: (A) Any dispute covered by section 8.3 that involves claims against our officers, directors, agents, employees, representatives and parent, subsidiary, affiliate or successor entities, future acquired entities or affiliated companies, also will be resolved through binding arbitration as set forth herein. This arbitration agreement inures to the benefit of those parties. (B) Either party may join as a party to the arbitration any third party consultant, contractor, subcontractor or supplier (including, but not limited to, any contractor, vendor, engineer, architect or design professional) involved in the dispute. 8.9 Initiating Arbitration Either party may begin the arbitration process by filing a demand for arbitration with the AAA and serving a copy of the demand on the other party. To the extent not inconsistent with the FAA, all of the provisions of this paragraph are subject to the general qualification that California laws, requirements and rules, including, but not limited to, state filing limitations (such as statute of limitations and statutes of repose), may affect how and when arbitration may be initiated and administered. The following is a brief description of the steps to initiate arbitration and the arbitration process: (A) Step 1 - Filing a request. The party initiating arbitration must notify the AAA in writing of the request for arbitration under the terms of this warranty. If we initiate arbitration, we will pay the AAA’s filing fee and any other administrative fee or cost charged by the AAA to initiate the arbitration. If you initiate arbitration, you will pay the lesser of half of those costs and fees or the amount provided by the AAA rules and we will
pay the other half or remainder. Any other costs or fees shall be paid in accordance with the AAA rules. Except as otherwise required by law, your arbitration request must be received by the AAA no later than 90 days after the expiration of the applicable warranty coverage period. Please note this provision does not extend the warranty coverage period. Under no circumstances, however, shall you be required in any consumer arbitration to pay our share of fees and costs (including, but not limited to, the fees and costs of the arbitrator, the provider organization or our attorney or witnesses). (B) Step 2 - Hearing. The arbitration will probably be held at a location agreed to by the parties, usually in the metropolitan area where the home is located. The hearing typically will be scheduled by the arbitrator or the arbitration organization at a time mutually agreeable to all parties. At the hearing, the arbitrator will hear and consider evidence presented by all parties. If a party timely notifies the AAA of a request for a record of the hearing prior to the earlier of the hearing date or the date in the AAA’s rules, if specified, the arbitrator will preserve all evidence presented at the arbitration. Oral evidence will be preserved in a manner that it can be converted into a written transcript. The costs of the record will be paid by the party requesting the record or shared equally among the parties requesting a copy. (C) Step 3 - Award. The arbitrator’s award will decide whether there is a construction defect covered by this warranty and, if requested by a party, the scope and manner of correction. The arbitrator’s award will be based on applicable California law, except to the extent the FAA overrides and preempts California state, local or other law, and will include findings of fact and conclusions of law. If permitted by the AAA rules, either party may request a written explanation of the award. Each party will bear its own attorneys fees and costs.
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