REQUEST TO ARBITRATE

Transcription

1 FORM 1 BUILDER ARBITRATION FORUM REQUEST TO ARBITRATE Nte: All parts f this frm including Schedule A must be cmpleted in rder t cmmence an arbitratin. Builder s Infrmatin Registratin Number: Cmpany Name: Cntact Name: Address: Phne Number: Builder s Backgrund Details Warranty Assessment Reprt Reference Number: Address f Hme Identified in Warranty Assessment Reprt: Date f Warranty Assessment Reprt: Details f Appeal Dispute 1. The Builder applies t have the fllwing dispute referred t an Arbitratr, under an Arbitratin Agreement between the Builder and Tarin (check all applicable bxes): Builder asserts that Tarin s assessment that the fllwing item r items in the Warranty Assessment Reprt are warranted is nt crrect and shuld nt be warranted.

2 2 Item Number Descriptin f item(s) that the Builder asserts are nt warranted 2. Builder asserts the Cnciliatin leading t the Warranty Assessment Reprt is nt chargeable fr the fllwing reasn(s): (a) (b) there were n warranted items fund at the cnciliatin; and/r even if there was a warranted item, the fllwing exceptin(s) t chargeability apply: (See Builder Bulletin 20) Check all that apply: Denied Access Date Tarin was advised: Reasnable repair refused Date Tarin was advised: Reasnable settlement refused Date Tarin was advised: Evidence f prir satisfactin with the warranted item(s) Date Tarin was advised: Re-intrduced r new issue raised at the cnciliatin Date Tarin was advised: Shrtened r n builder repair perid Date Tarin was advised: Cpies f Builder s written ntice t Tarin fr each exceptin claimed is attached

3 3 Nte t Builder: Evidence f exceptins t chargeability will nly be admitted int evidence in a BAF hearing if it was prvided t Tarin prir t the cnciliatin inspectin as described in Rule Builder asserts that it shuld be reimbursed fr amunts paid under sectin 2.1 f the BAF Rules (Repairs made r Cmpensatin Paid under Prtest), Remedy Sught (check all applicable bxes) A declaratin that the disputed item r items in the Warranty Assessment Reprt are nt warranted; A declaratin that the cnciliatin is nt chargeable; A declaratin that Tarin is required t reimburse the Builder fr repairs dne by the Builder r cmpensatin paid under prtest. Value f the Depsit The Builder estimates that the ttal value f the matters in dispute is apprximately $, Prpsed Details fr the Arbitratin Number f Witnesses fr the Builder: Estimated Time t Present Builder s Case: Arbitratr Nminees The Builder nminates the fllwing three persns frm the Rster and agrees that Tarin may appint ne f them as the sle Arbitratr: Arbitratr Nminees The Builder nminates the fllwing three persns frm the Rster and agrees that Tarin may appint ne f them as the sle Arbitratr: Nte t Builder: Befre cmpleting this sectin, yu must btain written cnfirmatin (using Frm 3 t the BAF Rules) frm each f the nminees that he/she has n cnflict f interest and is available t prceed within the time limits in the BAF Rules. Remember t attach the written cnfirmatin t this Request. Nminee #1:

4 4 Nminee #2: Nminee #3: Rules f the Arbitratin 1. The Builder understands and agrees that the arbitratin will be cnducted in accrdance with the Builder Arbitratin Frum Rules ( BAF Rules ) adpted by Tarin, a cpy f which has been received and read and the Arbitratin Agreement. 2. The Builder further understands and agrees that it will be required t pay a depsit t Tarin fr the Arbitratr s fees and disbursements, and that the Arbitratr may require the Builder t pay an additinal depsit t cver additinal estimated fees and disbursements. 3. The Builder understands and agrees that the Builder may be required t pay all r part f the Arbitratr s fees and disbursements, if and as directed in the Arbitratr s decisin pursuant t Rule 8 f the BAF Rules. 4. The Builder cnfirms: (a) his/her/its agreement t prceed t arbitrate the issues referred t in this Request; (b) that the appinted Arbitratr shall have jurisdictin fr this arbitratin; and (c) that the Arbitratr s Decisin shall be final and binding upn all parties. Attachments The fllwing dcuments must be attached in rder t initiate the arbitratin: a cpy f the Arbitratin Agreement referred t in paragraph 1 abve; a cpy f the Warranty Assessment Reprt; a nn-refundable administratin fee in the amunt f $ ($ plus HST) by certified cheque r mney rder payable t Tarin Warranty Crpratin; a written cnfirmatin frm each f the Builder s three nminees that such nminee has n cnflict f interest and is available t prceed within the time limits in the Prcedural Rules; any additinal dcuments (list the name, date, and number f pages f each dcument belw) Schedule A, setting ut the builder s detailed reasns fr arbitratin Check here t cnfirm all dcuments are attached Representatin at the Arbitratin Read Rule 10.8 befre cmpleting this sectin. Check ne bx nly. the Builder will be self-represented by an fficer, directr, emplyee, sle prprietr r partner; r

5 5 the Builder will be represented by a lawyer at the arbitratin hearing. Date: Print Name Per: Signature f Authrized Signing Officer Print Name: Print Title: I have authrity t bind the Crpratin. TO: Builder Arbitratin Frum Tarin Warranty Crpratin 5160 Ynge Street, 12 th Flr Trnt, ON M2N 6L9