Arbitration Provisions Do Not Bar Couple’s Suit Over Water Leaks, Judge Rules

(November 28, 2018, 3:55 PM EST) -- WILMINGTON, Del. — A Delaware judge on Nov. 9 denied a motion to dismiss a couple’s construction defect suit filed by Toll Brothers Inc., Toll Bros. Inc., Tenby Hunt Inc. and Toll Architecture Inc., finding that neither an arbitration provision in the homeowners’ sales agreement nor their home warranty barred their action (Frederick Wang, et al. v. Hockessin Chase L.P., et al., No. N15C-03-066 WC, Del. Super., New Castle Co., 2018 Del. Super. LEXIS 1322)....

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