South Carolina Panel: Builder's Arbitration Clause Lacked Mutual Remedy

South Carolina Panel: Builder's Arbitration Clause Lacked Mutual Remedy

COLUMBIA, S.C. - The South Carolina Court of Appeals on April 17 affirmed a trial court decision to deny a home builder's motion to compel arbitration in a construction defects action, "particularly in light of the lack of mutuality of remedy" in an arbitration clause in the purchase agreement (Gregory W. Smith, et al. v. D.R. Horton Inc., et al., No. 5118, S.C. App.; 2013 S.C. App. LEXIS 125).

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