All parties that utilize the Bogen List, its vendors and the guarantees provided herein, agree to be bound by this Dispute Resolution Section.This section applies to the use of recommended vendors only.
In order to qualify under the three guarantees of the Bogen List, Inc., including this Dispute Resolution Section, the consumer or association must have been provided with an approval code. Once an approval code is provided, all parties agree that this Dispute Resolution Section applies. Without an approval code, this section and no other guarantees apply. If an approval code was provided to the consumer or association, this dispute resolution shall apply to all disputes between the vendor or contractor and the consumer or association.
'If a consumer or association hires a vendor from the Bogen List and claims that a vendor has breached its contract or caused damages, such claim must be first submitted to the Bogen List. The submission shall be made by contacting the Bogen List at 1-877-BOGENLIST (264-3654) or any other telephone number listed on the home page of this website. The person filing a claim must provide all information requested by the Bogen List and cooperate with the investigation that will be conducted by the Bogen List. Following its investigation, the Bogen List will provide its conclusion and determinations to the consumer or association. If the consumer seeks to proceed, the Bogen List shall have the right to request a mediation between the parties before an arbitration. If the Bogen List requests that the parties mediate to resolve the dispute, both parties agree to meet within 15 days of the request of such mediation. Such mediation shall involve no cost to either party and Mark Bogen or a designated attorney of the Bogen List agrees to volunteer such time to represent the interests of the consumer or association for the mediation. If a party fails to attend the mediation, such party shall be considered in default of this section. The Bogen List, in its sole discretion, shall have the right to extend the time for a mediation date.
If the parties cannot resolve their differences at a mediation, either party can request an arbitration. Both parties agree to be available for an arbitration within 40 days of the initial request of an arbitration. The Bogen List, in its sole discretion, shall have the right to extend the time period for an arbitration. The Bogen List shall select a retired judge from the State of Florida to act as the arbitrator. If either party objects to the arbitrator that is appointed by the Bogen List, the Bogen List shall supply both parties with the names of alternative arbitrators. Each party shall have 7 days to select one or more arbitrators provided by the Bogen List. If no arbitrator is selected within seven days, the Bogen List shall have the sole discretion to select the arbitrator for the party that fails to select such arbitrator. If both parties cannot agree to one arbitrator then the Bogen List shall, in its sole discretion, select the arbitrator for such dispute.
The Bogen List shall coordinate the date and time for all mediations and/or arbitrations. The costs of the arbitrator are not covered by the Bogen List. Each party agrees and understands that the arbitrator charges by the hour for his or her time. Therefore, each party shall provide the Bogen List with a $400 dollar deposit for the costs of the arbitrator seven days prior to the arbitration. The cost of the arbitrator shall be equally divided by both the vendor and the consumer or association. The failure to provide such deposit shall hold such party in default of this section. Mark Bogen or the Bogen List agrees to provide free legal representation to the consumer or association during the arbitration. The Bogen List and/or Mark Bogen shall decide the attorney who shall provide the free legal services for the consumer or association. The vendor is responsible for the payment of their own attorney’s fees during any mediation or arbitration regardless of the results of the mediation or arbitration. If a consumer or association utilizes its own legal counsel, the legal fees and costs shall be reimbursable if the consumer or association is successful in its claim. The arbitrator shall have in his or her sole discretion the ability to award attorney’s fees and costs to the consumer or association.
SELECTING YOUR OWN ATTORNEY
A consumer or association can utilize its own attorney for any legal proceeding. However when utilizing your own attorney, the consumer or association shall be responsible for any and all of its own legal fees. If a consumer or association utilizes its own attorney, Mark Bogen and the Bogen List, Inc., shall have no responsibilities whatsoever with respect to any legal action taken by the consumer or association.
CONFLICT OF INTEREST
Since the Bogen List has a relationship with each of its vendors, a conflict of interest may exist or appear to exist. If a consumer or association decides to utilize the free legal services of Mark Bogen or any other attorney provided by the Bogen List, that consumer or association agrees to waive any assertion or allegation of a conflict of interest. In other words, even though a conflict of interest may exist, the consumer or association agrees to waive such conflict and continue to utilize the free legal services. Furthermore, each vendor participating in the Bogen List agrees to waive any conflict of interest should Mark Bogen or the Bogen List provide legal services to the consumer or association. Both parties agree that Mark Bogen and the Bogen List shall be held responsible for any current or potential conflict of interest in the representation of the consumer or association.
Any party that defaults under this section shall be responsible for any and all legal fees and costs associated with the enforcement of this dispute resolution section. The non-defaulting party shall have all rights to use any and all remedies under the law in any court of law to seek damages; seek enforcement of this section and seek any out of pocket costs associated with the enforcement of this section. The arbitrator shall have the authority to make a finding even if a party fails to appear at the arbitration. Such finding shall be enforceable in the appropriate court of law. The Bogen List and Mark Bogen will not be obligated to provide any legal assistance when a party is in default.
All parties agree to the terms and conditions of the disclaimer stated on this website.