In this construction defect case, Wellman & Warren challenged and had the court declare unenforceable a limiting and unfair mandatory arbitration provision contained in a construction agreement. The challenge to the arbitration provision was confirmed by the California Court of Appeal in a published opinion, which is currently cited as one of the leading cases in the area of enforceability of arbitration provisions. (Harper v. Ultimo, (2003) 113 Cal.App.4th 1402).