New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 25 - REGULATIONS GOVERNING NEW HOME WARRANTIES AND BUILDERS' REGISTRATION
Subchapter 3 - WARRANTY COVERAGE AND STANDARDS
Section 5:25-3.10 - Remedy exclusive
Pursuant to New Home Warranty and Builders' Registration Act ( P.L. 1977, c.467) the filing of a claim against the warranty specified by this subchapter shall constitute the election of a remedy and shall bar the owner from all other remedies. Nothing herein shall be deemed to limit the owner's right to elect other remedies except that such election shall bar the owner from pursuing the same claim under the warranty specified in this subchapter and in accordance with the procedures related hereto. For the purpose of this section, election of other remedies shall mean the filing of a complaint, counter-claim, cross-claim or third party complaint in any court that alleges matters covered by the warranty in particular or unworkmanlike construction in general.