When you’ve built or bought a new home, you expect that everything will function the way it’s supposed to, that there won’t be defects caused by builder error or oversight. Unfortunately, the construction industry is one that rewards builders for the speed with which they finish a new home. That approach can often result in substandard performance.
Under New Jersey law, the owner of a new home has certain protections under the state’s New Home Warranty and Builders’ Registration Act. Pursuant to that statute, the builder of a new home makes certain warranties about the quality and functionality of the home and its component parts:
- There’s a one year general warranty against defects, covering workmanship, materials, plumbing, electrical and mechanical systems, as well as appliances, fixtures and equipment
- There’s a two year warranty on certain mechanical, electrical, plumbing and major structural defects, such as septic tanks and HVAC systems
- Starting in year three and continuing for the first ten years of the life of the home, there’s a warranty against major structural defects. That includes framing or structural elements, such as studs, roofing, rafters, beams and load-bearing walls.
The warranty does not apply to anything considered to be normal wear and tear and may also exclude any changes to the home resulting from carelessness or improper maintenance by the homeowner.
If you have a claim under the statute, you can file a lawsuit in court or you can file a claim under your warranty. Warranty claims are typically resolved through arbitration. The builder is customarily given the opportunity to fix the problem, but may choose to pay for the repair or replacement.
Contact the Law Offices of David J. Karbasian, PC
Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment.
Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.
