Although the legislative policy underlying New Jersey’s New Home Warranty and Builders’ Registration Act, N.J.S.A.46:3B-1 et seq, is “to protect new homeowners and abandon the ancient doctrine of caveat emptor,” according to Ingraham v. Trowbridge Builders, the doctrine remains alive and well with respect to the election of remedies provision of the act.
A recent New Jersey Superior Court case determined by the Appellate Division, Ivashenko v. Katelyn Court Company Inc ., is the latest in a long line of cases that focuses on the election of remedies, an issue that appears to befuddle homeowner and contractor alike.
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