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 5:25-3.4 - Warranty exclusions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following are
				not included in the warranty required by this subchapter:
1. Any portion of a covered home which is not
				completed by the warranty date; except that, after completion, such portions will be
				covered until the end of the warranty period specified for that portion, pursuant to
				5:25-3.2. Builder failure to complete
				construction of such portions may constitute the basis for denial, supervision, or
				revocation of registration pursuant to
				5:25-2.5. Any item for the completion of
				which funds are being held in escrow shall be deemed to be an incompletion rather
				than a defect. If such item exhibits a defect after the release of the escrowed
				funds, then it shall be included in the warranty. In all cases, the warranty period
				shall be deemed to have commenced on the warranty date.
2. Defects in outbuilding (except that
				outbuildings which contain the plumbing, electrical, heating, or cooling systems
				serving the home are covered), swimming pools and other recreational facilities,
				driveways, walkways, unattached patios, boundary walls, retaining walls which are
				not necessary for the home's structural stability, fences, landscaping (including
				sodding, seeding, shrubs, trees and plantings), offsite improvements, or any other
				improvements not a part of the home itself.
3. Bodily injury, damage to personal property, or
				damage to real property which is not part of the home.
4. Any damage to the extent it is caused or made
				worse by:
i. Negligent or improper maintenance or
				improper operation by anyone other than the builder or his employees, agents or
				subcontractors, or;
ii. Failure of
				anyone other than the builder or his employees, agents or subcontractors to comply
				with the warranty requirement of manufacturers of appliances, equipment or fixtures,
				or;
iii. Failure to give notice to the
				builder of any defect within the time frame established under
				5:25-3.3(e)  and
				5:25-5.5(b)  or the
				applicable private warranty plan; or
iv.
				Changes of the grading of the ground by anyone other than the builder, or his
				employees, agents or subcontractors, or;
v. Failure to take timely action in emergent cases
				to minimize any loss or damage.
5. Any defect in, or caused by, materials or work
				supplied by anyone other than the builder, or his employees, agents or
				subcontractors. The builder shall, however, be responsible for any defects in or
				damage to any materials or work not installed by the builder when the defect or
				damage is the direct consequence of defects in materials or work installed by the
				builder which is not in accordance with accepted industry standards;
6. Normal wear and tear or normal deterioration in
				accordance with normal industry standards;
7. Accidental loss or damage from acts of nature
				such as, but not limited to; fire, explosion, smoke, water escape, changes which are
				not reasonably foreseeable in the level of the underground water table, glass
				breakage, windstorm, hail, lightning, falling trees, aircraft, vehicles, flood and
				earthquake. However, soil movement (from causes other than flood and earthquake) is
				not excluded;
8. Insect
				damage;
9. Any loss or damage which
				arises while the home is being used primarily for non-residential
				purposes;
10. Changes, alterations, or
				additions made to the home by anyone after initial occupancy, except those performed
				by the builder as his obligation under this program;
11. Any defect caused to a finished surface
				material or any work supplied by anyone other than the Builder/Warrantor, or his
				employees, agents, or sub-contractors in that, it is determined the installer has
				accepted the Builder/Warrantor's surface to apply the finish material;
12. Any materials and/or workmanship furnished and
				installed by the Builder/Warrantor that does not comply with the specifications in a
				sales agreement or contract which is not defective;
13. Consequential damages to personal property are
				excluded, consequential damages to real property as a result of a defect or repair
				of a defect are covered.