Marchak v. Claridge Commons, Inc.

The opinion of the court was delivered by

PETRELLA, P.J.A.D.

This appeal involves the interpretation of a provision regarding arbitration in a contract for construction of a house, election of remedies and the interrelationship of the contract’s provisions with the applicable statutes, including The New Home Warranty and Builders’ Registration Act (the Act), N.J.S.A. 46:3B-1 to 20. The Law Division judge granted sum*128mary judgment in favor of defendants. Plaintiff Ronald Marchak appeals. We reverse.

Marchak entered into an October 11, 1986 contract with Claridge Commons, Inc. (Claridge)2 for…