In the context of construction defect claims for new home construction, the question of whether a homebuyer can pursue legal claims in the courts as well as through a warranty program is a complicated one, and a veritable minefield for the uninformed who could easily find herself boxed in and forced to arbitrate all claims. Two recent decisions of the New Jersey Appellate Division, one published and the other unpublished, provide some new guidance on the election of remedy problems in new home construction defect litigation.