N.J.A.C. 5:25-5.4
(b) The contribution percentage to be paid for each new home by a builder not participating in an approved
private plan shall be determined as follows:
1. If, for at least 10 years, there has been no payment made, and no final determination that a payment
must be made, under either the State Plan or an approved private plan, as a result of a claim against
the builder or a major structural defect, the contribution percentage shall be 0.17;
2. If, for at least seven years, but less than 10 years, there has been no payment made, and no final
determination that a payment must be made, under either the State Plan or an approved private plan,
as a result of a claim against the builder or a major structural defect, the contribution percentage shall
be 0.213;
3. If, for at least five years, but less than seven years, there has been no payment made, and no final
determination that a payment must be made, under either the State Plan or an approved private plan,
as a result of a claim against the builder or a major structural defect, the contribution percentage shall
be 0.255;
4. If, for at least two years, but less than five years, there has been no payment made, and no final
determination that a payment must be made, under either the State Plan or an approved private plan,
as a result of a claim against the builder or a major structural defect, the contribution percentage shall
be 0.298;
5. If a builder has not previously been registered, or has been registered for less than two years and
there has been no payment made, and no final determination that a payment must be made, under
either the State Plan or an approved private plan, as a result of a claim against the builder or a major
structural defect, the contribution percentage shall be 0.319;
6. If, within the previous two years, there has been any payment made, or any final determination that
a payment must be made, under either the State Plan or an approved private plan, as a result of a
claim against the builder or a major structural defect, the contribution percentage shall be 0.425;
7. If, at any time while the builder's contribution percentage is in an amount determined in accordance
with (b)6 above, by reason of the builder's having been responsible for a payment having to be made
on a claim under either the State Plan or an approved private plan, there is any further payment made,
or any final determination that a payment must be made, under either the State Plan or an approved
private plan, as a result of another claim against the builder or a major structural defect, or if a petition
in bankruptcy filed by or against a builder and the builder has not yet been discharged or is under the
supervision of the court, the contribution percentage shall be 0.595;
8. Whenever a builder is or has been a builder designee, officer, or stockholder or partner with at least
a 10 percent ownership interest, of any builder entity, the claim and payment record of that other entity,
shall, if less favorable than that of the builder individually, be attributable to the builder for purposes of
this subsection.
9. Whenever a builder is a corporation, partnership or subsidiary, the claim and payment record of any
builder designee, officer, or stockholder or partner with at least a ten percent ownership interest, or of
any corporation, partnership or subsidiary, having any builder designee, officer, or stockholder or
partner with at least a 10 percent ownership interest, in common with the builder, shall, if less favorable
than that of the builder, be attributable to the builder for purposes of this subsection.
10. If a builder is an individual or group of individuals who is or are the sole owner(s) of another builder
that is a corporation, partnership or subsidiary, or if a builder is a corporation, partnership or subsidiary
having the same builder designee, officers, and stockholders or partners with at least a ten percent
ownership interest, as another builder, the claim and payment record of the one builder shall be
attributable to the other for purposes of this subsection.
11. For purposes of this subsection, "10 years" shall mean the 120 month period immediately prior to
the date of enrollment of a new home under the State Plan, "seven years" shall mean the 84 month
period immediately prior to such date, "five years" shall mean the 60 month period immediately prior to