What happens to the 10 year structural warranty on my home when the builder goes out

My 2 year old house has some defects that I detected this spring and water leaks through the wall during heavy rain causing mold problems. The builder went out of business 3 months ago and told me now the sub-contractors take over (he did not file for bankrupsy!) How can I make him responsible since the sub-contractors (framers and maisonnery people) do not want to help and informed me I had only a one year warranty with them.
Can I sue for breach of contact in the small claims court or other court although the company is not in business anymore?

[JETX]

You can sue the builder for breach of contract. The fact that he may no longer be 'in business' is irrelevant, he (or the corporation) still has liability.

However, here are some problems that you face:
1) Is the builder an individual or a corporation??
2) Does the builder have any assets which could be used to enforce a judgment if you prevail?
3) Does your state Small Claims court allow 'non-money' lawsuits? If not, then you will have to determine the value of your damages, and if within allowables, use the Small Claims court.

Once you have determined the above, you will need to go to your library or bookstore and get "How to win in Small Claims Court" (or similar) to see the next steps.

And, lets not forget... the builder could always file for bankruptcy and then delay or avoid the debt completely.

One other thought... was your builder bonded?? If so, you might file a complaint with his bonding company.

Law101: A warranty is only as good as the party giving it!

[HomeGuru]

In addition to the information provided by Halket, please check to see who the issuer is of the 10 year structural warranty. In most cases, it is a third party warranty/insurance company and not the builder that issues the warranty.

File a claim with your State Contractor's License Board as there may be a recovery fund available.

There may be other parties that you could file claims against including but not limited to the architect, engineer and various subcontractors. And in addition, claim breach of implied warranties and well as express.

Helpful websites:
[url]www.hadd.com[/url]
[url]www.hobb.gov[/url]
[url]www.ftc.gov[/url]