Legal Question in Construction Law in Colorado

Home under warranty and builder files bankruptcy

We have a 1 year Limited Warranty for a home we had built 7/31/08. Our builder has filed Chapt. 7 Bankruptcy. We discovered a water leak along the foundation prior to notification of the bankruptcy. The builder evaluted the problem and a week later we were notified that they filed bankruptcy. Will the bankruptcy honor our warranty? Are there any steps we need to take to ensure the bankruptcy does not overlook our claim under our warranty?


Asked on 5/17/09, 8:10 pm

2 Answers from Attorneys

Robert Murillo Pivotal Legal Ltd.

Re: Home under warranty and builder files bankruptcy

You need to contact a bankruptcy attorney to determine if there are any options. Good luck.

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Answered on 5/18/09, 9:59 am
Jeffrey Kerrane Benson, Kerrane, Storz & Nelson, P.C.

Re: Home under warranty and builder files bankruptcy

You probably will not receive warranty service from your builder after a chapter 7 bankruptcy, however you are not completely out of options. You may be entitled to warranty service from a subcontractor or material supplier or manufacturer. You may also be entitled to make a claim for damages through the bankruptcy or even around the bankruptcy by pursuing a claim against the builder's insurance policy.

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Answered on 5/18/09, 12:39 pm


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