They would be responsible for the cracks IF you can show that the cracks were due to negligent or substandard materials, construction, or design. If the builder was not at fault in the cracks--for example, if OH had, like we had in NJ, a particularly long and cold winter with excessive frost heaving, and the walls were properly built but the cracks are due to unually severe or frequent freezing and thawing cycles (or some other cause outside the builder's control: e.g. heavy construction or blasting nearby), the builder would not be liable or financially responsibe. You have to show their fault in some way to hold them liable.