Thank you all for your comments, especially “lug nuts”. I will give your ideas considerable thought.
Yes, as 3ontheTree observed, the cost to tear out and replace the driveway alone exceeds $30K. While another $30K in of itself would have been manageable for us, but we have many other defects that the homebuilder failed to address that push the repair costs to nearly $175,000.
However, rest assure that the pursuit of a legal redress began in a timely fashion and we have engaged one of the top construction law attorneys in Kentucky. Unfortunately, just because a homeowner has been wronged by a scallywag doesn’t mean legal redress is an easy or cheap path for a homeowner to take, especially in one of the nearly 30 States that have a Notice and Opportunity to Repair Act and mandatory arbitration. First, we had to wait out the warranty period while using best efforts (a legal term of art) to establish a mutually agreeable timetable to fix issues covered under the warranty. For us, this was the one-year period the homebuilder simply ignored all communication (e.g., text, email, phone, certified letters) and tried to run out the clock. Second, we had to petition the local Homebuilders Association and request informal dispute resolution since the we used a registered builder (our builder was the President of the local Homebuilders Association). This was a 60-day period were the other tobacco chewing good ol’ boys colluded and decided spalling concrete with grossly crooked control cuts is well within acceptable construction practices in Central Kentucky. Third, we had to follow the Kentucky Notice and Opportunity to Repair Act and give the builder notice that we believed the concrete flatwork was defective and give the builder an opportunity to repair. Now, the logic of the Notice and Opportunity to Repair Act assumes the builder is honest, responsive, and will use professional due care to fix issues identified by the homeowner. The Act doesn’t envision that a builder will simply ignore a Notice sent by certified mail. On the other hand, the Act protects a builder from civil lawsuits and forces the homeowner into mandatory arbitration as the sole avenue of redress. The Act is built on the false promise that arbitration is cheap, easy, and quick. The opposite is the case for the homeowners in Kentucky were there are less that a dozen attorneys that practice in the area of construction law arbitration and they are too busy handling multi-million-dollar commercial litigation. It took us over a year to find a skilled attorney willing to take on a residential construction arbitration case (gulp, at $400 per hour). Preparing for arbitration is no different than preparing for a civil suit. The homeowner must find experts (not just any handyman that pours a couple labs of concrete per year) that are willing to be “your expert”. That is not easy to do since most concrete installers with enough expertise to be called “expert” are too busy to be bothered. However, once you find an expert, you must pay for the investigation report and the legal documentation (i.e., declarations; depositions) in addition to the attorney’s time too. The deck is stacked against the homeowner in Kentucky.