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OMG -- you are in Michigan and you are building a new house? This a your chance -- get out now!!! Unless you are a professor at UM I would be fleeing a state where financial ruin is not so likely...
Looking at the picture it doesn't look like there is damage to the wood. This so sort of strange since there should have been J-connectors from the top of the concrete bolted into the wood. Also since the concrete looks bent I'd say they cut corners on the amount/quality of the rebar in the wall. Also the concrete may have been mixed wrong. Since all walls were poured at the same time, them all walls will have this problem.
Personally I would consider this a violation of the contract and take back any funds paid and go find another builder.
If they managed to screw up something this important, there's probably a whole lot more out there they also messed up on. IMO the best advice is to get out completely.
Who's the mortgage lender? Depending upon who it is and what kind of loan........I would send a certified letter to the responsible manager or VP, HUD evaluation department for your field office (if you have an FHA loan and be sure to put the case number on it)........Only the builder can warrant the condition of the property, but it's the program's mortgage insurance and the lender's collateral at risk. Any appraisal ordered, where the appraiser was notified of the problem or the lender was notified, most likely would find a structural engineer's report required. You've decided you want to stay with this home or you would have accepted another lot. I sounds highly unlikely they are going to do what the OP sounds like they want: tear down and do-over. It's now up to you to make sure you can be comfortable in it. It's time to enlist all possible alliances, from lawyers to county inspectors, to bankers. Just be aware, this search for alliances could result in the death of the transaction.
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