Builder issues-changes without consent, DEP violation, loss of use
Location: NJ
Builder changed some structural things like front porch steps without our approval(he shortened them by half of the porch width. Inspector missed it along with the code violation for porch height (over certain height needs railing).
Builder wants to throw dirt on the steps to cover them up and reduce the height or add a railing which would be odd now since steps are halfway up the porch. Neighbor had same issue while building and we pointed it out, they mentioned fraud to builder and he said it was miscommunication with the mason and fixed them to plans. He did the same with the last spec house to be built.
We didnt notice this at closing as we were under extreme stress as my mother in law was in the hospital and my father in law passed away 4 days prior to closing. Builder would not change closing date and would not allow anyone but us do the walkthrough, including our realtor, we offered to show up early in the morning as we had the viewing, he refused and showed up at 1PM.
DEP violation: he used soil from a demo site as top soil- we are finding glass shards, dinner plate pieces, mirrors, glass, bricks, granite countertop pieces, tile etc etc in your yard almost 3 years after. When we brought this up to soil commission in our county, the county soil manager found some dirt from another construction site and urged us to take it then drafted a contract between us and the builder that absolved the builder from any issues once he spread this new "top soil". We took the soil because didn't want to look difficult but didn't sign anything and didn't let the builder spread it.
We can't do anything to our yard til the dep thing is resolved. we have coyotes/bears running around, so we can't have our child play outside as we can't fence it in, the water pools by the 8 mounds of soil he dropped off- leaving a soggy yard and breeding ground for mosquitoes etc. we cant plant anything, we can't use our yard.
Can we sue for loss of use and any emotional damage as this is taking a toll on our mental state dealing with all the issues along with the breach contract as he changed things without our consent.