Good question. You should immediately consult with an attorney who practices construction law concerning the question that you are writing about. Possibly the architect, structural engineer or the contractor (or a combination of all three) are responsible for the problems that you are experiencing with the home.You most likely will have to retain a set of experts to review the plans and the as built structure that you are writing about for an opinion as to the cause of the defective construction of your home.Good luck.