You appear to be within the time frame to take legal action. The "statute of limitations" defines how long someone has to sue for problems, damage, contract violation, etc. There are two different statutes of limitation which may apply here: for breach of contract (not doing the work they contracted to do) or for damage to property. In your state, both are 5 years, so you are in time to take action. The action you can take would be to sue the contractor for the cost to repair the damage.