Sorry to hear of your troubles; likewise, we are going to binding arbitration. Unfortunately, in Texas, ALL homebuilders have that clause in the contracts; plus the state disallows you to go to court without going through the state agency first. And if we win in arbitration (probably will- our foundation has moved 8 1/2 inches), the builder will surely appeal, which can take between 6 months and 5 years! If we ever get out of this (We've sunk $35,000 so far of our own money), we are looking for a previously owned home that we will remodel, AFTER taking to the neighbors!

Our lawyer says that we can appeal as well, but we'd just be wasting our time and money. As I see it, WE are the ones at risk here, not the builder. What has he got to lose if it drags out for four or five years? Meanwhile, we're having to live in a house that looks like it's been in an earthquake!
Incidently, the TRCC inspector ruled in our favor that it could NOT be reasonably fixed; However, Grand Homes appealed to them and a 3 member board essentially REVERSED the inspector's decision and asked them to provide a remedy for repair (raising the entire foundation on steel piers -stilts!). The TRCC is a joke and only prolongs the process. In order for the builder to repair our home, we would be required to move out for THREE months- I will not accept that; it is an undue hardship. We did not buy a new "fixer-upper".

Ah, Grand Homes.  I remember seeing a website called Grand Homes Nightmare I think.  I couldn't find it again.  I did find this: http://www.broadbandreports.com/forum/remark,13021774

At least the TRCC is being exposed for the sham it is now.  I think the "not worth it" statement of the lawyers is all over, not just TX.

Yes, it is all over the country.  Builders DO hire up lots of firms, some legitimately, but many in the industry have also told me privately it's to "conflict out" the good ones so their adversaries can't use them.  Apparently a fairly common business practice.  When speaking to each new lawyer you should ask for them to do a conflict check FIRST before you tell them about your case, (at the very least don't tell them anything you think you'd want confidential).

The reason lawyers send an "I don't represent you and I didn't give you legal advice" letter is because the lawyer wants to make sure all misconceptions are nipped in the bud for his/her own protection, and presumably for the consumer's protection.  It's a standard practice and may be a legal ethics rule in some states.

Too many corporations view legal costs, fines, etc, as just a fee they have to pay to play.  If only they would re-set their priorities and put that money into training their workers and building better homes, they would not NEED to spend so much on litigation.

Builders large and small use the guise of multiple companies to hide complaints and escape paying creditors and judgments.  Much of business law is set up to protect assets and keep as much info about your company and people behind it secret.  This is just one area where builders are hiring lawyers: to help them set up business structures that keep unhappy customers at bay.  The LLC is a prime example, with many builders setting up LLC's for every development or even every house.  (Limited Liability Corporation, and boy do they mean "limited liability! You usually cannot get more than the LLC itself has, which could be nearly nothing.)  By the time a homeowner's lawyer sees what they'll have to do, to win and collect, they run screaming.  It's not that it can't be done.  It's just not cost effective for lawyers to do it, nor do most of them have any personal reason to want to do it that badly.  I guess we need more lawyers to get ripped off by builders so there's some motivation there.