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E. Kansas | Sorry about the aggravations.
I would be very concerned about the foundation wall. Is it bowing in due to the forms not being plumb, or is the back fill already pushing it in to cause the bowing and cracking? Or is it from some other type of stress or settling? Regardless, I would not tolerate any leaking and I would refuse payment for the foundation until correction is made beyond just stuffing something in the cracks. The water is not getting away from your foundation and I believe you will only have more problems until that is properly corrected.
I would put some reference marks along the top of the wall bowing in and at matching points along the floor about a 45 degree angle to when you have a tape measure extended. Get a brand new tape measure and use it only for this measuring, so there is no question of variances between tape measures you use. Write all these dimensions down along with the date measured so you can keep track of the wall movement. Maybe there is a better way or more ways to measure the wall movement, but I would keep a close history of it. Same with the crack lengths. Their ends could be marked and dated on the wall. Pics of them too would help document their history. I would be sure to tape some kind of paper or other tattle-tale method where the water has entered to indicate if more water comes in, in case it might be harder to see or if you might not be home during a rain or when snow melts, etc.
I wish you the best in getting things corrected, and that some day soon you will be able to put these issues behind and enjoy your new home.
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If your building a new house (warning long post)
