Wood Foundations are limited to a maximum of 4 feet of backfill placed against the exterior wall surfaces unless they have been designed by an engineer in compliance with the AF&PA/NDS standard.
The question(s) you need to answer before going further are:
1. How high is the backfill against your basement wall and if more than 4 feet, did the custom home company provide the required engineered design?
2. Who backfilled the foundation and did they comply with the engineered design?
You will likley need to hire an engineer to hlp resolve this issue and design a repair because you may have a legal battle brewing.
It is possible the foundation was not properly designed in the first place, not properly filled in the second, and the company may be liable for any and all damages you are experiencing.
Call an engineer to evaluate your foundation, then if necessary, call your attorney.