Personally I would not be so fast to make a claim with my home owners insurance. Insurers lately have been very quick to drop people with even one claim. Not knowing the laws in your area, if you were to go to small claims court pro se and get any kind of settlement, the builder would not be able to close on the house with a lean against it. It would certainly be to the builder's better interest to do the right thing here. Just my humble observance.