Monday we saw that there were metal stakes or hoops stuck into the ground near the outside of the hole in the area covered by hay (below and above).
It seems that there is also some water back in the drain tile hole, so we'll ask about that.
We've made contact with the developer and "Gary" says he's going to contact our builder to get more information about what happened. We're not hopeful that this will result in any help with the added cost of the extra work, but it wasn't an outright rejection of our line of thought on the situation.
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