BS, I guarantee you that the Builder knew there was an issue after it was installed by the sub. They just hoped you would not notice. -

Is this a custom build or in a development? Do you know if the builder works in other counties?

What do you recommend to resolve this problem?

Unscrew upper cabinets from wall, move so they are aligned, replace screws. Touch up texture, paint etc.

Also check the lower cabinets.

You see this a lot in the rapid build developments and I could see it happening in custom builds if guys are in a hurry and you are low on the priority list. In my own house I have a whole bunch of cabinets out of level (both upper and lower) and like yours, there was a half inch difference on the gap for the window/sink. For lowers, you make sure that the countertop is level as that tends to be more critical to get a nice straight line to build your tile from. On the uppers it's less of an issue as when you put in the backsplash, you trim the tile to match the gap difference as you go. Tile guys deal with this all the time. How difficult that is depends largely on the type of tile you use for the backsplash and how you plan on bridging the areas between cabinets. With subway size tiles, it's pretty simple. If you ever tile walls in bathrooms you discover how out of plumb seemingly straight walls actually are, too.

In short, it's annoying, yes, but it's not an unusual thing to work around. Ideally, yes you would catch it when it's put in and make sure it's done the right way. As you went a year and a half without noticing, it's likely no one else will ever notice either unless they were putting in tile/countertop, etc. To my knowledge this wouldn't be considered a warranty issue at all, unfortunately. It's one of those things that has to be caught during the inspection, early live in period. I'm not an expert, though, and contracts can vary. I hope my comment is not a discouragement to you, but should you not resolve the situation with the builder, just know that it is something that is not uncommon to work around and you can still have a beautiful end project.

Thank you SirJohn. I appreciate your information. Since we've done a custom kitchen before, we're very aware of millwork, finishes, and level. I'm surprised we didn't catch it earlier. Thank you for the advice going forward. Have a great day!

Mark,

This is not custom, but one of three other developments in the county. He seems to work only in Livingston County.