Add stairs to the backyard. Add a deck to the bottom of the stairs, then stairs down to the backyard. Maybe a deck or pavers at the bottom of those stairs.

Think of this as an opportunity, not a reason to try to punish the contractor. Half full, not almost empty.

Oh my goodness that's a hazard. You need steps. I don't have advice on the legals or anything there... but yeah, someone is going to break themselves falling off that if that isn't fixed.

What type of building contract did you have? Did you close on the lot and have the builder build on it, or did the builder own the lot and you closed after the home was finished?

@bry911 - The latter case. The builder owned the lot and we closed after the home was finished. The retaining wall showed up at the very end of the build process, but the home passed inspection by the town and received a CO.

The odds of prevailing with any action you take are drastically reduced in that situation.

Essentially, you bought a finished home from someone, much like buying any existing home. Since the builder has a duty to construct the home with due care, you have some recourse for hidden defects, but very few against any defect that was clearly evident at the time of closing.

So I strongly suspect that option three is the most reasonable action and anything else is likely to cost more in the long run than you could hope to achieve.

Good luck

Hiring a lawyer and suing will cost more than building some steps. I would look for a good landscape designer to come up with a plan, which you can implement as time and funds permit.

3

"Simply hiring a contractor to install some steps down to the backyard and calling it a day."

This please.

See if he's got a carpenter that owes him a favor; maybe he'll split the cost with you.

I'm glad he saved the tree.

3.

If it were me, I'd look to add stairs where someone will naturally walk down. Then I would use landscaping to denote the edge of the wall everywhere else. For example, you could do a planting bed along the low side of the wall to have shrubs / trees / etc grow up in front of the wall creating a visual indication that that is not steps.

Agree with Ross. Just build a set of steps down to the lower yard, using the same stone as existing for the side walls. And using a different contractor...

" Apply the time and money you would otherwise spend on an attorney to the cost to implement the modifications."

He could move the tree and regrade the site, eliminating the retaining wall, for that much money.

You have an opportunity to do something interesting. How much space in the side yard? I’m picturing raising the height of the retaining wall to be high enough for a seat, and wrapping it around to create a council ring kind of patio.

When I read this, I was imagining something awful. After seeing the picture, my reaction is that it's a nice looking retaining wall and you have an opportunity to embrace it. Yes, add steps where it makes sense. Add a taller border layer of you are afraid people won't notice the drop and will accidentally step over. From what I see, I don't see a major concern that can't be addressed at relatively low cost.

You need to stop and not give yourself a bad memory about your new home.

No brainier, number 3.

Everything about the wall is right according to the code. I do not see why steps couldn't continue down to the yard, and didn't see any oak tree in the video when you panned around. How he could of built the wall but not the steps is beyond me but give you a slim chance in court or with the SC department of favor.

#3 As many have pointed out above, this could become an opportunity for something graceful and lovely on which to descend to the yard.

Re: this: I am also concerned about the long-term performance of the wall in holding back the dirt (sandy loam) along our foundation which is built up significantly from grade. IMO, as long as that sprinkler head is there you will continue to experience wash out of the sandy loam. The sprinkler head is also a trip hazard that will be needed to be addressed when you build the stairs. I recommend removing it and extending the landing pad at the foot of the wooden stairs when you build the additional stairs. You'll likely need to let the entire area settle a bit and fill in areas that sink. As a geologist friend of mine says, "Shift happens." Especially true when sandy loam meets water.

Consult a landscape designer or landscape architect to help you with this, they can surely make something that you will love, and might even inspire your neighbors. I just noticed the little patio under the deck. Was there a plan to connect the two better?

If you think about it, the existing stairs are more dangerous than the retaining wall.

Masonry steps down to grade and a railing may not be required by code but in you situation I think it would be advisable to have them added even if your original contractor is not doing the work.

When you are building the stairs or any add-on features, ask about drainage and whether you need weep wholes/drainage pipe or other.

Hi everybody - I just wanted to say a huge "THANK YOU!" for all your advice! I really appreciate your input and expertise as well as the time you spent reviewing the situation and answering. The clear consensus here is that I should look to add steps down to the yard as a short-term solution and then determine what should be the longer-term plan for the backyard. This will likely cost less than any litigation, and I'll have more control over what vision gets realized. Although I regret the builder didn't do this himself, I agree with the approach and think it's the best way forward. Again, I'm very grateful for everything that's been shared!