Not sure why the above issues would equate into a “ big big fight” because it’s a spec house. There aren’t different codes/regulations/laws that apply to spec houses vs. custom builds.
Most (probably “all“ - but I haven’t personally researched all states - just have looked at issue for various people in different states) have enacted a statute that cover residential new builds and one that covers residential renovations/services.
In my jurisdiction, the issues with the niche and shower bench would be considered construction defects. ”Construction defects” includes a defect/deficiency in, or that arises out of, (i) defective material, products, or components used in the construction, (ii) a violation of applicable codes in effect at the time of construction, or (iii) a failure to construct residential improvements in accordance with ACCEPTED TRADE STANDARDS for GOOD AND WORKMANLIKE construction at the time of construction. (which appears to be fairly typical language in these types of statutes).
It’s pretty safe to assume that wherever OP lives, that ”accepted trade standards for good and workmanlike construction” does not = a niche that has open gaps where water will be able to travel behind the walls. There are wood studs + insulation showing in OP’s photos!
The same applies to the shower bench.
These laws apply to homes regardless of whether someone built a $10,000,000 custom home OR purchased a $600,000 spec home OR $250,000 tract home.
While I don’t specifically practice construction litigation, I’m a business attorney - and much of my work is focused on commercial real estate development ( + sales/acquisitions of businesses), so, I do assist my clients with construction defects. Residential construction statutes were enacted to protect homeowners from these exact types of issues.
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Tile, deco feeling
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