Hi L: A grading problem that CAN'T BE FIXED??!! And on a house one year old!!! Whew...... this sounds ungood.
I can't imagine what grading problem on new construction can't be fixed. My first house, a 1906 Victorian, had the surrounding grade gradually rise until the house acutally sat in a depression. Now this is what you would call a tough fix.....I wound up jacking up the entire house and extending the concrete foundation up about 16".....but certainly not a 'can't fix'
You must fix your grading problem. Fighting the natural flow of water is one of life's greater challanges, and one I don't recommend.
Perhaps if you can explain your grading problem some possible fixes might be available. :-)