You also need to keep your eye on the ground immediately surrounding the foundation. This is usually loose backfill which is just a 'by-product' of the construction process. It's not usually 'tamped/compressed' which would minimize settling. This 'zone' could settle 6", or more over maybe 10 years. You need to be sure you keep filling in on top of the backfill. If you don't, water will eventually make its way 'down' there and perhaps into the house causing even MORE damage. In short, the landscape around the immediate foundation should slope AWAY from the house. Keep your gutters and downspouts clear, and you should extend your downspouts at least 3' from the foundation. The MOST common problem causing water in the house is improper slopage and the pooling of water at the foundation due to this.
If you have a warranty, keep a list and have the Builder make a fill just BEFORE your Warranty expires. Just be sure he gets 'notice' either in person or via certified letter, return receipt (along with the rest of the 'list' of things he needs to do before the Warranty expires.) Of course, you list might include fixing the cracks and perhaps painting (I don't know because it depends on the Warranty.)