AMMON - Frustrated homeowners have taken the builder to court, but even that hasn't changed their situation. Their driveways are still crumbling away.

"I guess it has started to come up a little bit more," says Don Purvis.

"Cracking, all the way into my entrance into my house," says Elodio Cervantes.

"My front patio with my porch you can see it, it gets really bad here," says Teri Blevins.

"See how it's cracking," says Cervantes.

"You can see where it's really bad, it crumbles, as you touch it," says Blevins.

Touch it. Drive on it. It's problem that just isn't going away.

"It didn't even take six months," says Cervantes.

"You go out on bare feet on your back patio to barbeque and the cement's crumbling underneath your feet," says Blevins.

Eight homeowners from the Fall Creek subdivision and Cornerstone got together and took the builder to small claims court.

"I won the settlement and instead of paying us he appealed it," says Cervantes.

"He's just been stalling with the appeals. The judge awarded us what we were asking for which was to replace, or cash value, to have it replaced," says Blevins.

To replace it could cost anywhere from 3 to 5 thousand dollars.

"If I was to sell it, I probably wouldn't get the money that I put in, because of the way it is," says Cervantes.

"I couldn't sell it and now it's in foreclosure, almost nine out of ten people who came into the home mentioned the driveway and the patio," says Blevins.

At the time, these homes were purchased, these driveways were included in the warranty.

"Driveways are a warranty for a period of one year, Tallman construction warrants driveways will be free from material defect," reads Purvis..

But now that same warranty, reads something like this.

"He changed his warranty to read this, and it says exterior concrete is not warranted for any amount of time, and this includes sidewalks, driveways..." reads Purvis.

"It's fine anybody who purchased a new home after our warranties were no longer in effect, that's fine that's his right, but that's not the case for us," says Purvis.

Warranty aside, the biggest question is why this is happening in the first place?

"He said something in his appeal, that we had a hard winter, but this is Idaho, we have many hard winter, it shouldn't, there's plenty of driveways around Idaho with new construction that didn't crumble like this one did," says Blevins.

"From right here to here I poured the cement myself, from the same company and look at the one they poured. I don't know why mine is so much better," says Cervantes.

Better or worse, this is the reality these homeowners are left with.

"Either fix the problem or pay us the 4-thousand dollars its going to cost the contractor to fix it," says Blevins.

"If I would have known the way it was going to turn out, he wasn't going to be responsible to for it, I wouldn't have bought the house," says Cervantes.

"You sold me a home, I expect a finished product. You sold it under a warranty. You want to change what the warranty is after the fact, after people are purchasing, after problems have showed up, that's fine. I don't care, but honor what you sold me," says Purvis.

Tallman Construction did not want to comment. Burns Concrete, also did not want to comment. The next hearing between Tallman and the homeowners is set for sometime in August. We will keep you posted on what happens next.