First, you need to send a CMRReceipt letter of the entire problem and date it to the time you first found the problem and relayed it to the pool builder. This, for legal purposes, establishes an irrefutable timeframe during the current warranty period.
Next, zea about pretty much nailed it. I am willing to make a wager that the problem lies in compacted "clay soil" on the high side and non-compacted clay soil on the low side. As mentioned by zea, Houston had 45 days of triple digit heat and stage 4 drought status. When the subsoils are exposed to that type of heat, it shrinks aggressively. The night time ambient temps this summer were in the mid 80's, 100-107 during the day and very little rain to none. Once the pool was completed, the clay soils were covered and were left dry. Then, we did have some significant rainfalls. If they did not use sand to backfill and supplement the clay soil, then there are huge air pockets all along the walls & bottom of the gunite shell. When the big rains came, the compacted side lifted and the noncompacted side did not have any support to prevent the shell from sinking. The center became the pivot point and that's why it usually cracks there. However, MMGunite is a great company and makes a mean. strong shell, if you used them.
To conclude, this pool will need to be emptied, then leveled by opening the gunite and injecting material that will stabilize the lower end and also attempt to raise it. In doing so, all of the PVC will need to be pressure tested for its integrity, along w a host of other tests.
Finally, my suggestion is not to wait on the PB. This is a very expensive venture and you want to take the offensive, w or w/out the PB's cooperation. I would seek my own structural engr that works on pools and in the Houston/clay/gumbo soil area. Then, get quotes to meet the spec's of correcting the problem and have an atty forward to the PB. You want all your costs covered, so you need an atty to seek consequential damages too.
Sarah, if you can PM me w the PB's company name, I can seek advice [and in confidence] from other pool builders I know to discern the viability and willingness of this PB to correct the problem or not. They definitely need to make this right. If they are not willing, you will need to make them make it right.