Basement perimeter footer was poured first, then foam Logix (2 layers) were sat on footer, then slab 4" was poured.. that worked well as the Logix were braced from the outside to prevent movement. Then the walls poured -- so the lower perimeter of the walls did not move at all.

Okay, this is making some logical sense if deflection could be that much.

I'm going to a city this morning and perhaps they have a company with a Schmidt Hammer or Windsor Probe.

My engineer yesterday said the real problem may be in the 16" concrete that is over the windows if not enough rebar etc was put over them. We decided to use microlam board to attach to the gable-end floor trusses that run parallel to and over the windows (all 3 of them). This will pick up load coming over the ~ 5 foot window wide and transfer it out over the wall so that if there was not enough rebar support over the window openings then this area will not sag onto the basement windows. My truss engineer suggested this solution and my builder and other engineer who came out yesterday likes it too. It prevents us having to cut concrete over the windows and we can move on.

I'm on the road in a few minutes. I'll check back later this morning with you all. Thanks a bunch!

Here's a picture just before they enclose the area below the window buck.  I'm almost sure the tops of the windows did not have anything more than the horiz rebar one row.  one architect said that is not enough...that's why the microlam solution above.  There was no bracing done on the windows at all until after concrete started sagging the bucks and they jammed one some 2 x 8 vertical and horizontal but is was almost useless as the openings bowed in by almost an inch in a five foot span.  The NW corner of the house nearly fell over during the pour so I had to take the fork lift (only equipment we had on site) to push on boards to stabilize it... put the brake on and left it for two days.  There about 20 different items that were not followed correctly from looking at the www.logixicf.com web site instruction videos.  The contractor thinks that the corner plates (2" x 2" plastic pieces to hold the bucks together are "braces").   holy cow i've got to run.

Holy cow is right.

Unfortunately when subcontractors see this house they will likely blame ICFs instead of the installation, maybe even the contractor that did the ICFs will bad mouth the system instead of admit fault.

wow - your contractor is a HACK - I hope he's out of business soon, and I hope your problems are resolved. Good luck!

When I was a framer, I saw concrete walls worst than this and we would get the framing straight and plumb and deal with the foundation in flashing and exterior trim.  Depending on your basement floor plan, could you install a shearwall perpendicular to the 42' long wall.  That and getting the foundation well tied into the floor framing should take care of the structural problem.  I would be more worried about the waterproofing!

Today the floor trusses went on; we lightly put in backfill so workers can put the SIPS/house on next week.

Replies to above:
1) Contractor is a distributor of Logix so he can't blame the ICFs.
2) I don't wish my contractor to be out of business, just to train the subs better and get up to speed on how to do it. And, of course fix my basement!
3) We won't frame around the foam insulation in the basement. In theory, we choose ICF due to ability to get a "nice straight and plum wall" to sheet rock against. Well, that's going to cost us $$ to frame the crooked walls (all of them are not straight)
4) Can't put a shearwall perpendicular unless on the outside (the 42' wall is next to stairs down the basement). Or, can you explain what a shearwall perpendicular to the 42' wall would be like?

Later on..

It is impossible for home inspectors to determine if water or moisture penetration will pose a problem in the future on the basis of a one time inspection.
Rather than having a seemingly impossible clean-up, you will only need some disinfectant spray or another cleaning agent to wipe the pad clean.