I purchase a new home and when I moved it was the beginning of winter, I immediately noticed the windows on the second floor were very drafty, when you place your hand near the joints of the window (where the glass meets the wooden frame) you clearly feel current of cold wind coming in. The interior of the wooden window frame sourrounding is cracking or separating, what does this mean? What is the problem? The house is brand new and was newly built, What is the potential problem here and how can it be fixed?

If the sashes are coming apart, they will have to be replaced. Are they single pane glass? Get in touch with builder and ask him/her to fix problem.

Chuck

Maybe the foundation is on poor ground and is settling unevenly.
Add this to your lawsuit.