The house construction company of course denies all responsibility – we would have confirmed the highest point.
Well, then where exactly is the planning error supposed to lie (and by whom, actually)? It was discussed and agreed upon jointly. Did you expect any clarification?
Was there a soil survey, and was this known to the construction company? What was contractually agreed regarding this? The property was presumably also owned by you (not just possession). Then it presumably was not a "property developer" (who sells land
with house, but only a "construction company" for house building (and not also the sale of the land)).
The construction company regularly owes only the house construction, possibly often as a standard still included in the price a clearing of up to 30 cm of top layer. The drainage of the house and building ground is – subject to the unknown exact contractual situation – presumably your responsibility. I do not see a duty to inform (for any alleged failure to clarify). How should the construction company know the building ground without X-ray vision?
As a precaution, see a (specialist) lawyer who will check the contractual situation and should be able to give a thorough assessment. Good luck!