The clays that I am familiar with (Winnipeg Manitoba area), have a high swelling pressure. There are two pressures that are of concern in the clays. The first is the swelling pressure and the second is the pre consolidation pressure.
Swelling pressure is the amount of pressure that will be exerted by the clay due to the removal of the overburden. You took about 2.4 m of soil off the top of the clay and replaced it with 100 mm of concrete. The material under the footings is holding up the entire house and is restrained from swelling due to this loading.
The pre consolidation pressure is the amount of loading that can occur before the pressures cause the water in the clay to migrate out and the soil will consolidate. With the Winnipeg clays they are generally stable under normal residential loadings, except for the swelling under the slab.
The main exception is due to prolonged dry or wet spells or something else (water line leakage, tree growth etc) that fundamentally changes the moisture regime in the soil. Water plus clay equals expansion. Water removed from clay means shrinkage.
Now to answer your question. The cracking is most likely due to swelling under the floor slab. If the cracks are open at the top and closed at the bottom then this supports this scenario.
The moisture is most likely coming out of the clay assuming that the perimeter drains are installed correctly (lower than the floor slab). In time I would think that this will stabilize since once the water comes out of the material as there is no recharge because the perimeter drains will take care of this water. (You could have hit a semi artesian water source in which case the water will continue for a long time.)
The solution is not easy. You cannot do anything about the swelling of the clay. (except fill in your basement). Some high end houses in Winnipeg use a structural floor system, either a structural concrete slab (very expensive) or wooden joists spanning to the walls (less expensive and allow under slab ducting and wiring).
The moisture can only be stopped by constructing under slab drainage. This would have been simple during construction, all that would have been required is a course granular layer (100 to 150 mm sand or gravel) under the slab that connects to the perimeter drainage.
As to if it’s a real problem, if you view basements as dark holes in the ground suitable only for storage of root vegetables, then this is not a major problem. If you view basements as extensions of the living space then this is a major problem.
Check out local residential construction techniques and building code requirements.
Contact a local civil engineer familiar with residential practices have him or her see the situation and then you can get some specific advice.
Call a lawyer about the responsibilities of the builder in this issue.
Rick Kitson MBA P.Eng
Construction Project Management
From conception to completion