Hardwood under hearth

Hello - we are in the process of replacing our hardwood floors in our home that is just over 10 years old. We are finding that our stone hearth was placed on top of the hardwood floor which we understand not to be compliant with code. This was a new construction Van Metre home at the time we purchased. Do we have any recourse with Van Metre at this point? The issue is that we may need to remove the stone from the bottom of the hearth in order to properly remove the old floor and will undoubtedly have to re-mortar, all at our expense.

 

OUCH! Why not call Van Metre and see if they can rectify this if this was against code?