If I've requested a refund from a poor inspection that has left me with structural issues with a new build home, can I sue if I receive a refund for the service fee?
Whether you can sue the inspector for any losses or costs you suffered due to their negligence negligence or carelessness depends on the terms of the contract or service agreement you signed with the inspector. Many of those contracts have clauses limiting the "damages" or "recovery" you could seek to a refund or return of their fee; if there is such a limitation, it is legal and enforceable and you can't sue for more than the fee you paid.
If there is no such contractual limitation, you should be able to sue for other losses or damages. Your first step, therefore, is to review the contract or agreement to see what limitations you may have on suing.