We had our asphalt driveway redone. The day it was completed we noticed it was rough and pitted throughout. There are areas where the pits or crevices are an inch deep. It looks terrible and we are concerned that it was not compacted correctly and that it will not hold up over time. After contacting the contractor, he stated he is also concerned about how it turned out, but assured us he will fix it when it warms up in the spring. Initially he stated he would use a material with sand to fill in the holes and areas of pitting. When we responed that "fixing" it with a patch didn't meet our expectations of the brand new driveway we paid for and that we felt it needed to be torn up and redone, he got irritated. When asked what the "fix" was he was referring to, he refused to say but stated he would fix it.

Questions: is there a structually sound "fix" for this type of problem that will still allow the driveway to hold over time? What type of fix is it?

What recourse do we have if we aren't satisfied with the outcome? Take him to court?

I guess the contractor did not remove old asphalt and apply new. Your original driveway must have been pretty old to not hold up to a relatively easy fix; mostly on a good driveway surface an application of sealer done by the owner brings the driveway up to snuff. Why don't you wait and see how he performs with his fix. In our climate, which is southeastern Ontario, asphalt is not done until late May.