I had a new asphalt driveway installed 4 months ago at a cost of $5500. The proposal guarantees the workmanship for 1 year. We recently noticed low spots and cratering over a substantial portion of the driveway, serious enough that my car rocks back and forth going up and down the driveway. I am meeting with the contractor rep this week and am anticipating that he will claim not a workmanship issue. In my state, small claims are $5000 or less. If I need to force the issue, what is the best approach. Should I get repair estimate, hire a lawyer or what? Any advice would be appreciated.

My experience is in inspection of road and bridge construction for a State Highway agency.
Unless the paving was a deep resurfacing which wasn't compacted properly, it sounds like a foundation problem, especially if the low spots are showing alligator cracks. Is there a drainage problem in the driveway area? Could the ground be staying saturated? Is there truck traffic on this driveway?
Did the contractor install a stone foundation?
Was there discussion about the foundation before signing documents?
I think a lawsuit is out of the question. You will need an expert and testing to prove that any of the materials or workmanship or possibly foundation was inadequate. I think the cost of all that will be prohibitive.
I suggest: 1) Try to get the contractor to stand behind his work and if he is going to do repairs, get another opinion (putting more on top may do the same thing in a few months)
2) If he won't, take him to small claims and hopefully get enough funds to put toward a better job.
I had a similar project that deteriorated within a few months. We tried to pin it on the contractor's hot mix asphalt. After we removed the 1/4 mile roadway surfacing, we found that it was a soil problem that was not readily apparent.
If you can provide more detail, I might have a different opinion.

First you would not be sueing for the complete value of the driveway but on the value or cost of the repair.

So first they may just come in and fix it so case solved, that is the first thing to hope for.

After that if they won't fix it, you get two or three estimates for fixing it, and sue them for that amount.

Quote:

---

Originally Posted by smearcase

My experience is in inspection of road and bridge construction for a State Highway agency.
Unless the paving was a deep resurfacing which wasn't compacted properly, it sounds like a foundation problem, especially if the low spots are showing alligator cracks. Is there a drainage problem in the driveway area? Could the ground be staying saturated? Is there truck traffic on this driveway?
Did the contractor install a stone foundation?
Was there discussion about the foundation before signing documents?
I think a lawsuit is out of the question. You will need an expert and testing to prove that any of the materials or workmanship or possibly foundation was inadequate. I think the cost of all that will be prohibitive.
I suggest: 1) Try to get the contractor to stand behind his work and if he is going to do repairs, get another opinion (putting more on top may do the same thing in a few months)
2) If he won't, take him to small claims and hopefully get enough funds to put toward a better job.
I had a similar project that deteriorated within a few months. We tried to pin it on the contractor's hot mix asphalt. After we removed the 1/4 mile roadway surfacing, we found that it was a soil problem that was not readily apparent.
If you can provide more detail, I might have a different opinion.

---

No drainage problems. No discussion about foundation before proposal written. Contractor used four inches of "compacted' gravel. This is the third driveway on this property which is almost 50 years old. Thanks.

If he put the base gravel in, he should have noticed if soil base was "pumping" or otherwise inadequate just by the reaction to his trucks and equipment running on it. If you don't have alligator cracking in the low spots, it is probably not a soil base problem.
My best hunch at this point is the asphalt material cooled before it was rolled and asphalt doesn't compact completely when it gets below approx. 175 degrees. That would normally produce a rut where the vehicle tires usually travel. Unless you have a semi you park there frequently (but then a truck only takes one pass to cause damage), the contractor should fix the driveway. My concern would be the method of repair. If he adds another lift of hot mix, try to get him to do some special compacting over ruts/depressions. Problem is that a regular steel wheel roller will span across the ruts istead of compacting material in the rut. A small rubber tired roller or even hand (wacker) comapction over the ruts is better. If there are alligator cracks in the depressions, it could still be a foundation problem. Workmanship includes in its definiton--quality of work. Regardless of the cause (except unusual loads or abuse) he should make it right in my opinion.

Appreciate your comments. No alligator cracks-no cracks of any kind. From bottom of my driveway at night with my headlights on, it looks like a long section of rolling hills and depressions. . Meeting with rep tomorrow.Thanks again.

Stopping a roller too abruptly can cause that type of waffling also.
Good luck to you.