Driveway settles, contractor won't fix it

[RedRooster]

Last fall we got a paving stone driveway put in. Earlier in the spring last year we had significant settling in our front yard and driveway(both just dirt/gravel) from moisture, and we presumed that was all it was going to do.
One week after getting the new driveway, about an 8' diameter bowl shape(4-6" deep in the middle) formed in our driveway from even more settling.
When my wife asked the contractor last fall if he could fix it under some kind of guarantee he said no.
Now that winter is gone and its almost dry I want to call back and ask again. Should I even bother? I would think they'd take at least a little pride in their work, considering the obscene amount of money we paid for it.

 

[imported_Phil]

Er, fvcking yes?! Drag his ass in front of a judge if you need to.

A few years, maybe not. After a week, he should be bending over backwards.

 

[Axoliien]

You should check your contract to see what it covers. If they did the job incorrectly then I think they should have to fix it by contract, and I would fight it. If it was cheap I wouldn't bother, but anything expensive I always try to get through to them.

 

[RagingBITCH]

What they said. Check the contract. It could just be geological and not their problem since that's a part of your house and property.

 

[FoBoT]

good luck with a contractor, you'll probably need a lawyer to get them to do anything, then how good of a repair can you expect after you sued them?

 

[Maximus96]

sue them for money and hire somebody else to fix it.

 

[mrchan]

Originally posted by: Phil
Er, fvcking yes?! Drag his ass in front of a judge if you need to.

A few years, maybe not. After a week, he should be bending over backwards.

Unless I am reading incorrectly, OP had the work done last fall.

 

[Kelemvor]

Let them know that you'll be putting a big sign in your driveway that says they are the ones that put it in and that you'll include big pictures of the hole and how they were unwilling to fix it.

 

[Maximus96]

Originally posted by: FrankyJunior
Let them know that you'll be putting a big sign in your driveway that says they are the ones that put it in and that you'll include big pictures of the hole and how they were unwilling to fix it.

and make OP the eyesore of the neighborhood? just sue them instead...

 

[BobDaMenkey]

I'd check over your contract with the guy. They probably don't have anything that comes up under any sort of guarantee. Sucky, but if that's the case then your SOL.

 

[eshtog]

Why should they fix it if its a geological problem?

 

[nakedfrog]

If you were a Stonecutter, you wouldn't have this problem.

 

[zanieladie]

Check with a lawyer in your area for some sound legal advice.

 

[imported_Phil]

Originally posted by: mrchan

Originally posted by: Phil
Er, fvcking yes?! Drag his ass in front of a judge if you need to.

A few years, maybe not. After a week, he should be bending over backwards.

Unless I am reading incorrectly, OP had the work done last fall.

One week after getting the new driveway, about an 8' diameter bowl shape

 

[Iron Woode]

Originally posted by: eshtog
Why should they fix it if its a geological problem?

its not a geological problem.

Its a contractor-doesn't-know-what-the-hell-he-is-doing problem.

when it is laid properly there will be little to no movement for years. A proper bed must be put down first. That bed should be up to 18 inches deep with packed down sand and pea stone.

This is a driveway not a sidewalk. It must be able to support the weight of cars and trucks.

 

[altonb1]

Originally posted by: Iron Woode

Originally posted by: eshtog
Why should they fix it if its a geological problem?

its not a geological problem.

Its a contractor-doesn't-know-what-the-hell-he-is-doing problem.

when it is laid properly there will be little to no movement for years. A proper bed must be put down first. That bed should be up to 18 inches deep with packed down sand and pea stone.

This is a driveway not a sidewalk. It must be able to support the weight of cars and trucks.

The way I drive, sidewalks also should support the weight of cars and trucks!

 

[MikeyIs4Dcats]

Originally posted by: RedRooster
Last fall we got a paving stone driveway put in. Earlier in the spring last year we had significant settling in our front yard and driveway(both just dirt/gravel) from moisture, and we presumed that was all it was going to do.
One week after getting the new driveway, about an 8' diameter bowl shape(4-6" deep in the middle) formed in our driveway from even more settling.
When my wife asked the contractor last fall if he could fix it under some kind of guarantee he said no.
Now that winter is gone and its almost dry I want to call back and ask again. Should I even bother? I would think they'd take at least a little pride in their work, considering the obscene amount of money we paid for it.

Based on what you stated, this is a non-related occurence. The settling problem was a pre-existing condition over which the mason had no control. He is not liable for any correction of the work without you paying additional. From what you descirbe, his work may very well be spectaular...if the subgrade settles, ANYTHING laid over it will be affected adversely. Unless he was specifically contracted to prepare the subgrade (which often times is done by a seperate contractor) you have no recourse. The typical base preparation for a concrete or brick drive is 4 to 6 inches of crushed stone or gravel. If the dirt beneath was existing, that is beyond the scope of his work.

 

[xSauronx]

Originally posted by: MikeyIs4Dcats

Originally posted by: RedRooster
Last fall we got a paving stone driveway put in. Earlier in the spring last year we had significant settling in our front yard and driveway(both just dirt/gravel) from moisture, and we presumed that was all it was going to do.
One week after getting the new driveway, about an 8' diameter bowl shape(4-6" deep in the middle) formed in our driveway from even more settling.
When my wife asked the contractor last fall if he could fix it under some kind of guarantee he said no.
Now that winter is gone and its almost dry I want to call back and ask again. Should I even bother? I would think they'd take at least a little pride in their work, considering the obscene amount of money we paid for it.

Based on what you stated, this is a non-related occurence. The settling problem was a pre-existing condition over which the mason had no control. He is not liable for any correction of the work without you paying additional. From what you descirbe, his work may very well be spectaular...if the subgrade settles, ANYTHING laid over it will be affected adversely.

thats what i was thinking, theres clearly settling elsewhere on the property, how is that the fault of the contractor that it also happened to settle on the area of the property over which a driveway was laid?

sounds like one of those "life sucks" type of things. the kind where life sucks and you really cant make someone be responsible for it.

except god. sue god. now.

 

[Squisher]

If it has to be fixed on your dime, it shouldn't be too much of a big deal with pavers. Pry them up, throw in some more sand, tamp it down, put the pavers back, brush some sand over it, and hose it down.

 

[bctbct]

IMO the contractor had the duty to inform the owner in writing that ground needed proper preperation OR should have done the compaction himself.

Same as a builder building a house and not installing a foundation.

 

[JinLien]

Originally posted by: altonb1

Originally posted by: Iron Woode

Originally posted by: eshtog
Why should they fix it if its a geological problem?

its not a geological problem.

Its a contractor-doesn't-know-what-the-hell-he-is-doing problem.

when it is laid properly there will be little to no movement for years. A proper bed must be put down first. That bed should be up to 18 inches deep with packed down sand and pea stone.

This is a driveway not a sidewalk. It must be able to support the weight of cars and trucks.

The way I drive, sidewalks also should support the weight of cars and trucks!

Depends on the drainage but 6-8 pack road base should do it.

It could be that there is an air pocket and/or water current under the drive way that cause the problem. However, the contractor should come and fix the problem promtly. Report the problem to the BBB, and make a written complaint to them. Have a lawyer check into the problem if the witten complaint isn't rectify. Get another contractor to fix it, then stick the bill to them in court.

 

[MikeyIs4Dcats]

Originally posted by: bctbct
IMO the contractor had the duty to inform the owner in writing that ground needed proper preperation OR should have done the compaction himself.

Same as a builder building a house and not installing a foundation.

impossible to tell without soil testing...

 

[JinLien]

Originally posted by: MikeyIs4Dcats

Originally posted by: bctbct
IMO the contractor had the duty to inform the owner in writing that ground needed proper preperation OR should have done the compaction himself.

Same as a builder building a house and not installing a foundation.

impossible to tell without soil testing...

What are you smoking?
If a contractor built my house and the foundation footing creeps with in a few months I'll give his ass a whooping in court.

 

[MikeyIs4Dcats]

Originally posted by: JinLien

Originally posted by: MikeyIs4Dcats

Originally posted by: bctbct
IMO the contractor had the duty to inform the owner in writing that ground needed proper preperation OR should have done the compaction himself.

Same as a builder building a house and not installing a foundation.

impossible to tell without soil testing...

What are you smoking?
If a contractor built my house and the foundation footing creeps with in a few months I'll give his ass a whooping in court.

there's a difference in building a structure and laying paving for a driveway. Soils tests are not even required by building code by are recommended. For residential work, they are very rare. For the most part, compaction of the subgrade is done, but if there is a major problem with the subgrade, it may not be visible or apparent until something like this happens without testing. In many cases, simple compaction will work but thn when there is a large rainfall or groundwater influx, everything can go to sh!t.

In this case, the homeowner was aware there had been major issues wih settlement, and apparently did not retain an engineer to investigate the matter, nor did he notfiy the contractor. This is a mitigating factor. The contractor may very well have done his due diigence, compacted the subgrade, and still had this problem. If he was not copntracted to perform soils testing, have engineering review done, or place select fill, this is outside his scope of work.

I work for a general contractor doing commercial work, and this isn't my first time at the rodeo. Take asphalt parking lots for example: the subgrade prep is all done by an excavating contractor. The paving company merely places the asphalt. It is not his responsibility to replace paving if the excavator did not prepare the subbase correctly.

 

[Talon]

RedRooster,

Try contacting the province's Consumer Protection Branch. They should be able to give you some advice.

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Check the terms of your contract. A skilled contractor should be familiar with the soil conditions in their area of business and take the proper steps to ensure a quality job. The driveway should not have faulted in just a week. Good luck.