Bricks, Masonry, Asphalt and Concrete - Destroyed driveway

I'm not sure if this is the place to ask this but here goes...

I'm haveing an addition built off the back of my house. The mason came today and started the foundation. When I got home I noticed the driveway is all tore up from the backhoe.

Now I know my driveway isn't in the greatest of shape and was going to have it redone in a year or so but is'nt he responsible for any of this?

I called the contractor and he said he has never in the thirty years he has been working ever seen a driveway get torn up like that from a backhoe driving on it. Said it wasn't done right when it was laid. Said it's only 2" thick over top of stone, must of had major water problems under it. He said they will fill the holes with stone and pack.

Is this right? Should I expect more?

Well, two inches is mighty thin for a driveway.

Hello: Gonegolfin

One can assume, but one knows what happens doing that, that the contractor may or may not be liable. Much depends on contractors assumption the cement was built to the minumum standards of 4 inch reinforced concrete with a proper base.

Whether he should have noticed and or determined in advance is up for discussion. He didn't but may never have had to. Until now.

Now the customer angle. Customer can assume all would be fine and or assume contractor would know in advance or contractor would check prior, if existing driveway would handle the weight of the machine.

Thus both parties are assuming but neither party is fully at fault. Whom was to know the condition of the driveway prior. Now both parties know. Problem is, how to resolve the issue.

Without getting involved in the legal aspects, it is possible to compromise. Which may be the best solution. Only you could determine that.

If damage is severe, where patching would not be acceptable and or an accetpable compromise, a legal issue may be likely. To what extent that is worth those headaces needs to be determined.

Likewise, a settlement. Which would be decided by a judge. Whom you and the contractor are trusting to rule in your favor or his favor. Worse yet, another compromise neither of you have control over. The judge makes the determination and it's final.

If you need free legal advice, click the FreeAdvice link at the bottom of this page.

That will take you to the diy affiliated web site. Should any attorney be needed, seek help locally or click the Attorney Pages below for one in your area....:)

Regards & Good Luck
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It's a blacktop driveway, not concrete. It is destoyed and needs to be ripped up and redone. Totally lost about 4 feet off the end where he had to work. Many buckles and sinks plus a big tore up part right in the middle.

I'm worried about getting water in my finished basement since the driveway is right next to the house.

Now Im looking at between $1000.00 and $2000.00 that wasn't in my budget for the addition and kitchen redo. And since I have this big hole in my yard I'm hesitant on getting nasty with the contactor.

thanks for the reply

H