HELP with my DRIVEWAY- I THINK I GOT TAKEN!

[BobbiinPA]

I just recently had a new driveway installed, for years it was loose stones with border made from belgian blocks. THe contract stated that "3 inches of asphalt" was to be installed. He graded the area, (moved some dirt around and rolled the area before pouring asphalt). So the base was small amount of loose stones left on the driveway that he rolled. I have marked the belgian blocks for 3 inch marks all over, so I would know that he poured what he promised. After he was done, it wasn't even close to the marks. Also, I have taken off some belgian blocks throughout the driveway, and every signle one is about 1 1/4 inch of asphalt, not even close to 3 inches. When I told him its not 3 inches, he told me in some area he couldn't do it because the driveway was wavy and that he used 3 inches but when it gets compacted it becomes 1.5 to 2 inches (even though he told me 3 inches compacted when we were negotitating, but the written contract just states 3 inches of asphalt, it does not specify compacted) and he told me I have to pay or he would call the police, so I had to pay him full price I agreed to even though I think he shortchanged me big time on the amount he poured.
I am a single women that does not know much about driveways, but I think I got taken big time. Can someone with some expertise in paving help me and tell me if his story makes any sense. I am thinking of taking him to small claims court, but need to have some questions anserwed before I do that.
1) If the contract states 3 inches of asphalt, does that imply compacted or not?
2) Even if he used 3 inches uncompacted, what would the compacted amount be?
3) What is the industry standard for thickness of residential driveway?
4) What is realistically life expectancy for a driveway with 1 1/4 inch asphalt as compared to 3 inch driveway? I bet that I will have to repair much sooner!
5) What would be fair price adjustment on something like this, if I contracted him for 3 inches, but got 1 1/4.
PLEASE HELP ME WITH THIS, I NEED YOUR ADVICE ON WHAT TO DO NOW and YOUR EXPERTISE WILL BE GREATLY APPRECIATED.

 

[Golfgar4]

First, welcome to TBN.

I'm sorry you had to make your first post about a problem. /forums/images/graemlins/frown.gif

I'm sure that many of the good folks here will be able to help you with the technical side of this problem. I will offer some other information, however.

You might want to contact your local Better Business Bureau to see if there have been any complaints about this particular business. If you don't have a BBB in your area, try your Chamber of Commerce.

You might also contact your local Code Administration Department to find what, if any, codes might apply to your situation. One of their inspectors may be able to come out and inspect the job to see if it meets standards. Along the same line, check with the City Attorneys office to find out what legal recourse you might have. Even though the City Attorney's office may not be able to do anything, they will probably at least put you in contact with a free legal service that you could go to for advice. I know our City Attorney does that all the time when he gets these kinds of calls from a citizen.

I hope this helps. Please keep us informed as to your progress.

Good luck. /forums/images/graemlins/smile.gif

 

[MicroPilot]

When did this happen? How did you pay him? If by check see if you can put a STOP payment on the check, and get some legal advice.

 

[Bob_Skurka]

I won't repeat anything already posted, but I just had my asphalt driveway re-paved. So now I have 2 layers of asphalt on a rock base. The first layer was about 1.5 to 2 inches thick and had been in place for about 8.5 years. It was starting to crack in one area of the drive where there is water runoff. Two weeks ago I had another 1.5 to 2 inches put on top of the existing driveway. So I have a double layer, and it probably averages a bit over 3" total thickness.

I believe my driveway is probably over-built at this point, but I was having a lot of work done at my office and parking area so I had the crew swing out to the house with the thought of doing the repair on the water damaged area and they went ahead and fixed that small cracked area (3' by 14' area) and then repaved the entire drive.

I have really no idea if 3" of asphalt compresses down to 1.5" or 2", but I suspect it would not compress quite that much. However, if the gravel base is in good shape with no underlying water/drainage issues, then you should get 10 years or more out of a driveway if you seal it every 3 years. I got 8.5 years out of a small part of my 1.5" to 2" thick drive and that part was water damaged due to a drainage problem, the remaing 95% of my driveway was in very good to excellent condition and did not need any work.

I don't know if you were "taken" or not, but I suspect your driveway, if the gravel base is solid, will last you for quite a while.

 

[Junkman]

His threat to call the police is just a threat. If had called the police, they would have notified him that it is a civil matter and that he should take his claim to the courts. 3" of asphalt wouldn't compact to 1 1/2" in my best guess. I will check with a friend tonight to see how much compaction is done by rolling. Usually there are two coatings done on a driveway. The base coat, which is usually 2" and the top coat of 1 1/2". I hate to say this, but I believe that you have been had and the quality of the work is possibly sub standard if the contractor cheated on the materials. You have no idea as to how many other things he might not have done properly. If you paid by check, drive to the bank and put a stop payment on the check. If not, go to the local court and fill out the small claims forms. How much money did this job cost and how big is the driveway? As for your question of "driveway life expectancy", that will depend on the preparation of the base more than the actual top material. If the base isn't good, then there is no amount of asphalt that will make up for this. Take pictures with a ruler showing the depth if you have to go to court. Do it now, before he claims that it "settled".

 

[Egon]

Did you select the contractor or did he contact you? Is the contractor local and have an established buisness?

Many times the uncompacted lift is stressed rather than the compacted figure. A 3 in. lift should compact to around 2 in. or a little less depending on mixture type and temperature.

The 1-1/2 lifespan depends on how good the base is, weather conditions and loads it is subjected to.

Note; threating to call police scares many people but in this instance there would have been no police presence unless the argument escalated to violence or the fellow refused to leave your property when asked.

Sorry I've been of no help but another fellow has already given the steps you should take.

Egon

 

[slowrev]

Not so sure I would get code inspectors involved. You might be the one end up paying if things were not done right.

 

[Golfgar4]

You do have a point.

But in my community, generally speaking , our inspectors only would go after the property owner if the owner was doing the work themselves. In most cases, where a contractor was hired to do the work, it is the contractor who is expected to coordinate all permits, etc. and who the inspectors would go after.

I guess I would hope that BobiinPA's local inspectors would work with her on resolving any problems. Unfortunately, that is not always the case, and in BobiinPA's situation, would only add insult to injury. /forums/images/graemlins/crazy.gif

 

[higgy]

Bobbi indicated that the contractor stated that the driveway was "wavey". Wouldn't the site preperation have removed the wavey situation prior to base compaction?

Just a thought.

 

[BillyP]

Asphalt is one of the biggest scams going, in this part of the country. It happens every summer. I've never understood why someone would pay for something they didn't get.

I have a friend that this scam was tried on. The asphalt guys said they had some asphalt left over from a previous job and would lay it in her driveway for $400. After the job was done, they said she owed $800. She paid the 400 and they threatened to call the police. She said go ahead and they left.

If it's not too late, stop payment on the check and go from there.