Driveway failures range from the frustrating (an asphalt surface that deteriorates faster than promised) to the fraudulent (a thin coat of sealer applied over an uncleaned surface that peels off within weeks). Here’s what to do when driveway work doesn’t deliver what was promised.

“The homeowners who have the most success getting resolution after a bad driveway job are the ones who have two things: the delivery ticket from the asphalt plant that shows the mix temperature and designation, and photos of the excavation depth taken before material went in. Without that documentation, a contractor can always claim they did what they said. With it, you have objective evidence.”

— Yusuf Abara, licensed paving contractor and civil construction specialist with 19 years of experience in residential and commercial asphalt and concrete installation in the local area

Step 1: Document the Problem

Construction workers laying concrete for a driveway in Fort Worth, Texas, under a bright blue sky.

Before contacting anyone, photograph the failure thoroughly:

  • Asphalt failures: Cracking, edge deterioration, surface ravelling (aggregate loosening), settling, or heaving. Photograph the extent across the full driveway, close-ups of specific failures, and any drainage problems.
  • Concrete failures: Surface scaling, cracking between control joints, settling, or spalling. Note whether failures occurred after de-icing salt use or in areas that were not adequately cured.
  • Sealing failures: Peeling, bubbling, or thin coverage. Photograph areas where the sealer has failed and where the original surface is visible through it.

Also document: when the work was done, what weather conditions preceded the failure, and any first-year care you did or didn’t provide (de-icing products on concrete, vehicle restrictions on fresh asphalt).

Step 2: Review Your Contract and Warranty

Pull out the original quote and contract. What was specified — base depth, material type, surface thickness? What warranty was provided?

If the specification in the contract was not delivered — a base depth that was shallower than agreed, a surface thickness that was less than specified — that is a breach of contract regardless of whether a deficiency is visible yet.

Step 3: Contact the Contractor in Writing

A contemporary suburban house with a large driveway, ideal for family living.

Send an email to the contractor describing the failure specifically:

  • What the problem is and where it occurs
  • When you first noticed it
  • Your expectation that it’s covered under the workmanship warranty
  • A request for an inspection and remediation

Give 5–10 business days to respond.

Step 4: Get an Independent Assessment for Significant Failures

For significant failures — widespread cracking in the first two years, asphalt that has clearly inadequate base, concrete scaling throughout the surface — an independent assessment by a civil engineer or paving consultant establishes the cause. This assessment:

  • Confirms whether the failure is a workmanship issue (incorrect base, inadequate thickness, wrong material)
  • Documents what remediation is required
  • Provides objective evidence for warranty claims or legal action

A core sample taken from the failed asphalt can confirm the actual compacted thickness — this is the most direct verification that the specified thickness was or wasn’t delivered.

Step 5: File Complaints

Your local consumer protection office (consumerprotectionontario.Ca): Particularly important for door-to-door sealing fraud or deceptive sales practices. Your local consumer protection office actively investigates paving and sealing complaints.

Better Business Bureau: Creates a public record.

Toronto Police Service (or local police) for door-to-door fraud: Door-to-door driveway sealing fraud is a criminal matter in some circumstances. Contact local police if you believe you’ve been defrauded by a crew that misrepresented their materials or services.

Step 6: Small Claims Court

For unresolved disputes within the regional limit (up to $35,000 in many regions):

  • The original contract and quote
  • The warranty document
  • Any delivery tickets from the material supplier
  • Photographs documenting the failure
  • The independent assessment
  • Cost estimate for remediation or full replacement

A Note on Door-to-Door Sealing Fraud

If you paid a door-to-door crew for sealing work that clearly delivered an inferior product — material that peeled within weeks, applied without proper prep — this may constitute fraud. Your region’s consumer-protection law provides specific rights for contracts entered into following a direct sales approach, including a 10-day cooling-off period. If the work was just done, you may still be within this period. Contact your local consumer protection office immediately.

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