Driveway Problems

iainroome

Hi All
In September 2019 are family moved into our new self build. In October the builder began to lay blinding to the driveway although it was stated that a gravel driveway would be installed. That has never happened.
By January/February 2020 the driveway, which is extremely long, began to fill with water to a point even the Royal Mail wouldn’t chance using it. As we expected, extremely large potholes began to appear. We spoke with builder who said that driveway was to the water line however it is quite obvious it falls to a dip at that point.
After a year of putting up with his excuses they installed a soak away drain. This worked but the pot holes just got bigger and bigger. He said he would go halfers to fix it. To date November’21 it still hasn’t been done. That’s nearly 2 years. Can you please advise who is liable for fixing it?
This our final pitch before going to our Solicitors.
Thank you in advance.

Doozergirl

What's in the contract and specification? 

We can't possibly know who is responsible for what.  It's an individual contract.  

iainroome

The builder had the responsibility for the drive within contract and was also paid for this work.
He has failed to repair his work even after all this time.

FreeBear

How is it constructed ?

A domestic driveway should have ~200mm of soil dug out. Depending on ground conditions, a geotextile laid, followed by ~150mm of well compacted aggregate - This can be something like MOT1, crushed brick/concrete, or crushed limestone.

Once a solid and level base has been prepared, the final surface can be put down - This may be gravel (best retained with a gravel grid), paving blocks (laid on a bed of sharp sand), or tarmac/concrete (requires planning permission and is not the best of surface to have). See https://www.pavingexpert.com/ for more details on driveway construction.

A reputable builder would know all of the above and done a "proper job". If you have potholes forming, that would suggest that preparation was lacking.

iainroome

Thanks for your post.
On top of soil, a layer of hardcore and on top of that, blinding.

Bendy_House

This is all raised above the surrounding ground level? How is it framed/secured?

And how much hardcore?

iainroome

Hi
The driveway is surrounded by kerbing. The hardcore is raised to allow a finishing layer of eg tarmac
What I’m trying to establish is from my initial post of who is responsible for the driveway deterioration within a few months of being laid. My reckoning is the builder should make good.
The builder was paid for this work and now after two years of excuses the driveway is filled with huge potholes and still no sign of them fixing it. The driveway finishing layer was that of blinding. A further layer of gravel was to be added. That hasn’t happened yet either. This is my last pitch to see if I need to contact my solicitors.
Thanks

Bendy_House

If the driveway hasn't been finished to the spec you asked for - and it would appear that the gravel layer, at least, is missing - then surely it's quite clear the company is remiss?

How clear a record do you have of what the spec should have been?

GDB2222

iainroome said:

Hi
The driveway is surrounded by kerbing. The hardcore is raised to allow a finishing layer of eg tarmac
What I’m trying to establish is from my initial post of who is responsible for the driveway deterioration within a few months of being laid. My reckoning is the builder should make good.
The builder was paid for this work and now after two years of excuses the driveway is filled with huge potholes and still no sign of them fixing it. The driveway finishing layer was that of blinding. A further layer of gravel was to be added. That hasn’t happened yet either. This is my last pitch to see if I need to contact my solicitors.
Thanks

Yes, clearly you need to get legal advice. It’s a shame that you paid the builder in full, really.

Was your contract with a limited company? Sadly, it may not be worth suing a small private company, as it’s all too easy to fold the company and start a new one.

Bendy_House

Do you have LP on your HI?

iainroome

Bendy_House said:

If the driveway hasn't been finished to the spec you asked for - and it would appear that the gravel layer, at least, is missing - then surely it's quite clear the company is remiss?

How clear a record do you have of what the spec should have been?

Yes i do
also pics