Driveway Damage After Construction: Getting Contractors to Pay

Driveway Damage After Construction: Why It Happens & Who Pays

Heavy trucks, tracked equipment, and material deliveries can crack, rut, or even break through a residential driveway in a single day. If the damage happened while a contractor was working on your property—or the city’s—getting them to pay for repairs is possible, but only if you follow the right steps. This guide walks you through the entire process, from spotting the first hairline crack to cashing the final reimbursement check.

How to Spot Contractor-Caused Damage

Not every crack is the contractor’s fault. You need proof that the harm is new and directly linked to their activity.

Take “Before” Photos—Even After the Fact

If you skipped the pre-job photo shoot, all is not lost. Scroll back through security-camera footage, Google Street View, doorbell snapshots, or neighborhood social-media posts. Any dated image that shows an undamaged slab can serve as your baseline.

Document the Day-of Damage

• Shoot wide-angle video that captures the entire driveway, then zoom in on each crack or chip.
• Photograph tire tracks, fluid spills, and equipment serial numbers.
• Record the date and time stamp; email the files to yourself to lock in the date.

Bring in an Unbiased Third Party

A local home inspector or a certified concrete technician can write a one-page opinion letter for $150–$250. That outside validation carries weight when you present the claim.

Who Is Legally Responsible?

Private Contractors Working on Your Property

If you hired them, your contract governs. Most standard agreements include a clause about “protection of existing improvements.” Read it carefully; it may limit their liability to “repair or replace, at contractor’s sole option.” That still means they pay—you just don’t get to choose the highest-end fix.

Utility or City Crews Working in the Right-of-Way

When the water department trenches across your apron, they are usually liable up to the curb line. After the repair, they often patch only the section they disturbed. If the rest of the driveway settles later because of their compaction error, document it quickly; municipal claim windows can be as short as 30 days.

Subcontractors You Didn’t Hire

Roofers, HVAC crews, or solar installers hired by the previous owner can still be on the hook if you can prove causation. Request a certificate of insurance (COI) from any subcontractor that steps on your property; it’s free and tells you which carrier to contact.

Building an Iron-Clad Evidence File

Create a Timeline Folder

1. Save the original proposal and any change orders.
2. Keep a daily log of trucks arriving (license plates help).
3. Store photos in a cloud album named “Driveway Damage 2024.”
4. Save receipts for any emergency crack sealing so you can include it in the claim.

Get Two Repair Quotes

Obtain written estimates from two reputable driveway companies. Ask each to break out demolition, disposal, base repair, and surface costs. Presenting two quotes shows you’re not price-gouging and speeds up adjuster approval.

Keep Communication Written

Text messages are admissible. After every phone call, send a short email: “Per our call today, you stated the skid-steer did not pivot on my apron. See attached photo of the tread marks dated 6-10-24.” Paper trails win claims.

How to Ask for Money Without Burning Bridges

Open With Assumption of Good Intent

Send a polite email titled “Minor driveway repair needed—let’s resolve quickly.” Attach the two quotes and your timeline folder. Give them 10 business days to respond. Most legitimate contractors prefer to settle rather than risk their insurer.

Offer a Repair, Not Just a Check

Some firms would rather write you a check for 80 % of the quote and move on. Others want to control the repair so they can use their preferred crew. If the price is fair and the warranty is in your name, letting them handle it can be faster.

Escalate to the Insurance Carrier

If you hit a wall, forward the same packet to the contractor’s general liability carrier. The policy number is on the COI. Use the subject line “Third-party property damage claim—[Contractor name]—[Date of loss].” Adjusters typically respond within 14 days.

Prevention Tactics for Future Projects

Add a Driveway Protection Clause

Insert one sentence in the contract: “Contractor shall protect existing asphalt/concrete driveway with ¾-inch plywood or ground-protection mats under all heavy equipment; any damage shall be repaired at contractor’s expense within 30 days.”

Require a Performance Bond on Big Jobs

For projects over $25 k, ask for a bond. It costs the contractor 1–3 % of the job price but guarantees funds are available if they disappear or refuse to fix damage.

Install Temporary Access Pads

Renting composite matting for $2 per square foot for a week is cheaper than a $6,000 driveway replacement. Offer to split the cost; most crews will accept because it speeds up their schedule.

What Driveway Repairs Actually Cost in 2024

Having real numbers helps you judge whether the contractor’s offer is fair.

Spot Repairs

• Asphalt patch: $75–$150 per 10 sq ft
• Concrete section replacement: $250–$400 per 5 sq ft section

Partial Replacement

Replacing the first 10 ft of an asphalt driveway (the most vulnerable section) runs $1,200–$2,000 including saw-cutting, disposal, and tack coat.

Full Driveway Replacement

Typical two-car asphalt driveway (600 sq ft): $4,500–$7,000. Stamped concrete or pavers: $8,500–$12,000. Always ask for a pro-rated deduction if the driveway was already 15 years old; insurers owe you only the depreciated value unless you negotiate “betterment” wording.

Frequently Asked Questions