Why Complaints Happen—and Why They Matter
A new driveway should boost curb appeal, not blood pressure. Yet every year the Better Business Bureau logs thousands of complaints about cracked concrete, disappearing deposits, and crews that never come back. Knowing how to file a complaint against a driveway contractor is the fastest way to turn a nightmare project into a resolved issue—and protect the next homeowner from the same headache.
The good news: you have more leverage than you think. State licensing boards, bond companies, review platforms, and even your credit-card issuer can all pressure a contractor to make things right. This guide walks you through each step, from documenting the problem to collecting on a judgment if you win in court.
Step 1: Get Your Ducks in a Row
Before you fire off an angry email, spend one evening gathering evidence. A well-documented file is the difference between a complaint that gets closed immediately and one that gets you a full refund plus repair costs.
Create a Project Timeline
- Write down the date you signed the contract, each progress payment, and when work stopped or defects appeared.
- Save screenshots of text messages with time stamps.
- Back up everything to cloud storage so nothing “disappears” if your phone dies.
Photograph Everything—Twice
Take wide shots for context and close-ups of the defect. Include a tape measure or coin in the frame to show scale. Re-shoot the same angle under different lighting; cracks that are invisible at noon can look like the Grand Canyon at sunset.
Collect the Paper Trail
- Signed contract (scope of work, warranty clause, start/finish dates)
- Permits pulled (or proof the contractor skipped them)
- Receipts for deposits and final payments
- Product specs (concrete PSI, sealer brand, reinforcement mesh)
- Any change orders—especially last-minute “upsells” you never approved
Step 2: Send a Formal Notice of Defect
Most state laws require you to give the contractor a chance to cure the problem before you can file a bond claim or lawsuit. A one-page letter is usually enough.
What to Include in the Letter
- Your name, address, and job-site address if different
- Contract date and total price
- Bulleted list of defects or unfinished items
- Specific remedy you want (full rip-out and replace, $3,000 refund, etc.)
- Reasonable deadline (10–14 business days is typical)
- Statement that you will pursue “all legal remedies” if the deadline passes
Delivery Tips
Send the letter three ways: certified mail (return receipt), email with read receipt, and tack a copy to the front door of the contractor’s place of business. Save every tracking number.
Step 3: Choose the Right Complaint Channel
Not every complaint belongs in small-claims court on day one. Start with the cheapest, fastest option and escalate only if you hit a wall.
1. State Contractor Licensing Board
Most driveway pavers must hold a C-12 (Paving) or general-concrete license. Visit your state’s contractor board website and file an online complaint; attach your timeline and photos. Investigators can suspend or revoke the license, which gets a contractor’s attention fast.
2. Surety Bond Company
Licensed contractors post a bond (often $10,000–$25,000) that acts as insurance for customers. Ask the licensing board for the bond number and contact the surety directly. Fill out their claim form and include the same evidence packet.
3. Better Business Bureau (BBB)
While the BBB can’t force a refund, many contractors care about their A+ rating. File the complaint at bbb.org; mediators usually get a response within 14 days.
4. Online Review Platforms
Post factual, photo-supported reviews on Google, Yelp, Nextdoor, and Facebook. Avoid insults; stick to dates and dollar amounts. A sudden drop in star rating often motivates a settlement offer.
5. Credit-Card or Financing Company
If you paid any portion with Visa, Mastercard, or a home-improvement loan, request a chargeback or “construction dispute.” Under the Fair Credit Billing Act, you have 60 days from the statement date, so move quickly.
6. Small-Claims Court
For amounts under your state’s limit (usually $5,000–$15,000), small-claims is cheap and lawyer-free. Bring before-and-after photos, the contract, and a written estimate from another driveway company. Judges routinely award the cost of a complete tear-out and repour.
Step 4: Build a Bullet-Proof Evidence Packet
Whether you’re talking to a mediator or a judge, organization wins. Create one PDF or binder with tabs so anyone can follow the story in under five minutes.
Tab 1 – Contract & Payments
Include the original proposal, signed contract, and every invoice or receipt. Highlight the total price, payment schedule, and warranty language.
Tab 2 – Correspondence
Print emails, texts, and the certified-mail receipt in chronological order. Circle the date you first notified the contractor of the defect.
Tab 3 – Photos & Videos
Insert 4×6 prints or full-page screenshots. Label each one: “Crack ¼ in. wide, 3 ft from garage apron, 14 days after pour.”
Tab 4 – Third-Party Opinions
Hire another licensed driveway contractor to write a one-page “defect report” with a repair estimate ($400–$600). Courts love unbiased experts.
Tab 5 – Municipal Records
If the original contractor never pulled a required permit, print the city’s “no permit on file” letter. It proves negligence instantly.
Typical Complaint Timeline (What to Expect)
- Day 1–3: Document defects, send formal notice
- Day 4–17: Wait for contractor’s response (required cure period)
- Day 18: File licensing-board complaint and surety-bond claim
- Day 19–45: Mediation or investigator site visit
- Day 46–60: Settlement offer or rejection; decide on small-claims filing
- Day 61–120: Court date, judgment, and (hopefully) payment
Tip: Calendar each deadline the day you file; missing a 30-day appeal window can kill an otherwise solid case.
What Does Filing a Complaint Cost?
| Channel | Typical Cost | Who Pays If You Win |
|---|---|---|
| State licensing board | Free | N/A |
| Surety-bond claim | Free | Bond company pays you directly |
| BBB mediation | Free | N/A |
| Small-claims court | $30–$150 | Judge can add filing fee to award |
| Expert defect report | $400–$600 | Judge can order contractor to reimburse |
Preventing the Next Headache: Hire Right the First Time
Once bitten, twice shy. Use these quick filters before you sign anything:
Check the License Number in Real Time
Ask for the license number, then verify it on the state board’s website while the salesperson is still in your driveway. If the status says “suspended” or “no workers’ comp,” show them the door.
Demand a Performance Bond (Not Just the State Bond)
A separate performance bond (usually 10–20 % of the job value) gives you another pot of money to tap if the walk-away risk is high.
Write a Milestone Payment Schedule
Never pay more than 10 % down or $1,000—whichever is less—under California law. In other states, split payments: 25 % on day one, 25 % after base prep, 25 % after pour, final 25 % after your satisfaction and lien release.
Get a Conditional Lien Release With Every Check
This prevents material suppliers from coming after you if the contractor skips town without paying the concrete plant.
Frequently Asked Questions
Statutes of limitation vary by state: 2–4 years for breach of contract, 1–3 years for property damage. If you rely on a surety-bond claim, some states require notice within 90 days of the last work. File as soon as you spot the defect to keep every option open.
Yes. You can sue for the cost of replacement, additional damages (loss of use, towing fees if the driveway is unusable), and court costs. If the contractor’s conduct was fraudulent, some states allow punitive damages up to triple the actual loss.
Proceed with your surety-bond claim first; bond funds are shielded from the bankruptcy estate. If you already have a court judgment, file a proof of claim in bankruptcy court. Secured claims (like a mechanic’s lien you filed) get paid before unsecured debts.
Small-claims court is designed for non-lawyers. Contractors often bring attorneys anyway, but judges allow you to speak directly. If your damages exceed the small-claims limit, hire a construction attorney on contingency (they take 25–40 % of whatever they collect).