The patch is that area next to the tree? What was the problem prior to the patch, it had sunk in that area? Entire driveway was a replacement of old with a widening too? Probably tree roots were cut at some point/some other organics composted and left pockets. The "soft" area should then have been removed and replaced with base compacted in lifts. As far as aesthetics, after your first sealcoat next year or two it will blend in better.

The old driveway was removed and before installing the new asphalt they did not put a stone base. “The ground was hard enough.” But there had been constant puddling from the street water turning into my driveway ( which has been corrected) in the area that is patched so the ground there may have been wet when asphalt was poured. After they paved the grading failed. It sank. They poured a second layer of asphalt in an effort to proper,y grade but it sank again. So they patched it to achieve the proper grade. Now they want to return for a third time with an infrared machine to repair the patch and put sealant to make the seams disappear.

Here’s another picture of the patch after a rain with surface water collecting.

Whether they did a single layer of asphalt or a binder+topcoat, both need a gravel base. I would assume they reused the old one. The only way of a good repair of a soft spot is dig out and compact lifts of gravel. I suspect the callbacks are biting them dearly from not doing it right the first time. Your estimate form you signed into a contract probably states how they were going to do the driveway.

-They reused the old base which, in the center of the driveway, was clay with not many rocks, a layer of milled asphalt, then clay. He did not show me the base at edge of the driveway that sunk. The contract states, “Install CR 6 stone as necessary to entire area of construction to ensure a proper base for new construction of hot asphalt mix.” He claimed it wasn’t necessary. But I can assume that the repeated sinking proves it was nevessary?

My question is, now that there are two layers of asphalt under the patch is it strong enough or will it fail in 4 years?

But the big question is should the portion that has no stones be redone with proper stone base added?

Thank you much for your help. It’s very difficult for the average person to understand this process.

The contract states, “Install CR 6 stone as necessary to entire area of construction to ensure a proper base for new construction of hot asphalt mix.”

Pretty much sums it up, they now have a failure for not providing it. CR-6 is "crusher run" I believe the "6" is 3/4" minus (regional terms vary). It is appropriate base, just apparently not utilized. For a residential driveway, they do not test the base for support and compaction as you would a parking lot or roadway. What they typically do is evaluate tire ruts and sinks in the old driveway and note to fix the base in those spots. They also might run their Class C/D truck over the exposed base to see soft spots. The base should be recompacted, even though using the old. There is a whole other chapter on grade of asphalt and things like using a vibratory roller, but it seems it's just a case of a base failure here.

Whether the layers of asphalt holds up is unknown. It could if the sink was limited to only 2". It may last perfect with your "little cars" until 4 years from now when your furniture delivery truck rolls across it. I don't know how deep it went, but using the asphalt (tar-coated gravel) down deep may hold water and lead to deterioration of that spot with freeze/thaw (the CR-6 would allow drainage).

Thank you for your explanation. It is good to have expert input.

Now I am faced with a dilemna.

On the foward half of my driveway adjacent to my house they did put about 2-3” of stone. The soft spot is on the half that leads to the street.

Do I ask for a partial refund and hire a competant company to redo the failed half?

Or do I ask for all my money back and hire a competant contractor to redo the whole driveway?

What would you do?

I have asked the company for a refund but have not yet addressed their failure to add the stone base because this thread has provided me with that info.. They responded that a refund is unreasonable because the driveway consists of “minor surface” defects. (My current complaint is for the 15’ patch and a puddling issue). They admit the original project was insufficient but claim “the repaving 4.5 “ of “compacted asphalt” far exceeds industry standards which is more than I paid for, and it will last for many, many years.“

In my state I am able to take this matter to a Liscencing Commision. They will take it out of my hands. I do not think they would approve of this shoddy work. But I am still not sure what is right. They want to meet and are willing to resolve this to my satisfaction.

It was a nightmare when they were here.

I would like to get input on a couple things about my new driveway please. My concern is longterm effects of water.

They were supposed to grade it to the right so water would go to my property. They failed to grade (soft ground, no stones layed) it and after laying two layers of adphalt they put in a 15’ patch which creates standing water in the middle of the driveway. Is this acceptable? Will it eventually weaken the driveway?

My new driveway is blocking water on my neighbors property. It accumulates 3” at the burm - partly due to his downspot which is 10’ away, and the rain. The soil is clay so it remains for about 20 hrs. Since they did not put stone under the asphalt will this water eventually harm the asphalt? It has 3 layers of asphalt- 4 1/2”?