New asphalt driveway pools water; contractor says I approved the grading and offers a swale. What would you do?
I’m in Minneapolis and had a roughly 2,600 sq. ft. asphalt driveway installed on September 28. The quote calls for the base to be graded and compacted for proper drainage and for 3 inches of asphalt after compaction.
Before paving, I texted the contractor about a soft, settling spot where the old driveway used to hold water. I sent a photo marking the area and raised the concern again before the paving crew arrived. The new driveway pooled water in essentially that spot right after installation. There’s also a smaller puddle near the AC unit. I have photos of the water and of drainage arrows the prep crew marked on the base. Some of the finished driveway appears flat or slopes differently from those arrows.
The company’s proposed fix is to heat and reshape several areas with infrared equipment, possibly creating a shallow swale to carry water away. Their representative has since said a swale is the solution they’re offering and that they won’t cut out the asphalt and regrade the base. I’m concerned that this would address one puddle without resolving the broader grading or the soft spot I flagged.
He also said I had a conversation with the crew in which I told them not to slope the driveway as planned. I dispute that. I have video covering the paving day and am reviewing it, along with the written messages I sent beforehand. I don’t want to claim the video proves more than I can verify, but I did not agree to a driveway that holds water.
I haven’t made the final payment. I’d appreciate advice from paving contractors or homeowners who have dealt with this:
- Is a broad, shallow swale a reasonable correction for a newly installed driveway, or should the affected area be removed and the base regraded?
- What measurements or independent inspection would establish whether the overall drainage and base meet the quote?
- Would you pay, negotiate a written holdback while it’s assessed, or get another company’s repair estimate first?
- If another company ultimately has to redo part of it, what should I document before anyone touches the driveway?
I’m particularly interested in practical next steps and what a sound finished repair should look like. I can add photos of the pooling, the prep markings, and the relevant quote language.
The one photo with base layer is me pointing out that it was still soft, on multiple occasions, before they laid asphalt.