Who is responsible if my new driveway sinks within a year?

Usually the contractor, if the sinking traces back to poor sub-base preparation rather than something outside their control, like an undisclosed drain running under the site. A written workmanship guarantee is what makes this straightforward to resolve rather than a dispute over opinion.

What does a workmanship guarantee actually cover?

Typically defects in how the work was carried out, such as inadequate sub-base preparation, poor jointing, or incorrect falls. It usually doesn't cover damage from something outside the contractor's control, like a tree root growing under the surface years later.

What should I do first if I think a driveway job was done badly?

Document the problem with photos and dates, then contact the contractor in writing and reference any guarantee. Most reputable contractors will inspect and remedy a genuine defect without further escalation being needed.

What if the contractor won't fix a genuine defect?

You can escalate through a trade association the contractor belongs to if they're a member, or through small claims court for the cost of remedy if informal routes fail. Keep all written correspondence and photo evidence throughout.

Who is liable when a driveway or patio installation goes wrong?

By Janice · Updated 2026-07-18

This is general information, not legal advice. If you’re dealing with a genuine dispute over paving work, consider getting independent advice specific to your situation and contract.

A driveway or patio that fails within a year or two of installation is disappointing at any price, and figuring out who’s responsible for putting it right depends mostly on one thing: whether the problem traces back to workmanship or to something the contractor genuinely couldn’t have foreseen.

The general principle

If a surface fails because of how it was built, an inadequate sub-base, poor compaction, incorrect falls that cause pooling, that’s typically the contractor’s responsibility to remedy, and a written workmanship guarantee is what makes that straightforward rather than a dispute over who’s right. If it fails because of something outside reasonable foresight, tree roots that grow under the surface years later, or genuinely severe weather causing damage, liability is less clear-cut and depends on the specific circumstances.

Cause of failure	Typically whose responsibility
Sub-base too shallow or poorly compacted	Contractor (workmanship)
Incorrect falls causing water pooling	Contractor (workmanship)
Materials that don’t match the spec quoted	Contractor
Tree root growth years after installation	Often neither party, depends on circumstances
Damage from a third party (e.g. a delivery vehicle)	The third party responsible for the damage

Why a written guarantee matters so much

A verbal assurance that “it’ll be fine” carries no real weight if something goes wrong later. A written guarantee, specifying what’s covered (workmanship, materials, or both) and for how long, is what actually protects you, and it’s worth asking for one before work starts rather than after a problem appears. Reputable contractors that stand behind their work are generally happy to put a guarantee in writing without being asked twice.

A contractor and homeowner inspecting a section of driveway together, referencing a written document

What to do if something goes wrong

Document the problem clearly: photos, the date you noticed it, and how it’s progressed if it’s getting worse. Contact the contractor in writing, referencing your guarantee if you have one, and give them a reasonable opportunity to inspect and remedy the issue. Most disputes resolve at this stage, since a contractor with a genuine defect on their hands usually prefers to fix it quietly rather than risk a bad review or a formal complaint.

What insurance covers, and what it doesn’t

A contractor’s public liability insurance is there to cover accidental damage they cause to your property while working, a delivery vehicle scraping a wall, or a burst pipe hit during groundwork, not a surface that later fails due to workmanship. Those are two separate things, and it’s worth understanding the difference before assuming an insurance claim is the right route for a sinking driveway. Ask about public liability cover before work starts regardless, since it protects you if something is damaged during the job itself.

Why this is worth thinking about before work starts, not after

The strongest position you can be in is one where a dispute never happens at all. Asking about guarantees, insurance, and how a contractor has handled past defects (their reviews often say more about this than a direct question will) before you hire them shifts the odds firmly in your favour, since a contractor who’s careful about workmanship in the first place rarely ends up on the wrong side of a liability question later. It’s worth pairing that upfront diligence with a check of whether the project itself needs sign-off in the first place: our guide to driveway planning permission covers when that applies before you commit to a design.

If it doesn’t get resolved informally

If the contractor disputes responsibility or doesn’t respond, check whether they belong to a trade association, which often has a dispute resolution process. For the cost of remedying a genuine defect, small claims court is a realistic option if informal routes don’t work, and keeping thorough written records from the start makes that process considerably more straightforward if it comes to it.

Choosing a contractor with a track record of standing behind their work reduces the odds you’ll ever need any of this. Our scoring method weighs completeness and workmanship signals from real customer feedback, and you can compare local options from the directory homepage before you commit to a quote.

FAQ

Who is responsible if my new driveway sinks within a year?: Usually the contractor, if the sinking traces back to poor sub-base preparation rather than something outside their control, like an undisclosed drain running under the site. A written workmanship guarantee is what makes this straightforward to resolve rather than a dispute over opinion.
What does a workmanship guarantee actually cover?: Typically defects in how the work was carried out, such as inadequate sub-base preparation, poor jointing, or incorrect falls. It usually doesn't cover damage from something outside the contractor's control, like a tree root growing under the surface years later.
What should I do first if I think a driveway job was done badly?: Document the problem with photos and dates, then contact the contractor in writing and reference any guarantee. Most reputable contractors will inspect and remedy a genuine defect without further escalation being needed.
What if the contractor won't fix a genuine defect?: You can escalate through a trade association the contractor belongs to if they're a member, or through small claims court for the cost of remedy if informal routes fail. Keep all written correspondence and photo evidence throughout.