We built a house last summer and moved in in September. It included a driveway. Per contract we were to have a driveway to include a 2.5 inches of basecoat asphalt. This was done last August. The driveway they put in was not straight and was narrow so we looked into widening the driveway this spring. I had 3 guys out looking at it this week. I am not very happy with the builder and didn't want to use the sub he used for the driveway. All told me the same thing- that instead of basecoat binder they put topper directly on the stone that the builder put down. They didn't dig out the driveway, and we have no idea how much stone is there. So, I called the guy who did the work last summer and he first complained the builder never paid him- the builder had no problem taking my money. Then he basically tells me that the builder told him to do it this way. He claims he argued with the builder that we needed a binder base coat and after the winter (we love in Upstate NY) he would put on a coat of topper but the builder wanted it this way.

So I have 2 questions. First, is this an issue? I've been told it will most likely start falling apart soon and we will have problems with the driveway. And if I want to widen it I'll need to rip it out and start fresh
And second, what recourse do I have with the builder. He hasn't been very easy to deal with other issues we are having and he claims he did nothing wrong. I have the contract and it clearly states 2.5 inch of base coat. Is this worth suing over? Any ideas?

Thanks