
Quoting
adjusterjack
Of course it's an acceptable action for the court. Is that really what you wanted to ask?
There is no guarantee that you'll win and, if you win, there is no guarantee that you will ever collect.
OK, so the driveway has been that way for more than two years. You've certainly had enough rain storms in that time. Has water accumulated where it wasn't supposed to? If yes, did you think to take photos documenting the condition?
If there have been no instances of water accumulation, I'm not sure that you have anywhere to go with a lawsuit.