</font><font color="blue" class="small">( - the contractor is willing to stand behind his work for 3 years. That's a pretty good indicator he's confident in his methods and is aware of the soil conditions that are predominant in the area. If it's going to get damage from frost heave, it's going to happen in that warranty window. )</font>
Three years is an eternity for some people, especially contractors. Just because he says he'll fix or replace it if it cracks, what gantantee do you have that he will still be around? So many come and go that it's hard to keep them there long enough to finish the job.
I wouldn't give any credence to a garantee, but rely more on technique and refrences. Lots of people give garantees without any plans to honor them. It's real easy to offer one, but getting them to answer the phone or show up is a whole different story.
I don't have much for topsoil here, and it does't get cold enough for a freeze to be much of a factor in anything. We almost always just scrape off the vegitation and pour right on the clay.
I've even seen parking lots blacktoped over the clay. This shoocked me, but several years later, and it's still fine, plus I see it being done all the time too, so anything is possilble. /forums/images/graemlins/confused.gif
In your situation, I agree with the others and think you should insist on them building it the way you agreed upon from the beginning. If not, you might want to cancel the project and start looking for another contractor.
Eddie