Damaging a private road within a HOA Community

We have a group of 10 lots in our community whose only access is via a private road. Currently only 4 of the lots have homes built on them. As a private road, the HOA has no responsibility for the maintenance of the road. That responsibility resides with the 10 homeowners. The road is blacktopped and is about 15 years old. It was in reasonably good shape for its age since the use was minimal. Recently one of the four homeowners at the top of the road decided to build a pool on his property. To do so, required the use of extremely heavy construction equipment and the hauling in on tons of gravel. The result is this tore up the road to the point it is now riddled with huge potholes and is marginally usable. The other owners approached the individual owner building the pool about the damage and both him and the construction company deny any liability. Has anyone experienced such a situation in their community and if so, how was it resolved?

OP started two thread, the other has the most replies so I would suggest following up there.