I'm glad you got a name of a lawyer and I hope you are able to get this straightened out.
My Dad is a contractor and does work in remodeling, building, and everything except for plumbing. He has actually gone into the hole on a job to fix a mistake he's made. This man should be willing to do the same. He's obviously not concerned about his reputation. I would pull all the materials he may have at the job site. Keep them in a safe area where he cannot get them back. (At least recovering a portion of your out of pocket). Do not use him for anything else. Not even to fix this. A week dely to fix his own mistake - he's not going to fix it and may not even show up again. Find you a new contractor. A good way to assure that they are doing a good job is to stick around. Just leave the premises while they are working - at least to begin with - so you can see how careful they are. If they say that something is ok they don't need to do it this way or that - it doesn't matter. Unless they can give you a good reason why not to do a certain thing (it's a weaker contruction - for example) they tell them you want it done your way. It's your house and your choice. My dad has actually given people a good reason for not doing it their way because it was weaker that way. When they insisted he did it their way. Unfortunately they have sometimes been unhappy with the results but since he documents almost every decision that is made he's been ok.
My dad did have to go to small claims once even though the amount he wanted was greater than their limit. He just simply asked for the limit - in your case $5000. It was cheaper to go to small claims so in the end he came out about even. I'm not sure how it works now (this was quite a few years ago) or even how it works in your state. That you'll have to ask your lawyer.
Contractors like this make me so angry because they are giving contractors a bad name - including my dad. I hope he cooperates soon.
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"Always learn the rules so that you can break them properly." Dalai Lama
My Karma just ran over your Dogma.
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