You're being more patient than I would be. Call and tell him you want a definite, full-time start date and ask how many workers will be on the job or will it be just him. Let him know you won't take any more delays and no-shows.
Telling him you're unhappy with his work ethic, you'd rather he didn't return and that you want a refund should get some kind of an ernest response if he really wants the job.

Personally..........I'd put the tools in the garage until I got an answer I was happy with or else a refund minus the lumber cost.

In the future, never give money for labor before they start work. For small jobs we always pay as work progresses or equipment is delivered.

"In the future, never give money for labor before they start work."

It is too bad that some irresponsible contractors or ones with an inability to communicate make us all look bad. Frankly, unless the job is really small or with someone I know, I will not work without a deposit up front. And I have never walked off a job or not fulfilled our duties. I've had situations where we killed ourselves on promises that never come through.

That said...

If the contract states explicitly that he will start at x date and finish on x date and he hasn't, then he has essentially breached the contract. I'd do the following:

1. Call the office early in the morning (7 am until someone answers). Ask to speak with the person who signed the contract with you. If they aren't in, tell them it is urgent and you need him/her to call you back that day.

2. If no callback, call again and tell them to come and get their tools, they are effectively fired for breach of contract and you want a refund or you'll see them in small claims court. Also inform them that you are taking possession of the lumber as part of the project you paid for.

3. Tell the person this will happen if they do not arrive on the job, ready to work until project is complete, within 48 hours.

You can't hold their tools hostage in order to settle the dispute, nor can you force them to work on the project if they don't want to.

Frankly, I'd just fire them, tell them to get their tools out and inform them that you are looking for other contractors and will sue for 1. The difference between the deposit and work performed and materials onsite. 2. The difference in cost (upwards) you were forced to pay another contractor to get the job finished as soon as possible.

If you don't have anything but a verbal on the start date, I'd say that you might have to give him a chance to get there and get it done within a 'reasonable' time.

Oftentimes contractors can get jammed up on the schedules, some get overzealous or overly optimistic about their work progress and really cause themselves problems. You've only been waiting for a month and if he's honest and has good references, possibly he's just overwhelmed.

That said, his customer communication skills are seriously lacking and you're frustration is understandable.

I can't top that great answer, except to say, put the wood in the garage (or any materials that are out there that are NOT contractor tools) and ask them to come get their tools. You don't want money (ie wood) walking out with the skill saws :)

We had a contractor walk off in the middle of a job once with no explanation. He left a couple of Dewalt tools including a very nice drill.

He had been recommended to me by a mutual friend and about 6 months later she called me to ask for it back on his behalf. I told her to have him call me to ask himself. He never did and we used that Dewalt drill for a long time until I donated it to my Dad when we moved! : )

If he has left a lot of stuff, then I think it is a fair assumption that he will be back, but it's not always the case. People are so strange!

Do you have someone else who could do the work? Good contractors are few and far between here. While it might irritate me to death to wait, I would wait. The fact that your materials were delayed may have set off a chain reaction. I'm sure they went onto something else rather than just stand around.

This type of thing IS common where I live, but even being able to get someone willing to do a smaller job is tough. I'd wait.

Gloria

Never Never Never..give any contractor Money up front.
If you do you are a fool.

A small deposit yes.....like 100$ and pay him when he is done and you like the job.

He needs money for nothing ... he has done nothing...
the materials he gets at 30 days net from his suppliers
If thats not the case it's because the guy has stiffed the suppliers and the supplier says ... CASH only from this guy.
You have hired a BUST OUT scub bag, drunk or druggie. I wouldn't let him on my property again.

Report him to the BBB and Angies list if you have one. Lock up his tools ... he owes you money for the 1ooo$ bucks you gave him.

I had to put ladders and ladder jacks in my basement untill the painter decided to finish the job.

Call him up and tell him to get the job done NOW or your calling your lawyer... and do it.

Scott

Well after the contractor did not respond to my calls I gave him an ultimatum. Basically, I said if you are not here by tomorrow to seriously finish this up I am done and I want $600 back because I figure at this point you have done about $400 worth of work. He did not show up and alas on Saturday one of his workers came to work. I told him I had fired his boss and if he really wanted to work maybe they should call him and find out what was going on since he wouldn't return my phone calls. An hour later I had his secretary on the phone apologizing etc (we have heard all of this before). I told her I either wanted $600 or they needed to do what I considered $600 worth of work more and we would cut our ties. However, I was not going to give them a dime more. I also let her know I had another contractor (actually a friend who would help us do it ourselves) coming out to take a look. She assured us that they would be out today (Sunday) to do the work. They did show up and worked for about four and a half hours under our very watchful eye (since we have huge windows off our our house that face the deck and it was a Sunday which means we were home all day). They are going to come tomorrow so we will see. I am basically going to have them finish with what I think is the work I have paid them for and then go from there. I did find out something that I did not know. In Oregon if you are bonded (and they are) they have to show you this paper. If they don't they get major fines (per day they have not shown you). He mentioned this paper to me , but I have not seen it (I feel stupid, but have learned a lesson here). Anymore issues I will be letting him know that I am calling the board to let them know of this problem. Apparently this carries pretty big weight with most contractors.
The good news to this is that we are planning on doing a HUGE remodel in another year and I have learned some valuable lessons from this experience.
Thanks for your advice.