E&D Concrete Cancelled - He still has my 5,000 Cookeville TN

After 5 weeks went by, I contacted him 5 days before his gravel supplier was suppoed to deliver  the materials. He responded w/ a short text that nothing had changed.  The day rolls around and I had my driveway gate open and waite dall day and nothing was delivered. Called him & he said he was going to have to put my job off tll the next week.

So, basically he held my 5k all this time & could not be bothered to alert me to any changes. I waited here all day.  I fired him after that. He still hasn't refunded my 5000 dollars.  Acts as if some magic will happen  and I'll change my mind.  Very rude person & condescending. I'm twice his age & a disabled veteran,  so that kind of thing is all the more insulting.