The Franks Landscaping LLC Gabby Franks, Michael Franks, Best Price Cement Paid for landscaping services not performed; refuses to refund money San Antonio Texas

I hired this independent contractor to perform landscape services for me.  I paid a deposit of 50% and then after some of the work was completed, I paid another $200.  He was to build a landscape island in the middle of my yard and then build a stone wall flower bed on the front of my house.  He completed the island, but we had a small argument over the stone for the flower bed.  I told him from the very beginning the color of the stone was very important to me, and I needed to be sure it would match what was on my house.  

I told him the color of the stone was called Austin Cream.  He showed up to do the stone work and told me that day my two choices were white or a nicotine color.  I told him neither were what I wanted - that I wanted it to match my house.  I was at work at the time.  We exchanged text messages and I told him that if he could guarantee that the stone would match my house, he could proceed with the work.  Otherwise, I would need to see it first.  He said he could not make any guarantees and he would have to come back.  

At no time did he tell me he had laborers there to work that day.  Had I known that, I would have left work to meet him regarding the color of the stone.  He then said he would come back on Sunday for us to look at the stone together.  He came to my house on Sunday and began arguing with me about having people there to work and me being indecisive.  I reminded him that I told him from the beginning I was very particular about the color, and I wasn't going to pay a lot of money for work that was not guaranteed nor what I wanted.

I offered to let him out of the job at that point and he wanted to proceed. We finally agreed to look at the stone together and he said he would return that Thursday to deliver the stone and do the work on Friday.  He did not do either, so I started trying to call him on Saturday.  I finally received a message from his wife a few days later stating he was in the hospital and would contact me.  Another week passed and I did not hear anything.  I called, sent text messages, and emails that were not answered.  

I finally sent a text message stating that I needed to hear back from him by the end of that day, or our contract would be cancelled and he would need to refund the money for work not done.  He had also left a piles of dirt and mulch in my driveway, and I was getting houded by the HOA to have it removed.  I heard nothing from him until the next day when he said he would complete the work the following week.  I told him then that I could not wait any longer, that he had been unreliable and did not communicate with me, and that he could refund my money for the work not performed.

He refused and told me to take him to court.  In the meantime, I had another landscaper come to give me an estimate.  The price he quoted me for doing that work plus more was $500 less than Michael Franks was going to charge me.  Mr. Franks now owes me about $700 for work he did not do.  The contract stated the work would be finished two weeks ago.  I can understand he had health issues, but it's his responsibility to communicate with his customers or refund their money.