JNS Concrete

We hired JNS Concrete to facilitate the concrete to drain the water and the wood that they've used was left on site, the work has not been completed and he has not shown up to finish the job. The quotation was for $7700, but we've written a check for the initial down payment of $5190 and then a second check was written by my wife for $3700, that shows that we've overpaid him $1000 more than what was quoted. He knew about the over payment, We contacted him about the over payment numerous times and he said that he would get his wife to check on it, and then the second time he said that he thought that his wife already sent the check, and then the third time he said that he thought he already sent the check but we've waited 3 weeks and we haven't received a check from him and he is not showing up to finish off the work.