It sounds to me like you have a claim against him. If he has not done the work as specified by the contract he is actually in breach. What did he claim was the source of your breach? Is it because you are looking for someone else to finish the work he was unable to complete?
Inability to complete the work is not an adequate defense for breach of contract. If he is either unable or refusing to complete it, you are well within your rights to find someone else to do so. In fact, you could argue that you have a duty to mitigate any damages rather than letting them accrue prior to filing an action against him. I would definitely consider contacting a lawyer to either demand specific performance (term of art meaning "make him do what he said he'd do") or return of your money, goods, and any damages caused by his delay.
Answered on Aug 24th, 2020 at 8:52 AM