My question involves malpractice in the state of: Florida

I had a new driveway poured and the curb cut. I paid upon completion, but actually paid a little before completion. He told me he would come back and cut the driveway the next day, which I think only takes about 20 minutes. Up until then, he had been trustworthy, so I thought nothing of it.

He never came back, and I also noticed that the curb wasn't rebuilt like it said it needed to be on the permit.

What is my proper course of action? Should I...

1. File the suit now without getting the repairs done by someone else? In which case, I'm not sure what monetary amount I would have to sue for.


2. Get the repairs done by someone else, and sue the original contractor for the extra I had to pay?

I'm pretty familiar with the necessary forms at the courthouse.