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As far as whether the 10% applies to the amount that the contractor actually collected or to the original amount of the contract, that is an issue that depends on the exact wording of the contract between the contractor and the client. If there is an ambiguity on this point, it has be decided by the court based on what is customary in that line of work or business.
As far as collecting your money from the contractor, I would suggest that you or your lawyer send a demand letter threatening a civil conversion action if he does not at least pay you your 10% of the amount he collected on the 4th payment.
To make out a conversion claim, a you must establish four elements:
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