Great advice and very prompted too. I have below I have included a copy of the email I sent to him which is also the letter I sent to him via certified mail today (return receipt). If he doesn't respond to this I will send another one with all the other details that you point out that should go in that correspondence.
SUBJECT: Refund on installation of fence re: XXXXXXXXX
COPY OF EMAIL SENT ON 10/12/2013. See below
Please see the information below. This is to officially inform you of our intent to recapture the $7060 that you promised to refund me.
I can meet you at your bank if you wish to pay cash if you would like to pay with cashiers check or money order, you can bring it by our house or I can meet you some place half way between your home and mine
From: nolandatcss <XXXXX@XXXXXX.XXX>
To: davemccarty1 <XXXXX@XXXXXX.XXX>
Cc: NBrouss423 <XXXXX@XXXXXX.XXX>
Sent: Sat, Oct 12, 2013 7:09 pm
Subject: Fence at XXXXXXXXXXXX
This is a short summary of the issue(s) we have discussed.
You and I entered into an agreement on Saturday 9/21 for you to build/construct a wooden fence on our property XXXXXXX We gave you a $7060 good faith check (# XXXXX) and according to our bank records you deposited that check in your account and it cleared on 9/23. At that time (on 9/21) you indicated that you felt you would have the fence completed by some time during the second week of October. On Tuesday October 1st, at my request, you came out and marked the property with stakes indicating the location of the post. At that time you indicated that we would see materials brought to the back of our property as early as Saturday 10/5 and that you may be able to start work the following as early as Tuesday 10/8 and Wednesday 10/9 at the latest.
Materials have not arrived as of today (10/12/2013). You and I have had no less than 5 phone conversations on this and several email/text messages too. On Thursday of this week (10/10) you indicated that you would start on Saturday 10/12 even though your supplier "Master Fence" had still not delivered, You mentioned to me that you would purchase the materials at Menards if the material did not arrive so you could get started. Today after I made contact with you this morning, you indicated that you had an emergency that you would not be able to begin today. Mid afternoon today, I indicated that I was not satisfied with the lack of progress on the project and requested that you refund our money (more than $7060). After several text messages and phone calls to you, you did call me back at 5:56 PM and indicated that you would refund my money. That after several attempts to get resolution with your supplier you had not been successful yet. You also indicated to me that you were floating money and did not have the funds to purchase the goods at Menards to get the project under way. You agreed to refund the money back to us. I indicated to you that I would be willing to wait until end of business on Monday to see if you received your funds from the company you had just finished a job at yesterday.
This is an adder to this email in the sense that you and i did not discuss this, but I talked with Kathy after you and I talked and this next paragraph is a result of that.
At this point Dave, Kathy and I must pursue other avenues to get the fence done prior to mid November, however we will need the $7060.00 back in order to do that. I am willing to provide to you 5 business days for you to do that. So by end of business on Friday 10/18 we will need our funds back in full. We will need either a cashiers check, money order or cash. Unfortunately, if we do not receive the $7060 by this time frame, you will leave us no other choice but for us to look at pursuing this through legal channels. This is certainly not anything we would want to have to do and I assume you would prefer that not to happen either.
I do not take any of this personal and understand that this is a business issue. At the same time, you are holding $7060 of ours that we need back to move on to contracting another contractor.
Please make any corrections you feel necessary to the email and then send back to me. Please do that within the next 24 hours.