[jshilan]

What has the contractors response been to all of this?

Does he have any guarantees expressed or implied in his contract?

If he used a preprinted form (ie NEB'S) they usually have some boilerplate stuff about work to be performed in a workmanlike matter (whatever that ultimately means, who knows) but still any workmanlike contractor would have pitched the patio away from the house.

I'm assuming no permits were taken out which could hurt or help you depending on the mason and the town.

If you did get a permit, then go to the town and start asking for help.

On the solution side of things - is there any step down out of the house to the patio? Or is the patio at the same height as the room it butts up to? The reason I ask is that as appalling as it may sound, you could potentially lay a patio over this patio if you do have at least 5" (2" for pitch and 3" for stone and setting bed) from the sill to the new patio.

Quick thought- is the grade (soil) higher than the patio on any of the remaining 3 sides (assuming it is a rectangle)? Could the grade around the patio be too high so the water is actually being dammed up on the patio. In reality water seeks its level, so if the other sides are pitched away the patio, water should start to drain after a minimal accumulation of water even if it is truly level.

Water sitting on a patio is more than just a nuisance, especially at a home that has prior drainage issues and a cold winter climate. In the winter, the patio will ice up and become a health, safety and welfare issue. Pushing water with a broom will seem like fun compared to chopping 3" of ice.

You should pursue things first with your contractor, via certified mail, if he is non responsive by phone. You need documentation if you are going to pursue things through the legal system.

Good luck with it and before you chalk it up to experience, try to get it resolved.