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The mason should have known better. Talk with him first and explain your problem. It may be that he can actually remove some of the stones and reset them lower to get the water to drain properly.
If that fails, then I guess I'd take all the other legal advice offered here. There seems to be many on this site that are versed in the proper steps to take.
I just don't have that much knowledge on what the best way is to legally get someone to fix their problem. I don't use subs that won't warranty their work and I've never had a client threaten to sue me because of shoddy workmanship. If something is wrong, I'll fix it.
Let us know how your situation turns out.
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