Construction Abandonment

[finsterme]

TN - Construction of a second home was begun in April 2008 with a contractor from GA. The project is currently 90% completed. On April 15, 2009 the contractor informed me he was having cashflow problems that he was working to resolve and would call me the following week with and update. It is known that no one from the construction supervisor and no one from the company has been on the build site since the beginning of March. At what point can the primary contractor be removed due to abandonment of the project? Additionally the contractor received monies for assembly of a garage on the same property on the basis of an invoice not in the original contract. Would the handling of disputes of for that be covered under the arbitration requirement in the original contract or handled seperately in other civil or criminal (fraud) proceedings? Builder has not replied to any inquiries fax, email, voicemail, or certified letters since April 15.