Parties are free to contract in any legal manner that they wish.
Besides the standard contract elements of “offer”, “acceptance” and “consideration”, what you will need to show is that you and the contractor had a "meeting of the minds" and that the items which were contracted for were the items that were received.
First evaluate whether you have a contract with the contractor. In the contract you should have indicated a scope of the work. The scope of the work should have detailed the "Marble Hex Design" that you have requested.
If the contract specifies the "Marble Hex Design" that you have requested, look for any clauses that allow the contractor to modify the design. If there are no clauses allowing him to modify the design, then he has not fulfilled his contractual obligations to you.
If the contract does not specify the "Marble Hex Design" did he complete the floor in the fashion spelled out in the contract? If not, then again he did not meet his contractual obligations. If so, then your case is weak, and you will need to pursue the matter a little deeper than what we can provide on a free website.
Oral Contract — Please stop doing these.
This contract will be difficult to enforce, as each of you will have a different story. What can strengthen your case is if you saw pictures of his work, and said “I want this”, or even if you provided the picture and said this is what I want.
Otherwise you will need to demonstrate that both of you understood what the “marble hex design” meant, and that he did not complete it as he was tasked to do.
If he did not complete the contract as written, you can pursue him for breach of contract. However if you cannot definitively show that he breached the contract, it may be more expensive to pursue a legal remedy.
If you are unhappy with the job so far, do not complete it. Absent any “legal” defenses, you may have some liability for what has been completed so far. You may want to negotiate, IN WRITING, a release from the contract which will let the contractor leave without completion, and you without the full obligation to pay.
Good Luck and if you need further information, feel free to contact me.
Sam Mansoor, Attorney
Mansoor Law Firm, PLLC
50 Catoctin Circle NE #301
Leesburg, VA 20176
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