HELP: deal w/ a bad contractor

I hired a contractor to build a brick patio last year. Now there are some bricks rising up, some are sinking down. The surface is not even. He promised he would fix this kind of problems when we had the deal.

I called him 3 times, he kept saying he is coming to fix it. but he never showed up. it's been a month now.

what should I do? Can I go to small claim court? or bbb?

thx.