What are my options when Contractor is over 2 weeks late with a project that has not yet started?

Good Day everyone.

I have hired a Landscape Design & Landscape construction contractor for an Excavation/DIg Project which involves sloping land, removing of a weak and cracked retaining wall and installing a new stronger retaining wall with less height The contract was signed on 9/7/17. As per contract terms, job shall commence on 10/2/2017 and estimate to be complete on 10/11/2017. Also as per Contract, I paid 40% up front to start the job, allow for ordering of materials ,etc... another 30% will be paid in the middle of the work and a final 30% to be paid upon completion.

It is now 10/25 and the contractor still has not started any work! Here in NYS, there is a law that any kind of digging or excavation needs to be called into the state for the property to be surveyed and cleared by the utility companies. There has been alot of back and forth emails & calls between me and my contractor with no progress made. I did some research on my end & found that The contractor ended up calling in the survey very late. To be exact, it was called in on 10/9 and not surveyed until 10/16. I do not know why this contractor did not call this survey in way ahead of time?

I feel like I am getting the run around. I would like to know what my options are in terms of getting my initial deposit back. I really would like some more advice on this matter. I am just uneasy that someone has a big portion of my money & no work as even been started yet. Legal actions are the last thing I want to pursue but not opposed to it if it needs to be done.

I have seen their work & called a few references all of whom were happy with their work which is why I chose this company

Any advice is very much appreciated.

Thank You