You don't need a lawyer for small claims court. You just pay the small fee(something like 20 bucks) and you get to present your case in front of a judge. And the small claims court case really won't take that much time. Chances are, you'll be presenting your case within 3-4 weeks.

I would give your guy the ultimatum right now. If your experience is anything like mine, it'll be faster for you to hire a replacement(who'll be paid upon completion) to finish the site from scratch, than it'll take your current guy to finish.