Client for installation of solar system does not pay

Questioner

I had accepted a contract to install a solar system. We had initially agreed on a budget and that we would be paid weekly. Then I received an email with the agreements. However, this had changed and instead of weekly payments, the client had changed the agreements to 20% down payment, 70% at the time we started installing the solar panels and 10% after delivery. I thought this was okay too, so I agreed to it. After the first week of work, the gentleman made a down payment. So we continued working. Then (during week 2/3) we started installing the solar panels but the payment (70%) was not forthcoming. I contacted the client about this at the time. He told me that he himself had not yet been paid so that he could not pay us at that time, so we wanted to stop the work because the payment was not forthcoming and also because we were constantly short of materials and could not continue. In response, the gentleman indicated during a telephone conversation that the budget for the system should be omitted and that we would share both the profit and the loss and that payment would take place after delivery. During the project (as indicated above) we were constantly thwarted by materials that were not delivered or were delivered in insufficient quantities, which meant we could not continue, so we had to sit still/wait until everything was delivered. I also went to the warehouse several times to get the products myself, because otherwise we could not continue (the agreement was that they would take care of everything and that we would install it, but because the products were not delivered, we could not move forward. The employees' hours just kept ticking). Furthermore, we had snow, storms, rain, etc. So the weather gods were not kind to us either, but we were eventually able to complete the project and delivered the project. In the meantime, we had already exceeded the budget that was initially agreed upon (before the project had even started). The client had not adhered to it, after which we had made a new agreement by telephone (share profit/loss, payment after delivery). But after delivery the gentleman started making up all sorts of excuses to avoid paying. One of those excuses was that it had taken too long and that he therefore did not want to pay (a deadline was never agreed upon) another excuse was that his client did not give him any more assignments so that is why he did not want to pay (this is not my problem). He has already transferred a portion but there is still an amount of almost € 7000,-- outstanding that he will not pay. Apart from sharing the w/v, the gentleman has not even paid the agreed budget amount in its entirety. What can I do, what steps should I take to still receive the payment? I have now sent a registered letter/invoice but the gentleman no longer responds to anything. Not to the emails, not to the letter. Not to anything anymore.

Lawyer

What is important is what the precise agreements are and to what extent they are not complied with by the other party. This determines your (legal) position. It starts with the other party being summoned to pay the agreed compensation. So to cooperate, so to speak. In this case, an appeal could also be made to collection costs and statutory interest. Furthermore, I assume that the work has been suspended. It may also be possible to dissolve. If there is no consenting response from the other party, proceedings may be necessary. I advise you to seek legal advice before taking any steps. You may contact me without obligation to discuss the case.