Solar panels not available - surcharge / cancellation possible?

Hi!

We are currently in the middle of building our house and our photovoltaic system is supposed to be installed soon. Today, the company that is commissioned by our construction company called me.

We already had the photovoltaic system included in the first contract offer as part of our construction contract. In hindsight, it was way too expensive. We didn’t know that back then / we naively didn’t compare because we wanted everything "from a single source," as we are not experts and were hesitant to assign trades separately. We have a price of €9,280 gross in the contract for 4.2 kWp. (I know, stop laughing).

The company said on the phone that the offer from back then is already from late 2019 and the modules are no longer available in that capacity. He can offer me modules with higher output. We would then pay an additional €600 for 4.55 kWp instead of 4.2 kWp. The alternative would be to leave out one module so that the kWp matches the offer again. But that would look bad because we have a manor house gable, and then on one side there would be 7 and on the other side 6 modules.
I then said that the extra money is actually too much for me to invest again, I find the system very expensive anyway, and I think it’s bad from our point of view. We also had a drawing with our contract, showing that we would get 14 modules with x kWp at price y. Why the unavailability of these 14 modules is now my problem and I either have to pay extra or accept worse aesthetics I don’t quite understand.

We did a bit of calculating, he said we could also split the cost, then it would cost an extra €300, in return we would get modules matching the roof color and also somewhat more output than before. I told him on the phone that we could do that, but haven’t signed yet.

What would you do?
Part of me would like to just say we cancel the expensive photovoltaic system altogether if they can’t implement it as agreed in the contract. But I don’t know how that looks legally / if that’s even possible? Preparatory work has already been done and cables have been laid to the attic.

You agreed on the phone, so the issue is settled anyway.

You agreed on the phone, so the matter is settled anyway.

Let's assume I hadn't said "yes, we agree," but rather "I'll discuss it with my husband, you can send me the offer."

You agreed on the phone, so the matter is settled anyway.

Only theoretically. However, retroactively removing the photovoltaic system is not easier either. Maybe you can agree on a compensation for expenses, €1000 or so, and then you hire someone yourself.

How detailed was the offer back then broken down? So can you quantify the preparatory work done so far? Otherwise, I don't see any chance that he will credit you fair shares in a calculation. But have it calculated anyway and at the same time get one (or several) offers for the remaining work. Then you can calculate what will be cheaper for you. Although, of course, the remaining work is no longer particularly attractive for a new solar installer. Especially because of the warranty, many will probably refuse to continue work done by others now. I almost fear you are "trapped".

How detailed was the offer back then broken down? So can you quantify the preparatory work done so far? Because otherwise, I see no chance that he will credit you fair shares in a calculation. But have it calculated anyway and at the same time get (several) offers for the remaining work. Then you can calculate what is cheaper for you. Although the remaining work is now no longer particularly attractive for a new solar installer. Especially because of the warranty, many will probably refuse to continue someone else’s work now. I almost fear you are "trapped".

As far as I know, only the cables between distribution and roof have been laid so far; the solar installer has done nothing yet, only the electrician. The offer in the contract was not very detailed. Only the system capacity (4.2 kWp) was stated, then the manufacturer of the inverter, the manufacturer of the panels, and the number and dimensions of the panels. The latter apparently will not be delivered as such. However, our contract also included a drawing of the house with the (symmetrically arranged) solar panels. Therefore, I wonder whether it is really acceptable to us that either the symmetry of the house is destroyed or that we are charged for panels with higher wattage.