Wedding Photographer Not Sending Photos

Location: Chicago

For my wedding we hired a fairly expensive photographer who in their contract list they will send the wedding photos within 6 weeks of the wedding. We fully paid they took the photos and all of that seemed fine, we now have gone past that 6 week deadline with nothing sent back to us from them.
They are still responding to us with several different promises to send the photos “in a week” or “tomorrow” with a variety of excuses.

My question is should I consider suing after some point if they still do not deliver to get the amount we paid back? If they do deliver say in a week, month or some other extend time frame would we be able to get our payment back or does them paying make suing etc not worth it?

Any thoughts would be welcome.