I am a US citizen who has been contracted by an Australian company, so I'm not too familiar with the commercial law and time requirements there. The company basically doesn't have enough money to pay its bills, but I knew it was risky working with them, as it is a startup.
I have a contract stating that I have a few shares now and that more shares will be awarded on completion of milestones to be specified later. This was signed about 7 months ago, and although I am not demanding they sign over the shares, they keep delaying with very dodgy excuses. I also have a monthly invoice which the contract states is to be paid within 7 days. For the past few months, I have noted on the invoice that part of it is deferred and can be paid later, although no time is specified. The contract says that invoices should be paid within 7 days of my submission, but they are a few months behind on the amounts that are not deferred.
I know that they don't have the money now, but they are starting to produce an income and might be able to pay in the next few months. However, we are having a falling out because of this issue and their refusal to at least sign over the shares that cost them nothing.
If I wanted to take legal action, is there any limitation on the time period that I have to do so under contract law? In the US, it's usually 2 years from the time one party breached their terms. Also, is the vagueness of the agreements not having specific deadlines for the milestones, share assignments or deferred payment going to be an issue?
Thanks in advance for any help!
I have a contract stating that I have a few shares now and that more shares will be awarded on completion of milestones to be specified later. This was signed about 7 months ago, and although I am not demanding they sign over the shares, they keep delaying with very dodgy excuses. I also have a monthly invoice which the contract states is to be paid within 7 days. For the past few months, I have noted on the invoice that part of it is deferred and can be paid later, although no time is specified. The contract says that invoices should be paid within 7 days of my submission, but they are a few months behind on the amounts that are not deferred.
I know that they don't have the money now, but they are starting to produce an income and might be able to pay in the next few months. However, we are having a falling out because of this issue and their refusal to at least sign over the shares that cost them nothing.
If I wanted to take legal action, is there any limitation on the time period that I have to do so under contract law? In the US, it's usually 2 years from the time one party breached their terms. Also, is the vagueness of the agreements not having specific deadlines for the milestones, share assignments or deferred payment going to be an issue?
Thanks in advance for any help!