I feel a bit of an idiot, in relation to my earlier question about a contract with no clear duration or clear exit clause (paid as an assistance role at a fixed fee), as in the end I trusted my friend's orally assurances back last year, but in my defence this was my first business contract, and it probably isn't his fault (guessing any problem lies with his client, or he is happy with the arrangement his end so lack of urgency on his behalf - suspect a bit of a 'yes' man). Basically my problem is that despite numerous oral assurances it wouldn't last more than 6 months, the contract is still on and only about half completed - hopefully (via a fixed fee), because the client of my client (in New Zealand) is controlling the speed of the project - basically it turns out that I am unable to work and therefore unable to submit an invoice on the project unless both of us are working together which now primarily means working down in New Zealand (or me having to go up to Newcastle, but at the rate things are going won't be able to afford soon). He leases software used on the job on a monthly basis. In theory as I have told my client there are still ways of working - using remote desktops, but for reasons unknown to me he isn't keen on the idea, and prefers to wait till his client says 'jump'.
I am getting a bit stressed out, well more worried (but he doesn't know that yet - still smiles to my client at the moment, as trying to min. arguments) as he doesn't have fixed costs to uphold, unlike myself (I need to fund a house for example). If I was to let this continue for much longer it has the potential to at the very min. make my company (as this is my sole initial contract) go insolvent, at worse make myself get into debt (has the potential, if it drifts on like this for months). Putting aside the money issues, because I am contracted to this other company, and the times I can work are been dictated by his overseas client, I am unable to look for other work without risking myself going breach of contract in case his client says it is time to return and I was in say the middle of a short term IT contract here in the UK.. starting to verge as a kind of zero hour business contract. This is not the arrangement I was told orally, where his client had an urgency to get things done.
The last invoice to my client was back in March, it is now May - spending a few weeks (max of 5) at a time in New Zealand to do the work. Laughingly one of my org. contractual concerns when I agreed to the contract was that I might be down there solidly for months (as was given that oral impression), leaving my house in charge of a relative, so had a clause in my contract that I couldn't be away more than 60 days at a time - for house insurance reasons (this obviously hasn't been an issue).
What options do I have ? Do I have any options ? I am getting close to the point of even CONSIDERING letting my company go insolvent and hopefully walking away from this contract but not even sure that would be the end of it (see below), and it is an extreme possible solution.
One thing I did do in my business contract (via my own limited company) was add two clauses that explicitly state that he/his company cannot go after any assets of directors of my own limited company (namely myself). Would in the extreme case of making my company insolvent be a way out ? Or are there any less drastic methods ?
Thanks for any help. Sorry for the length of this, but wanted to give some background.