Legal Question in Technology Law in Australia

Hello,

We are seeking some legal advice. My business partner and I are located in Australian and have been in the process of having some online software developed and have been dealing with a web development company for the past 2 1/2 years. Since putting down our first deposit of $14,000, it took an additional 7 months before the project was even started. Our project has now been in development for 1 1/2 years and is still not complete. We were originally told that it would take 7-8 months to complete our software. We have now put a total of $70,000+ into this company to date and have still not received a completed project. If this project ever gets completed, we would have put in a total of $90,000+.

To be honest, the entire process has been an absolute disappointment. From their lack of organisation to conveniently 'forgetting' to include certain features we paid to have within the system, to having to pay additional for features we were under the understanding were included in the original quote, to being made to feel degraded with certain comments made - both via email and in person during meetings.

We were given 2 timelines based on the scope and costings of the project, which was between 7-8 months. As the project continued, the timelines did change. Our second deadline that we were given was 4-5 months after the original deadline, which was in September 2013. From there, we were given what they thought to be a 'complete' project - give or take the testing stage. Once reviewing the system, we had to compile 102 pages of feedback on areas that were 1) completely missing, 2) incomplete, 3) lack of functionality, or 4) did not follow the designs we provided them with nor discussions agreed upon.

We are now onto our 3rd project manager as the project has gone on for so long, 1 project manager left the company and the other is leaving in April this year. Our 3rd project manager has no concept of previous discussions from the past 2 1/2 years, agreed conversations, and has a lack of understanding in terms of what we're trying to achieve.

Right now, we were supposed to receive a new final timeline completion last Friday and were put off an additional week to be told that we will now receive this, this coming Friday 24th. Let us note that this has happened continually throughout the entire process, to the point where we were not given any deadlines at all - meaning we have been unable to prepare for launching.

We have lost a number of potential customers and revenue as we were not able to launch our completed software when we were told. In additional, we have a number of monthly outgoings (such as hosting, merchant account costs, marketing platforms, etc) that we are having to pay and are losing money each month.

In short our project should have been completed and launched last year and we should now be at the stage of growing our company.

Coming to the end of the project, we are being told that areas which were agreed upon are not going to get completed and are having continual email battles back and forth to prove our case.

Unfortunately, it's now come to a point where we feel we need to seek legal advice. What grounds do we have to stand on here? Do we have a case?

Any help, comments, or advice would be much appreciated.

Thanks,

Danielle & Sheree

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