Posted by Mark on 11/30/03

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Thanks to my brother (Who I was doing this for) that backed
out-I was stuck with his friends in a DBA General
partnership (contracting) Both had knowledge of G.C. I
wanted to help my brother and his family who were near
getting evicted. I am also supporting a disabled wife with
M.S.
I got a major renovation job lined up that needed to be
done ASAP. This would have worked--except. . .
I have two other partners. They mis-handled funds and
supplies. One was a no show for an entire job. The other
supplied himself with new tools instead of materials for a
contract that has yet to be finished. This partner who is
an electrician stated he could do the electric in days--
it's been two months and he rewired the job like he was
working on a NASA project. He is over budget by $3000.00
When I spoke up - he made physical threats against me and
my disabled wife (witnessed). They told the customer I took
$8000.00. (I laid out $$ to pay workers when we had no more
funds in the account and they walked off the job.) The
workers are all hand picked by the other partners.
They "Milked" the job and the payroll went off the scope.
When I brought my worker in-he was kicked off the site. I
found that the partner that made himself scarce supplies
drugs to my other partner.

From the agreement
10. VOLUNTARY TERMINATION. The partnership may be dissolved
at any time by agreement of the partners, in which event
the partners shall proceed with reasonable promptness to
liquidate the business of the partnership. The partnership
name shall be sold with the other assets ofthe business.
The assets of the partnership business shall be used and
distributed in the following order: (a) to payor provide
for the payment of all partnership liabilities and
liquidating expenses and obligations; (b) to discharge the
balance of the all accounts of the partners equally.

I sent out certified letters to them stating that I am
withdrawing from the Partnership and a copy of a Notice of
dissolution. I can not go to the job site to see what is
happening-the customer now thinks that all that went wrong
is my fault-thanks to my partners. My partners may walk
with a truck load of new supplies and tools and I may be
liable for thousands.
There is other things-I am being honest here-and I know I
screwed myself by jumping in fast.
Any help, suggestions or advice please. I can't afford a
costly battle. TY.

Re: Need to get out of a DBA partnership, 12/08/03, by Tony T. Liu, Esq..

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