Two split partners

goodgps · Post by **goodgps** » Fri Jul 10, 2009 3:11 pm

I have a job wherein two partners began a development project. One partner signed my contract and paid for the tentative package, but put the project in the other partners name.

The partners have split ways in a hostile manner. "Paid" partner states all documents paid for by him are his property and the other partner can't have any information.

Now "Unpaid" partner wants to move forward with the project as he now owns the project outright. "paid" partner still contends that (he) still owns the layout and that layout can't be used until he is compensated.

The project has been approved one way. there is very little that can be done to change the layout, so re-running the tentative through will look almost exactly the same as the first approved.

Anybody have any suggestions ?

"good' 8^)

Ian Wilson · Post by **Ian Wilson** » Fri Jul 10, 2009 4:09 pm

Do y'all have a provision in your contract as to who OWNS your data? I do. I own it. PERIOD.

Now, do the ex-partners have anything in writing as to the division of the property? How is it worded?

What does the partner who now owns the parcel say/want to do?

The TPM <<PROBABLY>> runs with the land, particularly seeing as it was in the name of the partner who now owns the parcel.

The TPM gives the RIGHT to subdivide. It does NOT subdivide. That's for the nest step: the Parcel Map.

Cheer, Good!

.

goodgps · Post by **goodgps** » Sun Jul 12, 2009 8:50 am

I will have to get these former partners together and get some answers or assurity that If i proceed one wont sue me.

with such a lack of work around here, a final map is greatly needed, but not art the risk of a lawsuit.

Thanks for the cheer. . . .Need all the Cheer we can get these days.

Coy Glasscock · Post by **Coy Glasscock** » Sun Jul 12, 2009 11:16 am

Who pays you has nothing to do with it.

It is based on your contract, if your contract is with a "company" then that company has the rights, if that company no longer exist, then neither of the individuals has rights to it unless one of them has (maintained or purchased the shares) legal rights to the old company.

But the best thing is to keep you out of it, by advising that you will turn over all data (exact copies) to both of their lawyers. That way you did not give anything directly to them and then you place the burden on their legal advisers,

or

if one of them claims to have "legal rights" to the data, have them put that in writing, then based on that "signed and witnessed" written statement turn over the data, if it turns out to not be true, you should not be held liable, because your decision was based on the "FRAUDULENT" written, signed and witnessed statement of one particular individual. (MAKE SURE YOU KEEP THAT WRITTEN DOCUMENT)

goodgps · Post by **goodgps** » Sun Jul 12, 2009 7:15 pm

Thanks Coy,

I will get on that "contract" addendum first thing Monday. We really need this job and would love to do ity without hassel.

In essence, We worked for their partnership no matter whe paid the bill.

safe to get a witten go ahead before proceeding.

We scan all documents as well as save the originals in a vault.

Happy All Star game to all :b