It was a pretty crappy year with all the rain and my MX track was closed for most of the summer. 18" of rain in 2-1/2 month's. Had a school at the new flat track in early June but after that the rain came and never really stopped until we got into September. Talked to my partner/sponsor on the flat track about continuing work on the flat track now that things have dried up. At the time, he said he had one more weekend to work on the farm he inherited but would be able to help on the flat track in another week. That was around Sep. 9 and I haven't heard anything else from him since despite several texts, phone messages and even an e-mail to his wife at the shop asking to have him call me. She acknowledged he has bad service at the farm but said she would ask him to call me and I should keep trying. Earlier in the year I brought some things up and was going to make up an agreement. He agreed with everything on the list. Then the rain came. Him and/or his wife used to post pics. and information regarding the flat track, ie practice times or work parties etc. He has a good chunk of money invested in the track but was going to be able to get it back when we put major races on. He would get 50% of monies collected until he got his money back and after that we would negotiate a new agreement. He said he was just happy I agreed to build the track in the first place. The very first stipulation I made was that I would build the track as long as it wasn't just a ton more work for me. He agreed he would help out as much as possible. I've done a little more work on the flat track but not too much as I had to get the MX track fixed up for an event. I've pretty much gave up on him helping and hope to haul sand for the flat track in the next couple of weeks. I have a lot of time and money invested so am still going to proceed but I'm tired of trying to get a hold of him and basically feel like he has abandoned the track and his commitment. I know most repair shops state they aren't responsible for items left over 30 days. I don't know how it works in a business partnership/sponsorship agreement. GF thinks I should just wait for him to call and let him leave me a message. If and when I do talk to him just tell him it isn't working. If he wants his money back, I'll say if I put on a race I can pay him some but no guarantee's on when it will be paid back. He will also only get paid for items he purchased that I approved. He paid some guy $450 to take drone pictures of the track without even talking to me first. Google earth has pretty good pics. and they're free. He paid to have brochures and business cards made up but I can do that at home. What should the next step be, consult a lawyer and/or send a letter giving him a deadline to contact me? A mutual friend thinks it's odd he would abandon it with so much money invested but also stated he has a fiduciary duty to fulfill his obligations to the partnership. What a fustercluck!
There are a lot of knowledgeable people on this forum Dave. But, you need to get a lawyer involved before he does, or your problems with him are going to get worse. I wouldn't send him any letters, but if you do be sure to send it in such a way that he has to sign a postal form that he took possession of it. The time may come that you need legal proof that you sent it and he received. Otherwise you are screwed.
I totally agree, it is time to consult a lawyer. As a rule most people avoid lawyers but, at this point, anything you say or do could be made to work against you. After all you have been through you need to be on the point with this mess, not the other way around. Getting a lawyers input will let you lead the process and help take control of the situation. Good luck.
For a flat track, it sure has been an uphill battle from the start. First it was involvement, investment, labor time, then his girl thought she was your partner. Then they started making decisions and taking actions without your consent regarding your property. Then I seem to recall some dispute over insurance being mentioned. You have given chance after chance and then a few more. I think the advice you've been given is as correct now as in the past, get a lawyer, make it right and free yourself. Find someone else who can bring in a crowd. I and others have watched you struggle through this for quite some time , break free.
He came to the flat track school in a rented pick up. Said there was a problem with the steering on his regular truck. I told him to come back the next day but his wife wouldn't let him keep the truck for another day. It was $30/day to rent so not a big expense. Maybe I'm over thinking it but wondering if he is traumatized over hitting the neighbors dog and/or doesn't want a run in with the neighbor??? That's about the only reason I can see for him just walking away. Still he should contact me and let me know what's going on. I also haven't heard from the club or anyone that has wanted to ride the track other than a couple people who have came out. I wouldn't think he would have said anything to the club but who knows. I'll try to get in to see a business lawyer for some advice.
If he killed the neighbors dog, and didn't man up, he's a POS in my book. Couldn't put enough distance between us.
I've forgotten Dave, is there any formal paperwork between the two of you? I was thinking/ remembering that he just invested some time and labor into the facility, and you were partners in name only, but no formal written agreement. Either way, you're probably at the attorney point, and its going to cost you some $ to separate. Unless you just want to let his "investment" ride. By that I mean just don't plan on him coming and doing any investing in money or time, and you just do your own thing at the track. If you make waves, and want to really get him out, you're going to have to pay him out, and I don't know if you are in a position to do that. If you can't buy him out, he seems willing to pretend you don't exist, I'd turn that table and pretend he doesn't exist either. He doesn't ask for his money, you don't offer any, "hey- the track is broke, yada yada", and keep on keeping on. It seems like he has other irons in the fire, and I wouldn't want the extra drama in my life. Money always has strings attached, and you know what kinds of strings this guy brings to your party. For me, I wouldn't want to need the $$$ he brings that badly, but I'm not trying to build a dirt track either.
The neighbor knew his dogs liked to chase vehicles. Had 3 dogs one got hit. Neighbor says he got out of his truck and said something like what the hell (as in why are your dogs on the road). Neighbor is mad because he yelled at him when he's the one who hit the dog. In fact it could have been anyone who hit the dog. I was locking my gate and came a couple minutes later. Got a call from him he hit a dog. I stopped at the neighbors. He was walking back to the neighbors but then went back to his truck. I think he realized the dog died in the neighbors arms. The dogs will jump out and run in front and who knows what else. I always slow right down. Sometimes the other 2 dogs lose interest. A couple times they followed me to my property. I've had over half a dozen people comment on the dogs almost getting hit when they come down the road. I think the neighbor should be responsible to keep his dogs off the road.
That's the other scenario. Wait till he contacts me but in the mean time treat as if he doesn't exist. GF says if he calls to let him leave a message. He is well aware that if no races go on he doesn't get paid.
I've said it before, on this continuing soap opera(IIRR), get a lawyer, and stop posting on it, on any public forums...
Knock him the **** out, **** his gf, walk away happy as a clam.
Wow, there's a dark turn. Could be fun.
Keep in mind that your so called partner may be monitoring this thread. Sooo, do not post anything his lawyer could use against you in a legal dispute.
Sounds like your partner has problems of his own and isn’t that good at dealing with them. So you own the land and you did the work to prepare it so what part did he supply , just the equipment and supplies? What part of this agreement would a lawyer protect you from?
One other thing to keep an eye out for... make absolutely sure any legal professional you talk to has *NO* prior connection whatsoever!!! with your partner.... learned that the hard way