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BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience:  I am a business attorney. I represent individuals and companies with all business related matters.
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Brooks – Mustic Business Partnership - Business Law • My

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Brooks – Mustic Business Partnership - Business Law

• My inquiry is about 2 businesses in Atlanta Georgia. I am the owner of 1 business in Dekalb County and the partner in another business in Gwinnett County.
• Both businesses are heating and air companies and the name of both businesses are Southeast Mechanical Contractors.
• I opened the Dekalb business in 2000 as proprietor.
• In July 2004, a friend asked me to partner with him in a business in Gwinnett County. He needed me as a partner since I have a State Contractors License required to open a business. We opened a 2nd business as partners in Gwinnett County. His promise to me was $24000 per year after we merged into one company. He said I could retire and travel, etc and he’d run the businesses as one and I’d draw a monthly check.
• In December 2004, I closed the Dekalb County business and referred the customers to the Gwinnett county business. Therefore, starting Dec 1, 2005 there was only one company named Southeast Mechanical Contractors and it was a partnership.
• I then accepted an endeavor working as an engineer in Iraq and Afghanistan off and on from Jan 2005 thru June 2013. I checked with my partner in Atlanta off and on only to hear business was bad. So, I never pushed him for any payments believing he was telling me the truth.
• In August 2012 I had enough evidence that my partner had been untruthful to me and really only wanted me as a partner to gain access to my State License. I informed him the partnership was over and I wanted payment to end the partnership. He denied paying me anything.
• I figured it up and I saved him $450-740K over 8 years by being his partner. Without me and my State Contractors License, he would have had to hire an employee who was State Licensed.
• Also, he gained my small business without paying a cent. I can say the conservative worth of the small business would be $40k.
• Also, he commented he’s paid himself $80k for 8 years and he’s enjoyed 100% the total company profits.

My question is what all can I sue him for?
I am thinking this is a case of unjust enrichment.
I am figuring $40k for my small business that I referred to him.
I am figuring $24,000 per year (2009-2012) for the past 4 years because the first 4 years is out of the statute of limitations.
I am figuring I should be able to sue for a percentage of the savings that occurred over the years 2009-2012.
I am also figuring I should be able to sue for a percentage of profits, equipment purchased, etc. during 2009-2012.

So, my question is what may I sue for that the courts would accept as being reasonable.

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

question: what type of partnership did you form with the partner? Was it a corporation, LLC?

Customer:

We didn't form that kind of partnership. It wasn't a corp or LLC. We went to the courthouse and opened a business and put both our names on the application under partnership. That's the only partnership document I have.

Customer:

I'll share with you the other documents I have. He used my license for 8 years to get building permits. He signed my name (forgery) on the building permit applications.

Customer:

I apologize my question is so long to explain.

BizIPEsq. :

I understand. In a partnership unless there is an agreement to the contrary the presumption is that each partner gets 50% of the profits. Realistically, as you correctly noted you may have a host of causes of action that are available to you as you pursue a law suit against the partner

BizIPEsq. :

before you do that, have you presented a formal demand to the partner for the money owed?

BizIPEsq. :

if you haven't yet, based on the amount owed I recommend that you retain an attorney to write a demand letter. getting a demand letter from an attorney may cause the partner to come to the realization that they need to settle with you

Customer:

yes, my attorney sent a demand letter for $60k and his attorney refused. So, my attorney says the $60k is off the table now. I am trying to gain as much knowledge as possible cause my attorney may not have business experience.

BizIPEsq. :

as part of the action your attorney will file you will have the right to demand accounting of all the business affairs to date. Assuming it's not a cash business and bank accounts were used the info would be availbale

Customer:

ok, here's my last question. By using my state license he saved over $200k by not having to hire a licensed employee as required in Georgia. Can I sue for a percentage of those savings?

BizIPEsq. :

I'm not sure if you can sue him for the use of your license as the license may not be transferable in such manner. However you should take the entire amount earned in the aggregate in the partnership and sue for at least 1/2 of it

Customer:

ok, thanks

BizIPEsq. :

you are welcome. Please rate my service

BizIPEsq. :

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