What should I do if my business partner is not fulfilling their legal obligations as outlined in our partnership agreement in Pennsylvania?
As an attorney in Pennsylvania, if your business partner is not fulfilling their legal obligations as outlined in your partnership agreement, you have some legal remedies to enforce your rights.
Firstly, you should review your partnership agreement to understand what specific obligations your partner is breaching. If the violation is minor or technical, you may want to consider negotiating with your partner to resolve the issue amicably.
However, if the violation is significant and your partner is not willing to cooperate, you may want to consider taking legal action.
One option is to file a lawsuit against your partner for breach of contract. To prevail, you will need to demonstrate that your partner violated the partnership agreement, and as a result, you suffered damages. You may be entitled to monetary damages or specific performance, which is a court order requiring your partner to fulfill their obligations under the partnership agreement.
Alternatively, you may want to consider seeking mediation or arbitration. These are alternative dispute resolution methods that may be faster and more cost-effective than litigation. Mediation involves a neutral third-party mediator who assists the parties in reaching a mutually acceptable solution. Arbitration involves a neutral third party who will render a decision that is binding on the parties.
Finally, if your partnership agreement provides for it, you may also consider dissolving the partnership. This option should be carefully considered, as it may have significant ramifications for the business and both partners.
In summary, if your business partner is not fulfilling their legal obligations in Pennsylvania, you have several legal options to uphold your rights. Consult with an experienced business attorney who can advise you on the best course of action based on the specific circumstances of your case.