This is a great example of what can happen when founders do not enter into a comprehensive Joint Venture Agreement (JV Agreement). JV Agreements can save businesses as well as the relationship of co-founders. A well drafted JV Agreement will cover issues concerning commitments of each partner (such as time, money, effort), expectations of each partner, what happens when one partner is unable or unwilling to perform, etc. The JV Agreement will also reduce the risk of misunderstandings going into a project and further down the road. When the stress rises, people tend to forget what they promised. With commitments in writing, such forgetfulness is not possible.
Discussions concerning the issues set forth in the JV Agreement, help to bring out what each party really wants, expects and is willing to do and risk. The sooner you enter a JV Agreement the better. Typically it is much easier for parties to come to agreement on most matters prior to operations versus after operations commence.
I have a Working Term Sheet for JV Agreements, which can assist in the initial discussions concerning duties, responsibilties, etc. Feel free to e-mail me a request for the working term sheet at michelle@contactmylawyer.com