Atlanta Contract Disputes Lawyers
Serving Your Contract Law Needs in Atlanta
Contracts are the backbone of American society. One of the first legal documents drafted in America, the Bill of Rights, is a contract between the US and the American people. Every day, we sign contracts for loans, gym memberships, and employment. Every contract should be fairly written and agreed upon by all involved parties, and all ends should be upheld. Sometimes, people can run into problems with the way a contract is written or with the other party’s breach of a contract.
If you are the principal of a company trying to draft a contract yourself, you may not have the time or expertise needed to prepare a well-written and enforceable agreement. Similarly, if you have signed a contract yourself, you may be owed money, or the other party may be in breach of the terms of the contract. In either case, it’s invaluable to hire a law firm experienced in contract drafting and contract disputes.
What is Breach of Contract in Georgia?
A breach of contract occurs when a party fails to fulfill their obligations as agreed to in a contract. This can mean failing to make a payment on time, violating non-compete agreements, not meeting performance standards, not performing a job as anticipated or agreed upon, or failure to meet some other agreement. Under Georgia law, there are multiple types of breach of contract:
Anticipatory Breach of Contract
This is when one party has reason to believe the other party will breach a contract and so intentionally breaches it themselves first. This may be done as a kind of “self-defense” mechanism by one party to get out of a contract they believe may be harmful to them in the long run. It could also alternatively be used as an excuse by one party not to fulfill their obligations. The circumstances will depend on the case. This is why it’s valuable to consult with an Atlanta contract attorney prior to intentionally breaching a contract.
Minor Breach of Contract
This is when one or more parties breach a contract in a small or insignificant way. A minor breach of contract may only have a minimally negative impact on the parties involved. Depending on the circumstances, a minor breach of contract can often be resolved by reaching a negotiated settlement with an attorney. Resolutions to a minor breach may include one party agreeing to fulfill their end of the contract or providing some financial compensation.
Material breach of Contract
This is the most severe type of breach of contract. A material breach means one or more parties violated a contract in a major way that had severe repercussions for one or more other parties involved. A material breach of contract could lead to a major court case and/or settlement.
What Are Potential Resolutions to A Breach of Contract in Georgia?
Many people’s first response to a breach of contract is to consider going to court. This may not be the best course of action. If the party in breach is a corporation, they probably have their own legal representation in the form of experienced in-house counsel. Under these circumstances, you’ll want to retain your own contract lawyer to ensure that your rights are upheld. Even if you have retained the services of contract dispute lawyers, going to court may not be the best choice for you in your circumstances. Under Georgia law, there are multiple ways to resolve a contract dispute. These include:
Negotiation
This is where you and the other party attempt to come to an agreement without going to court. Your contract dispute attorneys will discuss the facts of the case and attempt to help you come to a solution everyone agrees on.
Mediation
In mediation, you, the other party, and your attorneys will agree on a neutral third party to hear the facts of the case and help come to a resolution. Mediation is similar to negotiation, except instead of attorneys dealing directly with one another, the mediator will serve as a neutral third party. The mediator is not a judge, and their decisions are not binding. They are only suggestions. Mediation can be quicker and less stressful because everyone will have agreed on the mediator prior to beginning mediation. This can prevent you or the other party from feeling like you are dealing with a biased judge.
Arbitration
Arbitration is somewhat of a mixture between mediation and going to court. Like mediation, you, the other party, and your attorneys will agree on a neutral arbitrator and meet in a less formal setting than a courtroom. Here, the attorneys will present the case, including witnesses and evidence, to the arbitrator. Like a judge, the arbitrator’s decision may be final and binding under Georgia law.
Litigation
Litigation is the process leading up to and including going to court. If negotiation and/or mediation have failed and you and/or other parties do not want to involve an arbitrator, appearing before a judge or jury in court may be the right course of action. This is usually a last resort for contract disputes.
What Should I Do if I Need to Negotiate or Dispute a Contract in Georgia?
Contract disputes can be complicated, time-consuming, and stressful. You or another party may not have intended to violate the contract or may not have intended to commit a material breach of contract. If you are attempting to negotiate a contract, the language may be intentionally or unintentionally vague, especially if you are dealing with small businesses whose owners or legal team are inexperienced in contract law.
If you or your company are attempting to negotiate a contract, have been accused of being in breach of contract, or another party has broken a contract you signed, don’t hesitate to contact the attorneys of Oliver Hughes LLC. Our law firm has extensive experience in negotiating contracts and contract disputes and can help you come to a resolution as quickly and easily as possible. We always prioritize our clients’ best interests. It’s our goal to help our clients come to agreements that address all their issues. We try to prevent you from having to go through a lengthy and expensive trial. If the other party won’t negotiate, we’re ready and willing to represent you in court and fight for what’s rightfully yours.
Contract law can be complicated. With experienced contract dispute attorneys on your side, it doesn’t have to be. If you or a loved one is negotiating a contract or involved in a breach of contract case, don’t hesitate to call Oliver Hughes LLC for a free consultation at 770-230-1447. Let us negotiate your contracts so you don’t have to.