Atlanta Breach of Contract Attorneys
The majority of all business disputes begin with a contract. Interpretation of these contracts is essential. Without a proper interpretation, the entire relationship is lost, and the Court is left to speculate about the party who should prevail. Interpretation of a contract, although controlled by Georgia law, is still very much an art. Sometimes the fact that seems least important can carry the day. Understanding the law is just the first step; becoming an expert in your client’s business and being able to argue the facts surrounding the formation of the contract is what separates a successful representation from a disaster.
What Is a Breach of Contract?
A breach of contract occurs when one party involved in a legally binding agreement fails to fulfill their obligations as stipulated in the contract. These contracts can encompass various aspects of business, such as employment agreements, vendor contracts, or partnership arrangements.
Common breaches include failing to deliver goods or services, not meeting payment terms, or violating any other agreed-upon conditions. When a breach occurs, the non-breaching party may seek remedies through litigation or alternative dispute resolution methods, as per Georgia contract law.
Businesses in Georgia must understand the terms and conditions of their contracts thoroughly to protect their interests. In case of a breach, they should consult with qualified legal experts at Beal Sutherland Berlin & Brown who specialize in business contract law to navigate the complexities of the legal system and seek appropriate remedies, which may include compensation, specific performance, or other forms of relief. Do not hesitate to reach out to an experienced Atlanta breach of contract attorney at our firm.
How To Prove a Breach of Contract
Proving a breach of contract in Georgia typically involves several key elements:
- Existence of a Valid Contract: The first step is to establish the existence of a legally valid contract. This requires showing that there was a mutual agreement between the parties, which may be in writing or verbal.
- Terms and Obligations: Clearly demonstrate the terms and obligations specified in the contract. These terms should outline what each party agreed to do.
- Breach of Contract: Describe how the other party did not carry out their end of the bargain. To do this, it is often essential to demonstrate that the violation was material—that is, that it seriously hampered the contract's objectives.
- Notification: Inform the party that violated the agreement of the breach. Sending a formal notice outlining the violation and asking for remedies or performance in accordance with the terms of the contract may be one way to do this.
- Damages: Quantify and present evidence of any damages incurred due to the breach. This could include financial losses, extra expenses, or missed opportunities.
- Documentation: Keep records, correspondence, and any relevant documents that support your claim. These records can serve as crucial evidence in court.
To successfully prove a breach of contract in Georgia, it's essential to have a thorough understanding of the contract's terms. Be sure to contact a seasoned breach of contract attorney in Atlanta at Beal Sutherland Berlin & Brown -- we specialize in business contract law and are ready to provide you with expert guidance. Contact us today.
Our Recent Breach of Contract Case
In a recent case, we were able to convince the Georgia Court of Appeals that a non disparagement clause in a separation agreement between lawyer of a firm should prevent all disparaging comments made, even those in furtherance of a free speech right. LLW Link. In another contract case, we convinced the Court of Appeals that exclusionary language in a severance agreement for the president of a multi national manufacturing company prevented the introduction of language regarding a retirement plan, preventing the employer from introducing evidence that the language of a plan could be used to limit the president’s recovery after leaving the company. In yet another, we convinced the Georgia Court of Appeals to exclude improper testimony in the valuation of a breach of contract matter between two entrepreneurs who owned and operated a company that rented residential property.
Breach of contract is fundamental to interpreting the rights of entrepreneurs who own and operate a company. While most lawyers think contract interpretation is only an elementary part of representing owners and shareholders or a company, we recognize that the interpretation of the contract holds the key to success in most business representations. In many instances, the contract the parties are disputing involves a contract of insurance.
A brief snapshot of some of breach of contract litigation includes the following:
- Successfully handled appeal on behalf of private real estate investor in claims that his contract was impossible to perform based upon the time restrictions.
- Represented Real Estate Investment Company in claims for improper foreclosure regarding its operational loans.
- Representation of former CEO of manufacturing company denied his severance through the Georgia Court of Appeals.
- Successful litigation and appeal of former partners' non disparagement contract.
Roger Stonecipher pictured at the Court of Appeals after successful oral argument at Breach of Contract Case