Atlanta Business Lawyer Blog

In my career as an Atlanta, Georgia construction lawyer, I have found that Georgia builders and contractors commonly rely on the one-year new home warranty, mandated by state law, to shield them from accountability for home construction defects. Unfortunately, many new homeowners are unaware that in Georgia, the one-year warranty period does not set a time limit on their ability to rectify Georgia construction defect issues. The fact is that homeowners can sue for compensation related to defects that are discovered after the warranty period has expired.

To ensure proper treatment for home defect issues, it is imperative to consult with an experienced Georgia Real Estate Construction Lawyer as soon as the defects are discovered. An effective strategy for fighting construction defects is to file a breach of construction contract claim. Breach of contract can consist of the builder or contractor not using the proper materials for the job, failure to build the structure to industry standards, poor workmanship on the project and incomplete work. The Georgia statute of limitations for claims involving breach of written contracts is six years, which in many cases is sufficient time for defects to surface. What is more, the statute of limitations only begins to run on latent defects when they are discovered or should have been discovered.

A lawyer qualified to handle Georgia construction breach of contract disputes can guide homeowners through the options for recovering financial losses already incurred and for obtaining monies to repair home defects. Builders and contractors frequently will try to convince homeowners that the one-year warranty period precludes them from having to make an effort to resolve the defects. In these cases the builder is mistaken. Nevertheless, consulting with an Atlanta, Georgia home defect attorney immediately is a prudent first step toward confronting the builder or contractor and the process of forcing the responsible party to correct any problems the homebuyer may have.

Continue reading " GEORGIA HOME CONSTRUCTION DEFECTS -- THE ONE-YEAR WARRANTY PERIOD EXCUSE BUILDERS USE TO TRY TO AVOID THEIR LEGAL RESPONSIBILITIES IS A BOGUS BUILDER TRICK – DO NOT FALL FOR IT! " »

In my practice as an Atlanta, Georgia lien attorney, I can assure you Georgia liens are an important tool that builders, subcontractors and suppliers use when a property owner is delinquent on payment for a construction project. As a Atlanta, Georgia Construction lien attorney, I have seen changes in recent years to Georgia lien laws that have had a dramatic impact on the outcome of payment disputes on construction projects. The changes include important benefits for all concerned.

Changes to the law include how a lien is filed, removal of a lien and enforcement of a lien. One important modification is that in Georgia, only a licensed Georgia attorney may file a lien. Some of the changes to the law are so subtle, that only lawyers specializing in Georgia construction law may be able to properly file a lien. As a result, property owners, contractors, subcontractors and suppliers should always seek the qualified counsel of a Georgia construction attorney to handle lien issues.

Benefits of the changes in the lien law include the following. Property owners can contest a lien by sending the contractor a “Notice of Contest.” After receiving the notice, if the contractor wants to proceed, then the contactor must file a lawsuit within 60 days. Failure to file within 60 days invalidates the lien. Another benefit to the property owner is that an expiration date now is required on the lien. The modified law states that contractors will receive a copy of a filed lien when a “Notice of Commencement” is issued and subcontractors and suppliers will be notified when the property owner has bonded out a lien.

Continue reading " A GEORGIA LIEN LAWYER MUST FILE A LIEN IN CONSTRUCTION PAYMENT DISPUTES " »

Over the past few years in my Atlanta, Georgia business law firm, I have found that causes of action for breach of contract are much more prevalent today than in recent history. As an Atlanta Business Litigation Attorney, I have seen this trend steadily increase and attribute it to both the current economic situation and to the fact that we live in a highly transactional society.

Contracts can be written or oral and others are merely implied, but they can all be valid contracts under Georgia law. The number of businesses that provide services to each of us on a business or personal level is staggering – lending and investment institutions, Internet service providers, hospitals, lawn care services, etc. We use contracts when we set up a Georgia business entity, buy or lease office space or hire employees. The list is endless. Thus, disputes and litigation of Georgia breach of contract cases is endless as well.

Business contracts are used to substantiate and clarify the commitment to an agreement between at least two parties or more. With the shear volume of contracts that we come in contact with, it is not surprising that legal claims for breach of contract are common. A breach of contract occurs when the promise made per a contract is not fulfilled. For example, a breach of contract exists when the service or product specified in the contract is not delivered, if payment for the service or product is not made in a timely fashion, or if there is a failure to complete or start the work specified in a contract.

When faced with a breach of contract, it is best to seek the counsel of an experienced Georgia business attorney who handles breach of contract disputes. An attorney will analyze the situation and pursue the most appropriate course of action. Once a breach occurs, the non-breaching party is usually freed from the contractual obligation. Georgia courts typically resolve these cases by awarding damages that make the non-breaching party whole, as if they had never entered into the contract. When money awarded by the court does not fully compensate for the breach, the breaching party may be ordered to fulfill the terms of the agreement anyway. If the breaching party is found to be intentionally acting in bad faith, the court may award attorney’s fees as well as punitive damages to the harmed party.

Continue reading " GEORGIA BREACH OF CONTRACT CLAIMS ARE ON THE RISE IN ATLANTA " »

As an Atlanta employment dispute attorney, I am quite sure I speak for most persons when I say that looking for employment is exceedingly stressful. Moreover, when an offer of employment finally comes in from an employer, it can be a whirlwind experience. Because the hiring process can be rushed for both the new employee and the company, many Georgia employment agreements are entered into without giving sufficient consideration to key factors. Unfortunately, not paying attention to the details of an employment agreement up front can be a big mistake in the long run.

In my Atlanta, Georgia Business Law firm, I have counseled clients on both sides of the table regarding Georgia employment agreement disputes. Oftentimes, these cases hinge on the circumstances under which the employment agreement was signed. When an employment disagreement arises, Georgia courts likely will take into consideration many factors surrounding the signing of an employment agreement. This is especially true concerning whether the employee was presented with the agreement before employment actually began. If an employer gives the employee an employment agreement before employment begins as well as ample time to review the agreement and consider the implications of signing, then it is more likely that the court will favor the employer and enforce the signed contract. The terms of employment should be presented before work begins and supplying the employee with a comprehensive contract will allow for fair “arm’s length” negotiations between parties.

Before signing any employment contract it is always wise to ask a Georgia Business Employment Contract Attorney to review the terms and conditions of the agreement. An experienced contract lawyer will be able to spot potential issues or areas that are lacking in the contract that might become a problem in the future. It is even more critical for an employee to retain a Georgia employment contract attorney if asked to sign an employment agreement after work has already begun. The courts do not typically tolerate this type of approach by companies, especially if the terms set out are not favorable for the employee. Examples are if the contract presented spells out a reduction in employee benefits or a change in remuneration.

Continue reading " GEORGIA EMPLOYMENT AGREEMENT DISPUTES, LITIGATION, AND RESOLUTION – UPFRONT DILIGENCE IS THE KEY TO AVOIDING LONG TERM PROBLEMS " »

The building, renovation, or repair of a home can involve great expense and stress, even when the project is going smoothly. But when issues arise with contractors over construction defects, the cost and stress of the project can spiral out of control. The resulting mess can ultimately lead to a lawsuit that does not always solve the homeowner’s issues completely. The Georgia Right to Repair Act of 2004 was created to protect homeowners and help them handle these types of construction disputes in a more cost effective and efficient manner. The Act attempts to get homeowners and contractors to work together to solve these disputes without Georgia construction defect litigation or arbitration in a Georgia forum.

The Georgia Right to Repair Act requires that the homeowner perform a series of tasks before seeking relief from the Georgia court system or through the Georgia construction arbitration process. While it is open to question that the Right to Repair Act Letter can be waived by the parties to a construction defect dispute, the general process is that homeowners are first required to inform the contractors in writing of the construction defects. After that, the contractors are allowed a chance to correct the defects. They may opt to fix the problem completely or partially, offer a monetary settlement in place of a fix, or a combine the two methods. Over a 3-month period, several communications are required that must fall within a specific timeline before a lawsuit or an arbitration complaint can be filed by the homeowner. If the contractor fails to respond to the initial notice, or if the settlement offered is inadequate or never executed, the homeowner may file a Georgia construction defect lawsuit or proceed with the Georgia arbitration process for resolution of the construction defect.

Most homeowners will not be able to perform these tasks adequately without the help of an Georgia construction law firm. Failure to comply with the complete series of requirements outlined in the Act will affect the homeowner’s ability to pursue a legal claim. Moreover, the failure to send a Right to Repair Act Letter can be used as an effective defense against defective construction claims. In effect, the steps required by the Right to Repair Act are best handled by an experienced Georgia Construction Defect Attorney who can protect the homeowner's rights and ability to file a claim.

Continue reading " GEORGIA CONSTRUCTION DEFECT ATTORNEYS NAVIGATE THE RIGHT TO REPAIR ACT ON BEHALF OF HOMEOWNERS " »