Arbitration can be an effective means of dispute resolution, especially for parties who desire a fast resolution on a complex issue. The Official Code of Georgia contains a section laying out the necessary procedures for arbitration in Georgia. This section is generally referred to as the Georgia Arbitration Code, and is located at O.C.G.A. §9-9-1, et seq.
Arbitration, though very similar to the court system, can provide parties involved in business disputes with some unique advantages. First, the parties dictate how they want the arbitration to proceed by designing their own timelines. Unlike the Georgia court system where it typically takes at least a year (or sometimes much longer) for a case to proceed to trial, the parties to an arbitration can schedule a final arbitration hearing within a few months after initiating the arbitration process. This is why many business contracts specify that arbitration is the required form of dispute resolution if a conflict arises. Another advantage to arbitration is that the parties can select an arbitrator who has specialized training or experience in a technical or specialized area of the law. This is in marked contrast to the court system where judges, though generally knowledgeable on the law, may not have any pertinent experience related to a complex business matter, such as construction, intellectual property, or employment. When parties use the court system, it is also important to note that they have no say in which judge is ultimately appointed to oversee their cases, while in arbitration, the parties typically collaborate in choosing a specific arbitrator.
Whether you may be involved in a Georgia business litigation case or are presently engaged in an ongoing business dispute, our Atlanta business lawyers would welcome the opportunity to evaluate your situation and advise you of your options.
Our Firm would welcome the opportunity to assist you concerning your business litigation and dispute needs. Please feel free to contact us (404) 467-8611 or 1-877-412-3267 to discuss your options. Please also feel free to send us a confidential e-mail through our Web Site “Contact Us” form. The Adams Law Offices has its main Atlanta, Georgia office conveniently located in the heart of Buckhead near the intersection of Roswell and Piedmont roads. Our Firm represents clients throughout the Metro Atlanta area, Georgia, and the United States, including: Atlanta, Alpharetta, Fairburn, Roswell, Sandy Springs, Buckhead, Decatur, Lithonia, Druid Hills, Dunwoody, Tucker, Marietta, Cumming, Smyrna, Vinings, Duluth, Acworth, Fayetteville, Marietta, Lawrenceville, Norcross, Morrow, Riverdale, Canton, Milton, John's Creek; DeKalb County, Fulton County, Cobb County, Forsyth County, Gwinnett County, Fayette County, Clayton County, and Cherokee County; LA, FL, TX, SC, NC, AL, OH, MI, CA, NY, CO, TN, NV, MO, AZ, NJ, VA, and NM.
Design Defects: These defects occur when a design professional, such as an architect or engineer, creates a building design, which is not within acceptable industry standards. A simple illustration of design defect is the creation of a building with a roof that results in poor drainage, inadequate structural support, or allows water penetration.Material Defects: These occur when substandard building materials are used and/or cause damage to the building. An illustration of the use of substandard building materials would be leaking windows even though they have been properly installed (Note: Here, the window materials must be defective).
Construction Deficiencies: These usually arise from poor craftsmanship or workmanship that is not performed in a professional workmanlike manner, which is acceptable in the industry. An illustration is cracks in foundations or walls, rotting wood, electrical problems, and plumbing leaks.
Subsurface Deficiencies: These usually arise when houses are built on hills and areas were providing a stable foundation is difficult or where the builder fails to secure a suitable foundation. An illustration of this would be structural movement or shifting, building without proper grading or below grade.
The Adams Law Offices can assist you in determining who is responsible for the defects in your home and assist you in prompting the responsible parties to take corrective measures or assess monetary damages. We provide experienced legal representation through experienced Atlanta construction, arbitration, and home defect dispute lawyers and staff.
Our Firm welcomes the opportunity to be of service to you. Please feel free to call our Firm (404) 467-8611 or toll free at 1-877-412-3267, to discuss your options. You can also send us a message through our confidential Web Site form. The Adams Law Offices is conveniently located in the Buckhead section of Atlanta, Georgia near the intersection of Piedmont and Roswell Roads.
The Adams Law Offices represents clients throughout Atlanta and North Georgia area including the following in the cities and counties: Atlanta, Alpharetta, Fairburn, Roswell, Sandy Springs, Buckhead, Decatur, Lithonia, Druid Hills, Dunwoody, Tucker, Marietta, Smyrna, Vinings, Duluth, Acworth, Fayetteville, Marietta, Cumming, Lawrenceville, Norcross, Morrow, Riverdale, Canton, Milton, John's Creek; Fulton County, DeKalb County, Cobb County, Gwinnett County, Forsyth County, and Fayette County. We also serve as local counsel and represent clients who are from across the United States, including the following States: LA, FL, TX, SC, NC, AL, OH, MI, CA, NY, CO, TN, NV, MO, AZ, NJ, VA, and NM.
It is important to have an experienced Georgia business law firm set up your Georgia LLC. The costs are relatively inexpensive considering the time, investment, and serious nature of operating your Georgia LLC. Our Atlanta, Georgia, business attorneys can give you an overview and guidance on how to keep records and conduct business. Moreover, while it may seem easy to operate an LLC, seeking and following the advice and guidelines of an experienced Georgia Business Attorney is critical. Our Georgia business lawyers will walk you through the steps to protect your business as well as your personal assets. This could very well prevent “Piercing the Corporate Veil” and accessing your personal assets to pay liabilities and debts of the LLC. This is just one reason it is so important to have an experienced Georgia business lawyer work with you in setting up your LLC.
NOTE: Buying some “operating agreement” form over the internet to set up your business affairs likely is an immense and potentially costly mistake. This type action can get you in significant legal trouble with dire legal consequences. Likewise, setting up an LLC online and/or without the representation of a Georgia business lawyer is a dangerous and likely costly and poor business decision.
Once the initial research has been performed and information has been gathered concerning the structure of the Georgia LLC, the LLC’s application, By-Laws, Articles, Registered Agent, and other important matters are submitted to the Georgia Secretary of State for processing. Georgia law firms with significant experience in this area also can set these matters up online and a proper Georgia LLC can be set up in just a couple of days. Provided everything is in order, the Georgia LLC is created and its members will be authorized to do business as the LLC in the state in which the LLC is organized.
An operating agreement is arguably the most important document for any corporation or partnership. This is especially true for any LLC and the members of the LLC. It is a governing document and should set forth the powers of the LLC, its members and management. It also defines the obligations of the members to each other and to the LLC. Because the operating agreement is the controlling document between the members and the LLC, it should set forth the complete understanding between the members including all the terms and conditions which define the members’ relationship with each other and with the LLC. Failure to create an operating agreement is an invitation for expensive and protracted litigation. I find this especially true when family members are working together. Believe it when I say that I have repeatedly seen family discord arising out of a Georgia family run and/or owned LLC not having an effective and well-drafted operating agreement.
As such, prudence requires that all LLCs have an operating agreement no matter how the members feel they may get along at the time the LLC formed. Of course, it is most prudent to have an LLC in place prior to starting business and an operating agreement set up simultaneously. If an LLC has not created an operating agreement prior to doing business, it is highly advisable that it create one as soon as possible to avoid any future misunderstandings or problems, which may arise because the LLC failed to create one.
Even if the LLC has only one member, a single member operating agreement is necessary to insure that the member is indemnified by the LLC in the event of a problem. Moreover, a single member operating agreement is extremely beneficial in anticipating new members and/or the sale of the LLC, and in granting powers and benefits to the member, which the member may not already have under state law. Multiple member operating agreements are of course more complex than single member operating agreements because they also need to address the relationships of all the members. There are also tax consequences for how your LLC is set up -- Sole Member or Multiple Members --
You should consult with an experienced Georgia Business law firm who can appropriately advise you and help you to create an operating agreement that addresses the specific needs of you and your business. The Adams Law Offices represents business owners, entrepreneurs, individuals, and families in business matters and their business dealings. We provide experienced legal representation through exceptional Atlanta Business lawyers.
Our Firm has many decades of combined experience through its experienced Atlanta business attorneys staff. Should you have any questions or desire any assistance, our Firm welcomes the opportunity to be of service to you. Please feel free to call our Firm (404) 467-8611 or toll free at 1-877-412-3267, to discuss your options. You can also send us a message through our confidential Web Site form. The Adams Law Offices is conveniently located in the Buckhead section of Atlanta, Georgia, near the intersection of Piedmont and Roswell Roads.
The Adams Law Offices represents business clients throughout the Atlanta and North Georgia area including the following in the cities and counties: Atlanta, Alpharetta, Fairburn, Roswell, Sandy Springs, Buckhead, Decatur, Lithonia, Druid Hills, Dunwoody, Tucker, Marietta, Smyrna, Vinings, Duluth, Acworth, Fayetteville, Marietta, Cumming, Lawrenceville, Norcross, Morrow, Riverdale, Canton, Milton, John's Creek; Fulton County, DeKalb County, Cobb County, Gwinnett County, Forsyth County, and Fayette County. We also serve as local counsel and represent clients who are from across the United States, including the following States: LA, FL, TX, SC, NC, AL, OH, MI, CA, NY, CO, TN, NV, MO, AZ, NJ, VA, and NM.
“Phantom income” occurs most frequently in Subchapter S corporations and limited liability companies (LLCs), which are presently the most common and popular business entity forms for doing business in Georgia. This is especially true in small businesses owned by taxpayers who may not be aware how “phantom income” can be incurred or what “phantom income” is.
“Phantom income” occurs when Subchapter S corporations and LLCs are taxed. The income in these business entities is passed to the owners whether or not cash is actually distributed to the owners. Moreover, if a business makes a profit, at least for tax purposes, but the business owner(s) keeps most of the money in the business as so often is the case (especially in small businesses), then a “phantom income” scenario can result.
For example, suppose your business has a tax profit of $100,000, but you only distribute $10,000 because you need the rest of the money in the business to keep operating the business. However, you are taxed on $100,000 even though you only received $10,000. This is one instance where you have been the unknowing casualty of “phantom income.”]]> If you are a majority business owner, avoiding “phantom income” can be easy. You, as the majority business owner, control the distribution of money from the business and distribute cash to yourself sufficient to pay your tax. However, if you are a minority business owner, you are at the mercy of the majority owner as to whether and/or when cash will be distributed to the owners. If the majority owner does not need the cash to pay his or her taxes (even though he has phantom income as well), then you are at risk of a “phantom income” situation. Therefore, a minority owner should insist on a “minimum distribution clause” in the corporate or LLC operating agreements or other governing business documents. Typically, these clauses require a distribution of at least 40% (forty-percent) of the amount of profit allocated to you. This gives you at least enough cash to pay your taxes.Thus, the question arises: How do you avoid phantom income? The answer is the proper drafting and prudent use of a well-crafted operating agreement.
A final word of caution is as follows: Be sure the majority owner’s typical right to amend the business operating documents excludes the right to amend the minimum distribution clause. Otherwise, “phantom income” may reappear.
Atlanta tax attorneys and Atlanta business attorneys should take great care not to place their clients in a “phantom income” situation. This is why you must choose Atlanta tax attorneys or Atlanta business attorneys who understand the complexity creating operating agreements for Subchapter S corporations and limited liability companies (LLCs). Our Firm assists clients in creating operating agreements that will protect the interests of the business owners while not creating unnecessary and troublesome tax complications and liability for any of the business owner(s). Our Firm can also assist you in any “phantom income” situation in which you may find yourself. We will work closely with you to find a resolution to any “phantom income” state of affairs in which you may find yourself. Our Atlanta business lawyers and Atlanta tax lawyers and experts will work closely with you on these matters. We can assist you in negotiating a resolution to your “phantom income” tax problems with your business partners, find a way to assist you in dealing with the IRS or Georgia Department of Revenue and take measures on your behalf so a “phantom income” tax situation does not reoccur.
The Adams Law Offices strives to be at the top of the Georgia business and tax law firms and prides itself on cost-efficient and cost-effective legal representation. Our Firm can advise, assist, and protect you and your business as well as minimize your liability for tax purposes. We would welcome the opportunity to assist you with your tax and business matters. Please feel free to call our Firm at (404) 467-8611 or 1-877-412-3267, to discuss your options. You can also send us a message through our confidential Web Site Form. Our Firm is conveniently located in the Buckhead section of Atlanta, Georgia, near the intersection of Piedmont and Roswell Roads.
Our Firm assists clients throughout the Metro Atlanta area, Georgia, and the United States. Some of these areas include the following cities, communities, counties, and US States:
Atlanta, GA metro area, Alpharetta, Fairburn, Roswell, Sandy Springs, Buckhead, Decatur, Lithonia, Druid Hills, Dunwoody, Tucker, Marietta, Smyrna, Vinings, Duluth, Acworth, Fayetteville, Marietta, Lawrenceville, Norcross, Morrow, Riverdale, Canton, Milton, John's Creek; DeKalb County, Fulton County, Cobb County, Gwinnett County, Fayette County, Clayton County, and Cherokee County; LA, FL, TX, SC, NC, AL, OH, MI, CA, NY, CO, TN, NV, MO, AZ, NJ, VA, and NM.
The Georgia Legislature has recently made subtle but significant changes to the lien laws in Georgia. These changes state when and how a lien must be filed, how it can be removed, and how the lien may be enforced.
Several years ago, the law was changed to state that only attorneys may file liens. However, even Georgia real estate and construction attorneys may not be familiar with these changes and the various statutory requirements and “hoops” one must “jump through” to have a valid lien on file in the property records. Consequently, it is very important to consult Atlanta Construction Lawyers very familiar with lien laws in general, and the new changes in particular, if you are a contractor, subcontractor, or supplier looking to protect your rights, or if you are a property owner looking to challenge a lien.
In this ever-changing real estate and construction market, it is increasingly important to protect your hard work and your real property investment. This is why you must choose Atlanta real estate, construction, and business attorneys who understand the complexity of these revised lien laws and who can advise you on how to protect your business, your hard work, as well as your investment.
The Adams Law Offices has been at the forefront of the revised lien laws and the new Georgia construction arbitration statutes as they relate to contractors, builders, and homeowners alike. Our Firm of Atlanta construction attorneys specialize in liens, the “Right to Repair Act,” the new Georgia construction arbitration statutes, procedures and laws.
We would welcome the opportunity to discuss your construction, real estate and business matters with you. Please feel free to call our Firm (404) 467-8611 or 1-877-412-3267, to discuss your options. You can also send us a message through our confidential Web Site form.
Our Firm is conveniently located in the Buckhead section of Atlanta, Georgia, near the intersection of Piedmont and Roswell Roads.
Our Firm assists clients throughout the Metro Atlanta area, Georgia, and the United States. Some of these areas include the following cities, communities, counties, and US States:
Atlanta, GA metro area, Alpharetta, Fairburn, Roswell, Sandy Springs, Buckhead, Decatur, Lithonia, Druid Hills, Dunwoody, Tucker, Marietta, Smyrna, Vinings, Duluth, Acworth, Fayetteville, Marietta, Lawrenceville, Norcross, Morrow, Riverdale, Canton, Milton, John's Creek; DeKalb County, Fulton County, Cobb County, Gwinnett County, Fayette County, Clayton County, and Cherokee County; LA, FL, TX, SC, NC, AL, OH, MI, CA, NY, CO, TN, NV, MO, AZ, NJ, VA, and NM.
On top of the legitimate “deals gone bad” amongst Atlanta, Georgia business deals and relationships, the perceptions of doing business in the Metro Atlanta area have also changed. Businesspersons of all sorts have become ever increasingly apprehensive and even mistrustful of many business dealings with otherwise close partners, acquaintances, and colleagues.
In these ever-changing economic times, one premise of business relationships has become abundantly clear. It is as follows: Look out for number one and be wary, skeptical, and guarded of all others! In fact, deals that would have otherwise have been done on a handshake; now need top-level scrutiny by experienced and sophisticated Atlanta business attorneys.
If you feel you are in a vulnerable situation as to your business relations or you may suffer damages because of the business dealings of others, or you just want to make sure you are protected in these troubled ruthless times, you should contact one of our Atlanta business lawyers to evaluate your situation and advise you accordingly. The Adams Law Offices assists individuals, businesses, and entrepreneurs in Atlanta business litigation claims, business transactions, and protection of businesses and their corresponding individuals.
Our Firm would welcome the opportunity to assist you concerning your business needs. Please feel free to contact us (404) 467-8611 or 1-877-412-3267 to discuss your options. Please also feel free to send us a confidential e-mail through our Web Site “Contact Us” form.
The Adams Law Offices has its main Atlanta office conveniently located in the heart of Buckhead near the intersection of Roswell and Piedmont roads. Our Firm assists clients throughout the Metro Atlanta area, Georgia, and the United States. Some of these areas include the following cities, communities, counties and US States:
Atlanta, GA metro area, Alpharetta, Fairburn, Roswell, Sandy Springs, Buckhead, Decatur, Lithonia, Druid Hills, Dunwoody, Tucker, Marietta, Smyrna, Vinings, Duluth, Acworth, Fayetteville, Marietta, Lawrenceville, Norcross, Morrow, Riverdale, Canton, Milton, John's Creek; DeKalb County, Fulton County, Cobb County, Gwinnett County, Fayette County, Clayton County, and Cherokee County; LA, FL, TX, SC, NC, AL, OH, MI, CA, NY, CO, TN, NV, MO, AZ, NJ, VA, and NM.
]]>If you are the owner who just bought a new property and want to bring claims for defective construction against the builder in the Metro Atlanta area, you are going to want to know who may be liable for your damages, and equally as important, from whom will you be able to recover. Conversely, if you are an Atlanta area contractor, subcontractor, or other construction professional who has been sued, you will want to analyze your exposure: who is at risk and for how much?
In my experience as a Georgia construction litigation and arbitration attorney, people, including attorneys who do not commonly handle construction cases, answer these questions by looking to the construction company. Many people assume that if the company is incorporated, the individuals who own and work for the company are protected from any liability.
Under Georgia law, however, there are numerous ways that an officer or employee of a corporation may be personally liable for claims raised in a construction suit. These can be powerful weapons in construction litigation. It is critical that any person involved in these suits, whether as plaintiffs or defendants, be aware of these potential claims and, more importantly, hire an attorney who knows and understands these issues. Our Atlanta business litigation attorneys will analyze what is known as “piercing the corporate veil”. This legal tactic allows Atlanta business, construction and arbitration attorneys to recover monies from builders and contractors who have not run their company properly.
The Adams Law Offices helps individuals, homeowners, businesses, builders, contractors and construction companies in real estate litigation in Georgia construction arbitration, real estate disputes as well as other related legal matters.
Please feel free to contact us (404) 467-8611 or 1-877-412-3267 to see how we can assist you. Please also feel free to send us a confidential e-mail through our Web Site contact us form. The Adams Law Offices is conveniently located in the Buckhead section of Atlanta, Georgia near the intersection of Piedmont and Roswell Roads.
Our Firm helps clients throughout the Metro Atlanta, Georgia area including the following cities, communities, and counties:
Atlanta, GA metro area, Alpharetta, Fairburn, Roswell, Sandy Springs, Buckhead, Decatur, Lithonia, Druid Hills, Dunwoody, Tucker, Marietta, Smyrna, Vinings, Duluth, Acworth, Fayetteville, Marietta, Lawrenceville, Norcross, Morrow, Riverdale, Canton, Milton, John's Creek and other cities throughout North Georgia. DeKalb County, Fulton County, Cobb County, Gwinnett County, Fayette County, Clayton County and Cherokee County
To be brief, they are looking for a way out of paying you under the obligations of your Georgia new construction contract. Under their theory, a penny owed and not paid, is a penny earned. This is a terrible and pitiful way to try to get of paying under the new construction or new home purchase contract or bargain for a reduction in price. This is especially true given the tough times that construction professionals are enduring in Georgia. These hard-working construction professionals must be paid every penny they have contracted for and earned. This is especially true given the harsh financial and real estate environment they must endure.
]]> There are a few “red flags” construction professional need to be aware of, seek, and retain an experienced Georgia construction arbitration and real estate dispute lawyer to collect your unpaid draws, and monies and allow you to finish your construction project. There are many unclear indications that the purchaser or homebuyer is trying to find a way out of paying you. Some of these manners and methods will be very clear to you, while others will be indirect and unusual.
In my Georgia construction arbitration and real estate dispute law firm, I handle many matters where purchasers and buyers of new homes are refusing to pay for the design and construction of their home and complaining about upgrades, construction timing issues, “punchlist" items, quality of work, and sub-contractors issues. The list of items and excuses I have heard is endless, somewhat pathetic and every now and then, humorous.In successfully representing countless Georgia architects, contractors, builders, sub-contractors and other construction professionals, it is important to note that arbitration clauses in new construction contracts are binding and the sole remedy for causes of action and claims, which occur on or after April 28, 2006. Any prior construction or building dispute claims shall continue to be governed by prior law.
As such, every construction professional should know that new home purchasers and buyers are looking for any and every way to avoid paying the full and just price for their new home. The fact that they may have fallen on difficult financial times is their problem, not yours.
Be aware of the following:
• Receipt of a “Notice of Claim” stating any failure to respond to requests or comply with your contractual obligations.• A written offer of settlement from the new home purchaser or buyer, which alters the terms of your original contract.
• The new home purchaser of buyer has hired a Georgia real estate, construction or any other attorney to write letters to you or negotiate with you about the price of the home, your work, or other matters relevant to your work or the price of the home.
• Alteration of a procedure for notice or the changing the terms of the Georgia construction contract.
• Offers to settle a claim by monetary payment, the making of repairs, or a combination of both, without inspection.
• Proposals to inspect the new construction or home.
• Constant complaining about small construction issues. These are often considered and called “punchlist” items by construction professionals.
• Failures to timely pay you or excuses not to pay you whether based on your work or otherwise.
• Any other matters out of the ordinary that seem to imply your work is sub-standard or even the appearance that your construction is “not good enough.”
• Constant and incessant complaining about non-standard construction issues.
• Requests by the home purchaser or buyer to use “their own" contactor or builder.
• Requesting that a “relative,” “friend,” or spouse do work on your construction project or oversee matters.
• Input about how you should do your job from parties who are not part of the contract.
• Input from parties who insist they are correct and not part of your construction team.
Our Firm has a comprehensive list of the issues the Georgia home purchaser or homebuyer will complain about.
Under O.C.G.A. 08-02-38, if you receive any notice or evidence for any type of claim or statement for deficient construction, please know you must respond to according to statutory law and there are strict legal manners and methods under which a Georgia construction professional must respond. If any Georgia architects, contractors, builders, sub-contractors and other construction professional are experiencing such acts, mannerisms or circumstances from the new home purchasers or buyers, you should immediately seek the counsel of an experienced Georgia construction arbitration or real estate dispute lawyer to assist you with your response.
The Adams Law Offices helps Georgia architects, contractors, builders, sub-contractors, and other construction professional collect payment under their contract for construction services and not fall victim to complaining and nagging home purchasers or buyers. Our Firm has extensive experience in Georgia construction arbitration, real estate disputes and other legal matters experienced by construction professionals.
Please feel free to contact us (404) 467-8611 or 1-877-412-3267 to see how we can assist you. Please also feel free to send us a confidential e-mail Web Site contact us form. The Adams Law Offices is conveniently located in the Buckhead section of Atlanta, Georgia near the intersection of Piedmont and Roswell Roads.
The Adams Law Offices helps clients throughout the Metro Atlanta, Georgia area including the following cities, communities, and counties:
Atlanta, GA metro area, Alpharetta, Fairburn, Roswell, Sandy Springs, Buckhead, Decatur, Lithonia, Druid Hills, Dunwoody, Tucker, Marietta, Smyrna, Vinings, Duluth, Acworth, Fayetteville, Marietta, Lawrenceville, Norcross, Morrow, Riverdale, Canton, Milton, John's Creek and other cities throughout North Georgia. DeKalb County, Fulton County, Cobb County, Gwinnett County, Fayette County, Clayton County and Cherokee County
]]>Because nearly every Georgia new construction contract contains a form of arbitration provision, this is important news for everyone in Georgia involved in new construction, building or renovation. This is especially true for the purchasers and buyers of any newly constructed home in the Atlanta area. Businesses and families entering into new construction, building, or renovation contracts should be extremely cautious about clauses that limit the remedy of any new construction or real estate dispute to binding decision via the arbitration process. This is because the Supreme Court of Georgia has recently ruled, arbitration clauses in new construction contracts are legally binding and your sole remedy under Georgia real estate, construction and contract law. In other words, if you feel the decision made by the arbitrator or arbitration tribunal, was legally wrong or flawed, you have no right to appeal to a higher court of law, or any other court of which would have had jurisdiction had there been no arbitration clause in your Georgia real estate construction contract.
Here is a short list of the types of construction defect cases our Firm handles and which are likely subject to Arbitration:
• Roof Problems and Defects
• Foundation Problems
• Water Leaking, Intrusion and Infiltration
• Improper Drainage or Draining Failure
• Mold and Defective or Dangerous Air Ventilation
• Improper Grading
• Violation of County and State Building Codes
• Improper Foundation Placement
• Failure to Diagnose or Set up Safety Features
• Improper Stucco or Flooring
• Brick Defects and Mortar Issues
• Roof Defects
• Building Code Violations
• Construction Site Safety
• Americans with Disabilities Act (ADA) Inspections and Compliance Reports
• Safety Code Violations
• Construction Management
• Structural Design Flaws
In order to properly protect your real estate investment, I strongly feel that anyone entering into to a construction contract or a new home building contract should retain a real estate business contract lawyer to review, negotiate, or redraft any real estate construction contracts which are unfair to you or “one-sided” in favor of any other party to the contract. In my opinion, as a Georgia construction law attorney and Atlanta construction lawyer, a “best practice rule" for entering into any new construction contract or real estate building contract, is to hire a real estate business contract attorney or construction lawyer to review and make changes to any Georgia real estate contract to protect your interests and investment.
Partners owe a fiduciary duty to each other and are generally jointly and severally liable for partnership responsibilities, liabilities, and debts. Therefore, our Firm's advice is not to let your partner off the hook just because you are adhering to your own sense of responsibility. If you have been in partnership and feel you have been left with all the responsibilities, liabilities and debts of a failed partnership, please know that you should contact an Atlanta partnership litigation attorney immediately. The Adams Law Offices assist individuals, businesses, and entrepreneurs in holding their respective partners to their obligations. Despite the circumstances of your failed business and/or partnership, our Firm would appreciate the opportunity to hear about your circumstances and offer our assistance in rectifying and equalizing your partnership responsibilities.
Please feel free to contact us at (404) 467-8611 or 1-877-412-3267 to discuss your options. Please also feel free to send us a confidential e-mail through our contact us form. The Adams Law Offices is conveniently located in the Buckhead section of Atlanta, GA near the intersection of Piedmont and Roswell Roads.
Our Firm represents clients in the Atlanta metro area, Alpharetta, Fairburn, Roswell, Sandy Springs, Buckhead, Decatur, Lithonia, Druid Hills, Dunwoody, Tucker, Marietta, Smyrna, Vinings, Duluth, Acworth, Fayetteville, Marietta, Lawrenceville, Norcross, Morrow, Riverdale, Canton, Milton, John's Creek and other cities throughout North Georgia.
A breach of contract in legal terms amounts to a broken promise to do, or not do an act. Under general principles of law, a breach of contract occurs when a party fails to perform any material term of a contract without having an acceptable legal reason. The contract may be written, oral, or even implied. Under Georgia law, a breach of contract may include not finishing a job, failure to make payment in full or on time, failure to deliver goods, substituting inferior or significantly different goods, not insuring goods, or even failure to begin work on an agreement. In fact, if a party conveys they will not be able to perform under a contract, this is constitutes a form of breach of contract called “anticipatory breach,” and occurs where a party indicates by words or acts that party will not begin, complete, or otherwise materially perform the promised work.
If you feel you have, or will, suffer damages because of a breach of contract, you should contact an Atlanta breach of contract lawyer immediately. The Adams Law Offices assist individuals, businesses, and entrepreneurs in enforcing contractual obligations and aggressively seeking damages against parties who breach contracts.
Regardless of your circumstances, our Firm would appreciate the opportunity to hear about your breach of contract claim or see how we might otherwise provide beneficial services to you. Please feel free to contact us (404) 467-8611 or 1-877-412-3267 to discuss your options. Please also feel free to send us a confidential e-mail Web Site contact us form. The Adams Law Offices is conveniently located in the Buckhead section of Atlanta, GA near the intersection of Piedmont and Roswell Roads. Our Firm represents clients in the Atlanta metro area, Alpharetta, Fairburn, Roswell, Sandy Springs, Buckhead, Decatur, Lithonia, Druid Hills, Dunwoody, Tucker, Marietta, Smyrna, Vinings, Duluth, Acworth, Fayetteville, Marietta, Lawrenceville, Norcross, Morrow, Riverdale, Canton, Milton, John's Creek and other cities throughout North Georgia.
In my practice as an Atlanta, Georgia house defect lawyer, I find more and more cases where builders/contractors and their sub-contractors are cutting corners in the building of your house to make ends meet. When this is done, you are the one who is left with the defective house, many frustrating home defect problems and the inability to sell your house. These home defects usually result in you taking a large loss in market value of your home. This means that you are essentially stuck with a defective house unless you sell it for much less, than you paid.
The fact of the matter is, most builders will cut corners and build you a sub-standard quality building if they feel they can get away with doing this. This is more so the case with sub-contractors who do the majority of the work and should have to answer to the builder/contractor. In reality, however, the sub-contractors are usually left to themselves with the builder or contractor checking on them very seldom. It is important for you to know that the builder/contractor is responsible for the acts of sub-contractors and any negligent, wrong or defective building done by them. Many of sub-contractors will cut corners and hide this from the builder/contractor. Georgia law is clear, however, that the builder/contractor is responsible for any material defects concerning the building and construction of your house.
If you suspect your builder, contractor, or one of their sub-contractors are cutting corners in the construction of your house, or you want to ensure that your large investment in your home is protected, The Adams Law Offices represents all parties to construction, building, and real estate contracts, construction arbitration, mediation, disputes and litigation. This includes residential homebuyers, purchasers and sellers; residential homebuilders, builders, contractors and sub-contractors; and, commercial lessors and lessees. Our Firm specializes in aggressively resolving real estate, home defect and building disputes and represent clients throughout the metro Atlanta and North Georgia areas. The truth is, most building disputes arise when the damage is already done and one party to the contract needs to seek legal relief. However, we are available review, negotiate or draft any construction contract or home purchase and sale agreement so that you are protected.
Please feel free to contact us (404) 467-8611 or 1-877-412-3267 to see how we can assist you. Please also feel free to send us a confidential e-mail Web Site contact us form. The Adams Law Offices is conveniently located in the Buckhead section of Atlanta, GA near the intersection of Piedmont and Roswell Roads.
• Use of Substandard Building Materials
• Negligence in Construction
• Breach of Contract
• Home Building Fraud
• Fraudulent Home Disclosure
• Failure to Disclose Material Home Defects
• Misrepresentation in Home Selling, Building and Construction
• Hiding Defects in Home Purchase and Sale Agreements and Seller’s Disclosure Statements
• Non-Compliance with Industry Standards for Home Construction
• Failure to Maintain or Adhere to Industry Standards in Home Construction
• Incomplete or Poorly Completed Work in Building and Construction of Residence
If you feel that your builder, contractor or sub-contractor is cutting corners in the construction of your home, or you want to protect yourself from this possibility. The Adams Law Offices represents homebuyers, purchasers and investors in construction arbitration, real estate disputes and property litigation. Our Firm also reviews, negotiates, and drafts real estate construction, home building and business contracts. Please feel free to contact us (404) 467-8611 or 1-877-412-3267 to see how we can assist you or feel free to send us a confidential e-mail Web Site contact us form. The Adams Law Offices is conveniently located in the Buckhead section of Atlanta, GA near the intersection of Piedmont and Roswell Roads.
The legal reasoning is, that if the employee had the time to read the document, have a Georgia business contract lawyer review the contract and advise her or him on matters, and consider the all the pertinent clauses as part of the consideration of whether to accept the employment position, then the employee had the opportunity to bargain for his or her employment terms. In contrast, if your employer requests or demands you sign any business agreement after your employment, the Georgia Courts will likely look at this as a coercive tactic not bargained for with your employment. In such instances, a smart employer with offer some consideration besides “implied” or “actual” continued employment. On such example would be coupling the signing of a Georgia business contract with a salary change or restructured benefits.
If your employer requires you sign a Georgia business agreement concerning your employment, you should play it safe and retain an Atlanta business lawyer to review this agreement and advise you concerning the consequences of your decision. In contrast, if you are an employer, and you feel that your employees should be bound by the terms of any business agreement. You should have a Georgia Business attorney or a Georgia business law firm to carefully craft your Georgia business contracts or review the ones you presently have to see if they are enforceable.
The Adams Law Offices represents clients in all phases and matters concerning Georgia business contracts. Please feel free to call Our Buckhead Office 1-877-412-3267 or (404) 467-8611 to discuss your options, or send us a message through our confidential Contact Us form. The Adams Law Offices is conveniently located near the where Roswell and Piedmont Roads intersect in the heart of Buckhead.
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1. Geography – As a Georgia non-competition attorney who has business clients who are both employee and employer, the competition must be restricted to a reasonable geographic area. What is “reasonable” depends on the area of work involved, the demographics of the area, and many other factors.
2. Time Period – To be enforceable, a Georgia non-compete agreement must be reasonable in the scope of time it restricts an employee from working. This largely depends on the type of work, the frequency of the type of employment which occurs in the demographic area, and many other factors. As an Atlanta business contract attorney, I am seeing that more and more employers try and push the outer limits of a time period for a former employee to work in a competitive field. As a general rule, two years is about the maximum amount of time a former employee can be restricted from working. More common, is a one year restriction from competing.
If your employer asked you to sign a non-competition agreement, you should play it safe and retain an Atlanta, Georgia business contract lawyer to review, advise and possibly bargain with your employer regarding the conditions of your employment. However, if you are being sued for breach of such an agreement, you should immediately seek Georgia business counsel to defend you against such a law suit. If you do not, the court likely will issue and injunction preventing you from working. Or, if you are an employer, and you feel that your employee has left and is unfairly competing against your company and wish to enforce your Georgia business employment agreement, you need a GA law firm who specializes in Georgia business law and Georgia business contracts.
The Adams Law Offices represents clients in all phases and matters concerning Georgia business contracts. Please feel free to call Our Buckhead Office (404) 467-8611 or 1-877-412-3267 to discuss your options, or send us a message through our confidential Contact Us form. The Adams Law Offices is conveniently located near the where Roswell and Piedmont Roads intersect in the heart of Buckhead.