Atlanta Business Lawyer Blog

The Atlanta, Georgia, business litigation lawyers at our firm find that most plaintiffs and defendants involved in Georgia business lawsuits turn exclusively to the state or federal courts to resolve their cases. In fact, most clients assume state and federal courts are their only option for resolving their disputes. However, there are excellent dispute resolution alternatives, which may have exhaustive benefits for our clients.

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.

Continue reading "ATLANTA, GEORGIA, BUSINESS ATTORNEYS WHO KEEP OPTIONS OPEN FOR THEIR CLIENTS – FROM ATLANTA (FULTON COUNTY) TO CUMMING (FORSYTH COUNTY) TO MARIETTA (COBB COUNTY) TO DECATUR (DEKALB COUNTY) -- WE WANT A FAVORABLE OUTCOME IN YOUR CASE" »

As an Atlanta, Georgia, arbitration, home defect, and construction lawyer, I am noticing more and more frivolous claims from Georgia home purchasers and buyers that architects, contractors, builders, sub-contractors, and other persons involved in the construction of a new home, are failing to meet the obligations of the construction contract. These same Georgia home purchasers and buyers are refusing or failing to allow “draws”, or otherwise pay construction professionals, per the construction contract. In fact, they are finding any reason to say that the Georgia construction professionals have not met their obligations per the Georgia construction contract. In my Atlanta, Georgia, construction arbitration and real estate dispute law firm, I am finding that many of these claims, by the purchasers and buyers of these homes, are arising from the fact that these new home purchasers and buyers have fallen on hard financial times.

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.

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.

Continue reading "GEORGIA ARCHITECTS, CONTRACTORS, BUILDERS, SUB-CONTRACTORS AND OTHER CONSTRUCTION PROFESSIONALS -- BE AWARE OF ANY TYPE NOTICE OR SUGGESTION FROM THE GEORGIA HOME PURCHASER OR GEORGIA HOMEOWNER ABOUT NOT PAYING YOU" »

As an Atlanta breach of contract lawyer, I am seeing more and more Georgia breach of contract claims. My opinion is that part of the increase in frequency of breach of contract claims is attributable to the difficult economic times we have encountered. In my Georgia business litigation law firm, I have seen a dramatic increase in breach of contract claims relating to business, real estate, lease agreements, and other forms of contracts. However, the proper way to handle a breach of contract situation is to seek an experienced breach of contract lawyer as soon as you think a claim may exist.

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.

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

In my practice as a commercial real estate lease lawyer, I have found the majority business owners will have to deal with the reality of entering into a Georgia commercial lease agreement at some point in during the course doing business. Commercial leases can be lengthy, complicated, convoluted, and practically impossible for even the most sophisticated businessperson to understand. They may utilize industry standard terms such as “triple net lease”, “Subordination”, “Estoppel Certificates”, “Tenant Improvement Allowance”, all of which have legal significance and significant legal implications. There are also always practical issues such as parking, signage and business hours, indemnification and insurance issues, which seem to look harmless in the lease, but may have widespread significant and destructive consequences to the business tenant and even the landlord if not thought through and considered during the due diligence period. The due diligence period is the period in which the parties to a contract, agreement or other business matter are negotiate, research, investigate and consider all issues which can be thought of before any business transaction should take place. During this due diligence period, all commercial leases should be carefully reviewed and scrutinized by an experienced Georgia lease attorney from a Georgia real estate contract law firm. This should be done prior to signing and by both the property owner, prospective tenant and any other party to the contract or agreement.

Remember that once you or your authorized representative signs a commercial lease, you will be bound by its terms. It is common for commercial leases to bind parties for many years on end or even decades or more. There are oftentimes options for additional terms in the lease or agreement that can be exercised and should be carefully thought through. That being the case, a commercial lease can be worth hundreds or thousands of dollars or more, and as such, may be a substantial asset or a liability to any business depending on your position.

There are many working parts in a commercial lease. Often times, many of these parts are negotiable and it is customary and wise to have an experienced Georgia real estate contract attorney to protect your business and personal interests. As such, each of these elements should be understood and considered when negotiating and/or entering into a lease and prior to signing. If you have concerns or fail to address them, you are likely setting yourself up for prospective trouble in the future. As you would expect, commercial landlords usually have ready and offer the initial Georgia real estate agreement to the prospective tenant. They have already paid their experienced GA real estate contracts attorney to draft these agreements in their best interests and with all terms most favorable to their interests. Both landlords and prospective tenants need someone in their corner to protect their best interests when proposing and entering into these specialized real estate contract agreements in Georgia.

Continue reading "COMMERCIAL REAL ESTATE LEASES, CONTRACTS AND AGREEMENTS IN GEORGIA: YOUR RESPONSIBILITIES - REVIEW, REVISE, NEGOTIATE, UNDERSTAND AND MORE – YOUR DUE DILIGENCE IS CRITICAL" »