April 25, 2009

ATLANTA TAX LAW FIRMS AND LAWYERS AND ATLANTA BUSINESS LAW FIRMS AND LAWYERS -- BEWARE OF “PHANTOM INCOME” IN YOUR CLIENT’S LIMITED LIABILITY COMPANY (“LLC”) OR “SUBCHAPTER S” CORPORATION

The Atlanta tax attorneys as well as the Atlanta Business Attorneys at The Adams Law Offices are always informing, educating, and assisting individuals and business owners about incurring taxable income (tax liability) without the liquidity to pay taxes on this income. This scenario can be a taxpayer’s worst nightmare and often generates significant internal struggles, infighting, and conflict between business owners. The Atlanta business lawyers and Atlanta tax lawyers at our Firm refer to the scenario of incurring tax liability without producing the liquidity to pay these taxes as “phantom income.” “Phantom income” means you have taxable income but no cash to pay taxes on this income.

“Phantom income” occurs most frequently in Subchapter S corporations and limited liability companies (LLCs), which are presently the most common and popular business entity form 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.”

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.

Continue reading "ATLANTA TAX LAW FIRMS AND LAWYERS AND ATLANTA BUSINESS LAW FIRMS AND LAWYERS -- BEWARE OF “PHANTOM INCOME” IN YOUR CLIENT’S LIMITED LIABILITY COMPANY (“LLC”) OR “SUBCHAPTER S” CORPORATION " »

Posted by Duncan H. Adams and Michael K. Sapp | | Email This Post

Posted In: BUSINESS CONTRACTS & AGREEMENTS , BUSINESS TAXATION & TAX PLANNING

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April 19, 2009

ATLANTA BUSINESS ATTORNEYS; ATLANTA CONSTRUCTION ATTORNEYS; AND, ATLANTA HOMEOWNERS – BE AWARE THAT NEW LIEN LAWS HAVE A GREAT IMPACT ON YOUR RIGHTS

As Atlanta construction litigation attorneys and Atlanta Business attorneys alike, I know that one of the most important tools for contractors and subcontractors looking to protect their rights and ensure payment on a building or construction project is a lien. I also recognize that nothing is more frustrating to a new homeowner or property owner than an improperly filed lien, or an unexpected lien filed by a subcontractor after the property owner believes everyone has been paid.

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.

Posted by Duncan H. Adams and Thomas J. Mihill | | Email This Post

Posted In: BUSINESS CONTRACTS & AGREEMENTS , CONSTRUCTION ARBITRATION , HOME DEFECT DISPUTES & LITIGATION , REAL ESTATE , REAL ESTATE LITIGATION & DISPUTES

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March 21, 2009

ATLANTA BUSINESS ATTORNEYS SEE BUSINESS DISPUTES, PARTNERSHIP DISPUTES, AND CONTRACT DISPUTES ON THE RISE IN TROUBLED ECONOMY

The Atlanta business litigation attorneys at our law Firm have seen a dramatic increase in Georgia business litigation claims pertaining to partnerships, contracts, leases, and other business matters. This is especially true in the Metro Atlanta area where business failures are on the rise, financial stresses are abundant, and business outlooks and attitudes have seemingly forever changed.

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.

Posted by Duncan H. Adams | | Email This Post

Posted In: AGREEMENTS FOR EMPLOYEES , AGREEMENTS FOR EMPLOYERS , BUSINESS CONTRACTS & AGREEMENTS , BUSINESS TAXATION & TAX PLANNING , CONSTRUCTION ARBITRATION , EMPLOYMENT LAW , HOME DEFECT DISPUTES & LITIGATION , REAL ESTATE , REAL ESTATE LITIGATION & DISPUTES

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March 15, 2009

FIND THE BEST ATLANTA BUSINESS AND CONSTRUCTION ATTORNEYS TO ADVISE YOU ON CONSTRUCTION COMPANIES, BUILDERS, SUB-CONTRACTORS AND THEIR LIABILITY FOR REAL ESTATE AND CONSTRUCTION CLAIMS

As an Atlanta construction litigation and arbitration attorney, the initial question I have in any new case is, who is potentially liable for the claims in this matter? The business and construction litigation attorneys at my Firm often discuss Georgia construction claims, piercing the corporate veil, who is liable and how do we collect from them in order to make our clients “whole”. We want you to know the following:

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

Posted by Duncan H. Adams and Thomas J. Mihill | | Email This Post

Posted In: BUSINESS CONTRACTS & AGREEMENTS , CONSTRUCTION ARBITRATION , HOME DEFECT DISPUTES & LITIGATION , REAL ESTATE , REAL ESTATE LITIGATION & DISPUTES

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January 18, 2009

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, 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" »

Posted by Duncan H. Adams and Thomas J. Mihill | | Email This Post

Posted In: BUSINESS CONTRACTS & AGREEMENTS , CONSTRUCTION ARBITRATION , HOME DEFECT DISPUTES & LITIGATION , REAL ESTATE LITIGATION & DISPUTES

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January 9, 2009

GEORGIA PARTNERSHIP LAW AND YOUR RIGHTS – DO NOT LET A BAD PARTNERSHIP GET THE BEST OF YOUR LIVELIHOOD

As an Atlanta, Georgia partnership dispute lawyer, I often see one partner left trying to keep up all the accountability of the business and/or partnership responsibilities to the detriment of their livelihood, family, monies, and credit, while the other business partner or partners disappear into the "woodwork" having little or no accountability for partnership debts, liabilities or problems.

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.

Posted by Duncan H. Adams and Thomas J. Mihill | | Email This Post

Posted In: AGREEMENTS FOR EMPLOYEES , AGREEMENTS FOR EMPLOYERS , BUSINESS CONTRACTS & AGREEMENTS , EMPLOYMENT LAW

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January 7, 2009

ATLANTA, GEORGIA BREACH OF CONTRACT CLAIMS ARE ON THE RISE

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" »

Posted by Duncan H. Adams | | Email This Post

Posted In: BUSINESS CONTRACTS & AGREEMENTS , REAL ESTATE , REAL ESTATE LITIGATION & DISPUTES

Bookmark: Bookmark ATLANTA%2C%20GEORGIA%20BREACH%20OF%20CONTRACT%20CLAIMS%20ARE%20ON%20THE%20RISE at Google.com Bookmark ATLANTA%2C%20GEORGIA%20BREACH%20OF%20CONTRACT%20CLAIMS%20ARE%20ON%20THE%20RISE at del.icio.us Digg ATLANTA%2C%20GEORGIA%20BREACH%20OF%20CONTRACT%20CLAIMS%20ARE%20ON%20THE%20RISE at Digg.com Bookmark ATLANTA%2C%20GEORGIA%20BREACH%20OF%20CONTRACT%20CLAIMS%20ARE%20ON%20THE%20RISE at Spurl.net Bookmark ATLANTA%2C%20GEORGIA%20BREACH%20OF%20CONTRACT%20CLAIMS%20ARE%20ON%20THE%20RISE at Simpy.com Bookmark ATLANTA%2C%20GEORGIA%20BREACH%20OF%20CONTRACT%20CLAIMS%20ARE%20ON%20THE%20RISE at NewsVine Blink this ATLANTA%2C%20GEORGIA%20BREACH%20OF%20CONTRACT%20CLAIMS%20ARE%20ON%20THE%20RISE at blinklist.com Bookmark ATLANTA%2C%20GEORGIA%20BREACH%20OF%20CONTRACT%20CLAIMS%20ARE%20ON%20THE%20RISE at Furl.net Bookmark ATLANTA%2C%20GEORGIA%20BREACH%20OF%20CONTRACT%20CLAIMS%20ARE%20ON%20THE%20RISE at reddit.com Fark ATLANTA%2C%20GEORGIA%20BREACH%20OF%20CONTRACT%20CLAIMS%20ARE%20ON%20THE%20RISE at Fark.com Bookmark ATLANTA%2C%20GEORGIA%20BREACH%20OF%20CONTRACT%20CLAIMS%20ARE%20ON%20THE%20RISE at Yahoo! MyWeb
December 26, 2008

TO YOUR DETRIMENT, GEORGIA BUILDERS, CONTRACTORS AND SUB-CONTRACTORS ARE CUTTING CORNERS TO KEEP THEIR CONSTRUCTION COSTS DOWN IN THESE TOUGH ECONOMIC TIMES -- PROTECT YOUR INVESTMENT AND YOUR FUTURE!

As an Atlanta, Georgia home defect lawyer and homeowner, I know well the importance of having that perfect house built for you. For the most part, a house is one of, if not the biggest investments, most persons will make in their lifetime. This underscores importance of being extremely diligent and using your best efforts to receive the quality house that you likely have partially paid for and will likely be paying for many years into the future. Oftentimes, you will find that one of the best decisions you can make to ensure your investment is protected, is to retain an experienced real estate construction law firm to represent you and protect your investment.

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.

Posted by Duncan H. Adams and Thomas J. Mihill | | Email This Post

Posted In: BUSINESS CONTRACTS & AGREEMENTS , CONSTRUCTION ARBITRATION , HOME DEFECT DISPUTES & LITIGATION , REAL ESTATE , REAL ESTATE LITIGATION & DISPUTES

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December 20, 2008

BUILDERS, CONTRACTORS AND SUB-CONTRACTORS ARE CUTTING COSTS AND THE QUALITY OF YOUR HOUSE, AND YOU, SUFFER – HERE ARE SOME COMMON AREAS WHERE THIS IS BEING DONE

As an Atlanta, Georgia home dispute lawyer, I am extremely aware of the importance of having that perfect house built for you. Moreover, recently, I find that even some of the best builders, contractors and subcontractors are cutting corners in the building of your home. This results in eventual material damages that may not be evident in the beginning or initials phases of the construction of your home or while you are living in your home after it is allegedly “finished”; however, they will show themselves over time and create a financial and lifestyle nightmare for you, the homebuyer.

Below is a list of the most common claims and cases our Firm currently has against builders, contractors and sub-contractors:

• 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.

Posted by Duncan H. Adams and Thomas J. Mihill | | Email This Post

Posted In: BUSINESS CONTRACTS & AGREEMENTS , CONSTRUCTION ARBITRATION , HOME DEFECT DISPUTES & LITIGATION , REAL ESTATE , REAL ESTATE LITIGATION & DISPUTES

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December 19, 2008

GEORGIA EMPLOYMENT AGREEMENTS – THE TIME AND DATE THEY ARE SIGNED MAY AFFECT THE OUTCOME OF A GEORGIA CONTRACT AGREEMENT DISPUTE

As an Atlanta, Georgia, business dispute and agreement lawyer, I know there are many important considerations concerning the signing of any employment agreement. This is true for both the employee and employer alike. Much of what is factored in to any Georgia Court’s decision will be the facts and circumstances surrounding the signing of the Georgia business agreement. As an Atlanta, Georgia business contract lawyer, I often will defend cases based on these circumstances. For instance, if the employer set matters forth concerning the employer-employee agreement to the employee before he or she was hired, gave the employee time to consider these matters, and review the business contract, then it is much more likely that a Georgia Court will hold this business contract enforceable against the employee.

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.

Posted by Duncan H. Adams | | Email This Post

Posted In: AGREEMENTS FOR EMPLOYEES , AGREEMENTS FOR EMPLOYERS , BUSINESS CONTRACTS & AGREEMENTS , EMPLOYMENT LAW

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December 12, 2008

NON-COMPETITION AGREEMENTS, PROVISIONS AND CLAUSES IN GEORGIA BUSINESS CONTRACTS – WHEN ARE THEY ENFORCEABLE?

As an Atlanta, Georgia business contract lawyer, I often see clients who are threatened with a lawsuit seeking to stop them from competing with their former employer. I also see many “former employees” of these employers who are surprised to find that in many instances, these non-competition (“non-compete”) contract, provisions and clauses can and will be enforced. Nevertheless, whether they will be enforced by a Georgia Court, depends on many different factors. In deciding whether to enforce a “non-compete” agreement, Georgia Courts must find that the non-competition provisions of the employee’s contract were “reasonable” in the following areas:


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.

Continue reading "NON-COMPETITION AGREEMENTS, PROVISIONS AND CLAUSES IN GEORGIA BUSINESS CONTRACTS – WHEN ARE THEY ENFORCEABLE? " »

Posted by Duncan H. Adams and Thomas J. Mihill | | Email This Post

Posted In: AGREEMENTS FOR EMPLOYEES , AGREEMENTS FOR EMPLOYERS , BUSINESS CONTRACTS & AGREEMENTS , EMPLOYMENT LAW

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December 1, 2008

GEORGIA NON-COMPETITION (“NON-COMPETE”) AGREEMENTS AND GEORGIA NON-SOLICITATION AGREEMENTS -- WHY ALL THE LAW SUITS IN ATLANTA, GEORGIA?

As an Atlanta, Georgia business contract lawyer, I am seeing more and more disputes and litigation concerning non-competition agreements (often referred to as “non-compete agreements”) and non-solicitation agreements. The underlying reason I am hearing from my Georgia business clients is that they are being sued because there is only a limited amount of Georgia business in Atlanta, Georgia. This is especially true in with the densely populated metro Atlanta areas. In contrast, many of my Georgia business clients are suing because they feel there is not enough business to go around in these difficult times and they need to protect themselves from unfair competition and the “stealing” of their clients. Much of the reasoning behind these Georgia non-competition (“non-compete”) and non-solicitation lawsuits, and reasons to enforce them or bring them, is that there is a general lack of Georgia consumer business in the Metro Atlanta, Georgia area.

If your employer has requested you sign a Georgia non-competition agreement or Georgia non-solicitation agreement, you should retain a Georgia business contract lawyer to review, give advice and negotiate the terms of your employment. Should you 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. Or, if you are an employer, and you feel that your employee has left and is unfairly competing against your company and which to enforce the Georgia business 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.

Posted by Duncan H. Adams and Thomas J. Mihill | | Email This Post

Posted In: AGREEMENTS FOR EMPLOYEES , AGREEMENTS FOR EMPLOYERS , BUSINESS CONTRACTS & AGREEMENTS , EMPLOYMENT LAW

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November 8, 2008

WRITTEN GEORGIA BUSINESS CONTRACTS ARE A MUST IN ANY GEORGIA BUSINESS EMPLOYMENT AGREEMENT OR FOR ANY OTHER GEORGIA BUSINESS CONTRACT OR AGREEMENT SITUATION

As an experienced Atlanta Business Attorney, I frequently advise clients on Georgia employment contracts both for the employer and for employees. In giving advice to those on “both” sides of the desk, I have become familiar with the concerns Atlanta contract lawyers, Atlanta business employers and owners and Atlanta employees have in regards to Georgia employment agreements.

I cannot underscore or emphasize enough the importance of having all your Georgia business contracts drafted, reviewed, and advised upon by an experienced Atlanta Business Lawyer. It is commonplace to see that the necessity of this only hits home when business needs change and business owners-employers and employees alike have to take into consideration, workout or litigate what was not contemplated, or memorialized in writing, when the employer-employee relationship began.

In my practice as Atlanta Business Contract Lawyer, I see the worst in good people, both employer and employee alike. This most often occurs when the simple terms sets forth both below are not set out in detail in a Georgia business contract. Also essential to any Georgia business employment contract, is a comprehensive understanding of the contract. A Business contract is only as good as the parties understanding of it in addition to their adherence and compliance with such contract. As such, I have set forth a list of what I call essential elements and which need to be addressed in any Georgia employment contract. Below is a short list of issues to be considered, negotiated, memorialized, and reviewed by an experienced Atlanta Business Contract Lawyer.

1. Term of Employment: Georgia Employment agreements are considered “at-will” if they do not otherwise specify. When advising on Georgia business contracts, I usually suggest that the Georgia employment agreement specify whether it is for a specified term, with options to renew, negotiable at the end of any term or “at-will.” Also essential to the term of employment are factors such as deferred compensation, health insurance, 401K benefits, and a host of other compensation issues.

2. Position, Job Responsibilities, and Function: Georgia employment agreements should contain specific terms, which set forth the employee’s status with the business, the responsibilities of both the employee to the business and employer, but the business and employer to the employee (i.e. training, travel expense account, etc.).

Continue reading "WRITTEN GEORGIA BUSINESS CONTRACTS ARE A MUST IN ANY GEORGIA BUSINESS EMPLOYMENT AGREEMENT OR FOR ANY OTHER GEORGIA BUSINESS CONTRACT OR AGREEMENT SITUATION " »

Posted by Duncan H. Adams | | Email This Post

Posted In: AGREEMENTS FOR EMPLOYEES , AGREEMENTS FOR EMPLOYERS , BUSINESS CONTRACTS & AGREEMENTS , EMPLOYMENT LAW , REAL ESTATE

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October 18, 2008

PRUDENTLY, PROFITABLY AND LEGALLY DOING BUSINESS IN GEORGIA – BE CAREFUL OF THE MANY TEMPTATIONS AND PITFALLS OF “BEING YOUR OWN LAWYER”

One of the most important services an experience Georgia business lawyer can offer you and your business is knowledge, expertise, personalized legal guidance, and greatly increased chances your GA business will be successful, profitable and sustainable. Lawyers, unlike legal document services, know the problems encountered by GA businesses similar to yours, the GA state and federal courts and the government agencies you will inevitably interact with and the consequences a minor mistake or careless assumption may cause. These consequences can be costly, permanent, or even fatal to your business and your personal finances and welfare. As an experienced business lawyer in GA, I have found many of these problematic business situations arise out of faulty legal documents, improper business contracts, agreements or transactions. These are just some of the compelling reasons you should consider hiring a GA business lawyer to assist and guide you in your business dealings.

Moreover, if your business is successful, the chances are good that you will need a good GA business lawyer again. Our Firm receives repeat Georgia business referrals constantly from clients who I have helped start their own Georgia business, and who later found that they needed other legal services, like reviewing a Georgia lease or taking their business to the next level of growth and profitability. In contrast, I also receive a large number of referrals from business owners send troubled colleagues my way so for resolution of a Georgia business dispute which otherwise could have been avoided had these business owners taken the time to get their businesses off to a good start with proper legal representation. I firmly believe, and have seen time and time again, that it is commonplace prudent business judgment for business owners and entrepreneurs alike to seek the services an experienced GA business lawyer. These services are invaluable and should at the very least, be considered.

A short list of the benefits a GA business lawyer can provide are as follows:

• Advice on which business entity is best for your situation and the best family or friends to involve;
• How to run your business and keep your books in order to get the maximum benefits from incorporation and avoid personal liability by another party “Piercing the Corporate Veil” and being able to access your personal assets for collection on any judgment against you or your corporation;
• An honest discussion of legal liability for the business and for you as an individual;
• Analysis of Georgia laws, county laws, city laws and local requirements will affect your business;
• Assistance with for permits, licenses and zoning and other requirements which will have an impact of your business and are necessary for its operation;
• Advice on the tax consequences and benefits of your GA business entity is subject to or entitled to;
• Assurance that your papers were completed correctly;
• Assistance with GA business contracts in your dealings with your clients and vendors;
• A local experienced GA law firm to call on when issues arise; and, you can be rest assured they will.

Continue reading "PRUDENTLY, PROFITABLY AND LEGALLY DOING BUSINESS IN GEORGIA – BE CAREFUL OF THE MANY TEMPTATIONS AND PITFALLS OF “BEING YOUR OWN LAWYER” " »

Posted by Duncan H. Adams and Thomas J. Mihill | | Email This Post

Posted In: BUSINESS CONTRACTS & AGREEMENTS

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October 11, 2008

DO YOU NEED A GEORGIA BUSINESS LAWYER? -- FORMING AND OPERATING A BUSINESS IN GEORGIA

As an experienced Atlanta business lawyer, I find that one of the most rewarding parts of my business practice is helping clients set up a brand-new Georgia business or re-establish and existing one. In doing this, the basic issues which first need to be addressed, are choosing the correct legal entity under which the Georgia Business will operate and filing the necessary papers with the GA Secretary of State. In addition, the business must establish and confirm any necessary business relationships and memorialize these in legally binding contracts per GA law. Any business must also understand the legal requirements and ramifications of local, State of Georgia and federal tax requirements, and licensing.

In recent years, my colleagues and I have begun to notice “client perceived” competition from do-it-yourself companies, called legal document services or elawyering. Essentially, they offer legal forms and instructions for filling them out, claiming you will pay a much lower price for using their services than you might pay if you go to a licensed GA Business Attorney. Naturally, these services are only offered for common legal matters, which assume and lull you into a false sense of comfort that you have set up your business correctly. These elawyer and internet form companies maintain and make you believe your business is “cookie cutter” and without unusual circumstances. These services claim to offer such services as deed transfers, startup papers for a new business, etc. In the many years I have practiced business law, I have found that there is not a business without unusual circumstances, needs, and dynamics. This is a fact, not conjecture.


IN FACT, THESE ELAWYER INTERNET COMPANIES WHICH PURPORT TO PROVIDE LEGAL SERVICES EVEN STATE, in the fine print of course, THAT YOU NEED TO HAVE AN ATTORNEY AND THEIR INFORMATION IS NOT A SUBSTITUTE FOR LEGAL ADVICE AND IS LEGAL INFORMATION – IN FACT, WHAT THESE ELAWYER INTERNET COMPANIES ARE DOING TO CONSUMERS IS DISTURBING AND WORRISOME TO SAY THE LEAST

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Posted by Duncan H. Adams and Jefferson M. Allen | | Email This Post

Posted In: BUSINESS CONTRACTS & AGREEMENTS

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October 5, 2008

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

The majority business owners will certainly have to deal with the reality of entering into a 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 attorney from a Georgia real estate 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 contracts and agreements 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" »

Posted by Duncan H. Adams and Thomas J. Mihill | | Email This Post

Posted In: BUSINESS CONTRACTS & AGREEMENTS

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