Atlanta Business Lawyer Blog

Atlanta business law firms that practice in the area of fraud litigation have seen a dramatic rise in the number of cases. The Atlanta, Georgia, fraud lawyers at my firm believe the increase in the number of fraud cases is due to the troubled economic times that persons and businesses in the Atlanta, Georgia, area are experiencing. In this troubled economy, we believe otherwise honest people have turned to fraudulent activities to make ends meet.

In a well-known case, ReMax North Atlanta v. Clark, 244 Ga. App. 890 (2000), the Georgia Court of Appeals elaborated on the tort of fraud, which has five essential elements. They are as follows:

1. A false representation or omission of a material fact;

2. Scienter – or knowledge;

3. Intention to induce the party claiming fraud to act or refrain from acting;

4. Justifiable reliance; and,

5. Damages

Fraud can take place in many areas of business. Presently, our Atlanta fraud lawyers are seeing the largest number of fraud cases in the areas of real estate transactions, the construction and building of homes, and the accounting and managing of monies or assets.

Continue reading "BUSINESS FRAUD ATTORNEYS IN ATLANTA SEE DRAMATIC INCREASE IN NUMBER OF CASES" »

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.

Continue reading "ATLANTA BUSINESS AND CONSTRUCTION ATTORNEYS – GEORGIA HAS NEW LIEN LAWS " »

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.

Continue reading "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 " »

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" »