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.
Oftentimes, the non-breaching party is relieved of their obligations under the contract by the other party’s breach. Georgia courts may award damages in the event of a breach to the non-breaching party. However, the general intent is not to punish the breaching party, but rather to put the non-breaching party in the position they would occupy if the contract had been fulfilled or never been entered into. In cases where money is inadequate to compensate the aggrieved party, the court may award specific performance to force the breaching party to fulfill the terms of the contract. Additionally, where a party to a contract has shown bad faith, Georgia courts may award punitive damages to punish the breaching party for acting so recklessly and carelessly as hold out that they intended to keep their promise, when in fact, they never had this good faith intent.
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 Libby Law Firm 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 to discuss your options. Please also feel free to send us a confidential e-mail Web Site contact us form. The Libby Law Firm is conveniently located in the Buckhead section of Atlanta, GA near the intersection of Piedmont and Roswell Roads.