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In my practice 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 Libby Law Firm 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.
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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.
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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 Libby Law Firm 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.
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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 Libby Law Firm 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.
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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.
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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.
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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.
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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.).
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One of the most important services an experienced 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 Georgia, 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 Georgia business law firm 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.
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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, 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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1579 Monroe Drive, N.E.
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Atlanta, GA 30324
Telephone: (404) 445-7771

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