Atlanta Breach of Contract Attorney
Contracts are the lifeblood of most businesses. Companies use contracts in every facet of their business, from leasing and construction to employment and vendor relationships. Although you probably signed a contract with the expectation that it would be followed, the reality is that many contracts are breached for one reason or another.
At Stacey Evans Law, our team can assist in a breach of contract dispute. We can identify available defenses and calculate the damages caused by the breach. Contact us today to find out more about your legal rights.
Our Experience with Business Contracts
Our Atlanta breach of contract attorneys can assist when any of the following contracts are the center of a dispute:
- Employment contracts
- Non-compete agreements
- Lease agreements
- Construction contracts
- Sale and merger agreements
- Non-disclosure contracts
- Real estate agreements
- Vendor contracts
- Client contracts
Typically, one or more terms in the contract are violated, or one party breaches in anticipation of the other party failing to follow through.
Remedies for Breach of Contract
In most cases, the remedy available is money damages. For example, you might have had a contract to purchase supplies from a vendor at a certain price. When the vendor breaches, you seek to receive the supplies from a different vendor but end up paying more. In a lawsuit, you can seek the difference between the prices, as well as incidental costs.
Sometimes, damages are harder to calculate. Certain losses might be triggered by the breach, which can make it impossible for you to fulfill contracts you have with other parties. These types of consequential damages are sometimes available.
Many contracts also contain a liquidated damages provision which sets an amount each side agrees to pay in the event of a breach. They are generally legal under Ga. Code § 13-6-7, but courts might strike some provisions down as unreasonably large.
Where appropriate, we can also seek to have a contract rescinded. For example, a non-compete clause in an employment contract could prevent a client from working for a competitor for years after they are laid off. We could ask a judge to rescind it so the agreement is no longer binding.
Defenses to Breach of Contract
Some common defenses asserted include:
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There was no valid contract. A contract should have an offer and an acceptance, as well as consideration, such as an agreement to make payment for goods or services. The terms also must be reasonably clear so that each side knows what they need to do. When there is no valid contract, there can be no breach.
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The breach was immaterial. The party might have failed to follow some minor term while substantially complying with the contract.
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The other side suffered no damages. Since the purpose of a lawsuit is to receive money damages, the absence of any damages can defeat a claim.
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The contract is impossible to perform. Sometimes, contracts are contingent on certain events happening. For example, a contract might have been contingent on Atlanta getting the Summer Olympics in 2024. Because the contingency did not happen, the contract is impossible to perform.
Atlanta Breach of Contract Attorneys
Contract disputes can threaten to swallow a company whole. The cost of litigating the dispute—and the risk of losing—are enormous if you do not hire the right lawyer. Call Stacey Evans Law today to schedule a consultation.
