In breach of contract actions, the law seeks to place the parties back in the same position they would have been in had the contract not been breached.  This means the damages to the non-breaching party is compensation for the loss caused by the breach--in other words compensation to put the non-breaching party back in the position it would have been in had the contract not been breached.  If compensation will not place the non-breaching party in the position it would have been in had the contract not been breached, then the non-breaching party would need to sue for specific performance of the contract.  This is an action to force the breaching party to perform all obligations of the contract.   

In traditional breach of contract cases, the non-breaching party may have a right to consequential damages as well.  Consequential damages are damages which are the result of the breach, such as lost revenue or the loss of property.  These damages cannot be based on pure speculation, which makes loss of revenue sometimes difficult to obtain. 

In addition to compensatory and consequential damages, your contract may provide for the award of attorney's fees and costs of litigation.  Every contract we draft contains these provisions.  Even if you do not have the right pursuant to the terms of the contract to these damages, you still may be able to recover them as a result of the breaching parties actions during litigation.   

Finally, many clients do not realize that punitive damages, damages to punish the breaching party, are not recoverable in breach of contract actions. These damages are recoverable in tort actions such as personal injury claims or business disputes where there are tort claims involved, such as tortious interference with business relationships or tortious interference with contract.  

As an Atlanta breach of contract lawyer , it is important to review the contract language, get the facts surrounding the breach and what then analyze what remedies are available to the client as a result are the first steps in properly representing individuals and business owners in Georgia. 

Georgia law views business partners much like a married couple.  Each owes a fiduciary duty to the other with regard to all aspects of running the business.  This duty is one of utmost trust and good faith, meaning that in every decision made and action taken by your business partner, he must have had you, his partner, and the partnership itself, in mind and felt it was in your and the business' best interest in deciding how to act. This is a very high standard of care that can and often is quickly breached by business partners who get greedy or even just apathetic.  

Partners are generally jointly and severally liable for the partnership's responsibilities, debts and liabilities. Therefore, it is recommended that you speak to a partnership dispute attorney first before deciding how to handle your partnership issues.  In most cases, you can take legal action against your partner if it becomes necessary to save the business and your personal investment.    

If you would like to speak to one of our partnership dispute attorneys, feel free to give us a call at (770) 887-3162 or visit our website for more information. Please also feel free to send us a confidential e-mail through our Web Site “Contact Us" form. Boling Rice, LLC has three conveniently located offices in Atlanta, Alpharetta and Cumming, Georgia.  Our Firm represents clients throughout the Metro Atlanta area, including: Atlanta, Alpharetta, Cumming, Roswell, Sandy Springs, Decatur, Lawrenceville, Marietta, Smyrna, Duluth, Acworth, Fayetteville, Norcross, Canton, John's Creek; DeKalb County, Fulton County, Cobb County, Forsyth County, Gwinnett County, Fayette County, Clayton County, Dawson County and Cherokee County.   

Contested or Uncontested?  If you and your spouse are not talking and dispute what each should get in the divorce, whether it be division of property issues or child custody issues, your divorce is going to be a contested matter and you should hire an attorney to fight for your rights.  Can you represent yourself in a contested divorce? Yes, but again, it is never advisable, especially if your spouse hires an attorney.  If child custody or visitation is a major dispute, you should have an attorney represent your interests.  The only time it may be ok to represent yourself in a contested divorce is if there are no child custody issues and the division of proper is minor (not a high asset divorce).  

What if your divorce is amicable (uncontested)?  Should you still hire an attorney.  There is a little more gray area in answering this question.  If the divorce is amicable, I can understand why you would feel an attorney is not necessary.  However, often times it is still better to have a divorce lawyer effectuate the divorce pursuant to the agreed upon terms between you and your spouse.  This is because several documents need to be filed with the Court, that you could attempt to do on your own, but really should be drafted and filed by an attorney.  In an uncontested divorce, a complaint for divorce still needs to be filed, along with an executed settlement agreement. The Settlement Agreement is the most important document in an uncontested divorce because it is the document that explains what each party gets from the divorce, whether that be real or personal property and/or child custody and visitation.  The contents of this document can make or break your rights after the divorce is finalized and there are many different nuances that need to be taken into consideration in almost every uncontested divorce.  For this reason, unless you have a low asset divorce without child custody or visitation issues, your uncontested divorce should be filed by an attorney.  Keep in mind that you can have one attorney do all of this for you.  This will require the cooperation of your spouse in the process, including sitting down with your attorney to go over the terms of the divorce so everyone is on the same page.  

In conclusion, here is a short recap of when you need a divorce lawyer and when you do not:

Child Custody Issues?----Need a lawyer

High asset divorce?---Need a lawyer

Contested divorce?---Need a lawyer

Uncontested, low asset and no child custody issues---Probably don't need a lawyer

Uncontested, high asset--- May need a lawyer

If you are in the Alpharetta or Cumming area and want to talk to an Alpharetta divorce attorney, feel free to visit our website for more information and fill out our "Case Review" form to speak to an attorney immediately or call us at (770) 887-3162.

   

1.     Contact Your Attorney Immediately:   Do not wait to contact your attorney.  In Georgia, you have thirty (30) days to file an Answer to a Complaint from the date your company was originally served with the lawsuit.  Fortunately, Georgia law provides for an additional fifteen (15) days to file an Answer before you or your company can no longer fully defend itself.  However, waiting this long requires that you pay costs to the court. There is no advantage in waiting that long and certainly no reason to have to pay costs to the court so do not wait until your thirty days is up to contact your attorney.  When you contact your attorney, you need to tell him or her the exact date your company was served so he or she can keep that deadline in mind for the reasons stated above. 

3.     Keep Relations with Opposing Side Civil:     Despite the differences you may have with the party you are in a dispute with or has already sued you our your business, keeping the lines of communication open is always advisable.  More often than not, business litigation matters or disputes end in a compromise and settlement of the dispute at some stage of the litigation process.  Having kept the lines of communication open with the opposing party before you hire an attorney and through your attorney, during the litigation, will help facilitate a beneficial compromise before having to spend the money to try the case to a judge or jury.  It is always better to have to try a case because the other party is the one who is being unreasonable.  Litigation is expensive, whether you are on the right side of the law or not, and any time you can reasonably conclude a dispute short of going all the way through a trial, the better off you and your business will be.  It ultimately comes down to a business decision that can only be made by you and your partners.  However, sometimes it just does not make sense to settle and your attorney will be helpful to you in making that decision.    

              11.   Multi-member LLC with a simple limited partnership management structure, controlled by managers, and taxed under                            Subchapter C;

              12.   Multi-member LLC with a complex limited partnership management structure, controlled by managers, and taxed under                        Subchapter K;

              13.   Multi-member LLC with a complex limited partnership management structure, controlled by managers, and taxed under                        Subchapter S;

              14.   Multi-member LLC with a complex limited partnership management structure, controlled by managers, and taxed under                        Subchapter C;