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In today’s increasingly complex world,
individuals and companies are required more frequently to
deal with people and businesses to whom they have no personal
connections and no history. Contracts can, to some extent,
address this by  documenting
in writing the parties’ rights and obligations and providing
for specific remedies in the event of a breach. While many
businesses are owned and operated by honest, well-intended
people, unfortunately, not everyone lives up to the terms
of their business agreements. Some companies simply don't
care to honor their contractual obligations. This is particularly
true in tough economic times. The financial consequences can
involve tens of thousands, hundreds of thousands, or millions
of dollars and can threaten a company’s very survival.
The vast majority of business litigation stems from breach
of contract. Simply put, a breach of contract is a failure
to perform a bargained for promise. Under general principles
of law, a breach of contract occurs when a party fails to
perform any material term of an agreement without having an
acceptable legal reason. The contract may be in writing, verbal,
or even implied.
A breach of contract can occur under many different circumstances.
It could include failing to make payment in full or on time,
failing to deliver goods, failure to adequately perform services,
stopping work on a project, doing substandard work, substituting
inferior or substantially different materials, or failing
to begin work. In fact, if after executing a contract a party
informs or demonstrates that it is unable or unwilling to
perform under the contract, this is an “anticipatory”
breach of contract, and it is actionable.
Often, the non-breaching party is relieved of its obligations
under the contract by the other party's breach. Georgia courts
may award damages in the event of a breach to the injured
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. In cases
where money cannot adequately 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, the courts
may award punitive damages to punish the breaching party and
to deter future similar conduct.
Dozier Law Group represents individuals,
businesses, and entrepreneurs in enforcing contracts and aggressively
pursuing damages against parties who breach business agreements.
Whether your situation involves tens of thousands or millions
of dollars, if you believe you have or will suffer damages
due to a breach of contract, we can help address and resolve
the situation. Call (404) 949-5600 to speak directly with
Managing Principal Brad Dozier, an experienced and dedicated
contract attorney, or
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Business
& Commercial Law | Breach
of Contract | Deceptive
Trade Practices
Misappropriation
of Trade Secrets | Unpaid
Commissions
Dozier Law Group represents clients in and around the Atlanta
metro area, including Alpharetta, Fairburn, Roswell, Sandy
Springs, Decatur, Lithonia, Druid Hills, Dunwoody, Tucker,
Marietta, Smyrna, Vinings, Duluth, Acworth, Fayetteville,
Marietta, Kennesaw, Lawrenceville, Norcross, Chamblee, Snellville,
Woodstock, Gainesville, Morrow, Carrollton, College Park,
Peachtree City, Riverdale, Newnan, Conyers, Covington, Canton,
Milton, John's Creek, Stockbridge, McDonough, Douglasville and other cities throughout the state of Georgia.
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