Marietta Breach of Contract Lawyers

Avoiding Breach of Contract in Marietta

Preventing a breach of contract begins with drafting a clear and enforceable agreement. Working with our experienced attorneys can make the terms of your contract explicit, comprehensive, and aligned with applicable laws. 

Additional steps businesses can take to mitigate the risk of breaches include regular communication, periodic contract reviews, and maintaining a paper trail of performance and obligations. Careful contract management can safeguard business interests and reduce potential disputes. 

We often encourage Marietta businesses to treat contract management as an ongoing process rather than a one-time task at signing, including training key team members on notice provisions, deadlines, and escalation procedures so they know when to involve a breach of contract attorney if problems begin to surface. By building these practices into your operations, you can catch potential issues early, address them before they become costly disputes, and better position your company if a disagreement eventually reaches a Georgia court.

Frequently Asked Questions

What counts as a breach of contract in Georgia?

A breach occurs when a party fails to perform a duty required by a valid contract, performs late, performs improperly, or clearly indicates they will not perform. Georgia recognizes both material breaches that go to the heart of the deal and minor breaches that may allow only limited remedies.

How do I know if my contract is enforceable?

You generally need an offer, acceptance, consideration, and clear terms. Certain agreements must be in writing, including many real estate contracts and deals that cannot be performed within one year. Ambiguous or illegal terms, or lack of capacity, can undermine enforceability.

What should I do first if the other party breaches?

Document everything. Gather the signed contract, amendments, emails, texts, invoices, delivery receipts, and notes from calls. Send a prompt, professional notice of breach demanding cure within a reasonable time. Avoid inflammatory language that could complicate litigation.

What damages can I recover for breach of contract?

Typical remedies include expectation damages to put you in the position you would have been in had the contract been performed, plus foreseeable consequential damages proven with reasonable certainty. You can also seek liquidated damages if the contract has a valid clause that is a reasonable estimate, not a penalty.

Can I recover attorney’s fees in a Georgia contract case?

Possibly. Fees may be recoverable if the contract provides for them or under Georgia law for bad faith, stubborn litigiousness, or causing unnecessary trouble and expense. Courts scrutinize fee requests, so detailed billing and proof of entitlement are important.

What is the statute of limitations for breach of contract in Georgia?

As a general rule, claims on written contracts are often six years from the breach, while oral contracts are often four years. Contracts for the sale of goods under the UCC are typically four years. Deadlines can vary based on the facts and contract terms, so act quickly.

What if the other side announces they will not perform before the deadline?

That can be anticipatory repudiation. You may treat it as a present breach, stop your own performance if appropriate, and pursue remedies, or you may demand adequate assurance and wait a reasonable time. The best approach depends on mitigating losses and preserving evidence.

Can I get specific performance instead of money damages?

Sometimes. Specific performance is more common where money cannot make you whole, such as unique real estate or rare goods. Courts consider whether the terms are definite, performance is feasible, and the requesting party has fulfilled its obligations.

Do I have to mitigate my damages?

Yes. Georgia law expects injured parties to take reasonable steps to reduce losses, such as finding replacement suppliers, advertising to relet space, or reselling goods. Failure to mitigate can reduce recoverable damages.

Is mediation or arbitration required?

Check your contract. Many agreements include mediation and arbitration clauses that control the forum and rules. Even without a clause, early mediation can be cost effective and preserve business relationships, especially for ongoing suppliers or service partners.

What evidence helps win a breach case?

Signed contracts and amendments, purchase orders, change orders, delivery logs, acceptance records, emails, and texts showing promises or delays, payment history, and expert calculations of lost profits or extra costs. Keep a timeline and preserve native electronic files with metadata.

Can I sue for tort claims, too, like fraud or interference?

Sometimes. If the conduct goes beyond failing to perform a promise and involves misrepresentations or wrongful interference by third parties, tort claims may be available with different damages. Courts will dismiss tort claims that merely duplicate a contract dispute, so plead carefully.

Protecting the Best Interests of Our Marietta Business Clients

At Reed Leeper, P.C., we have extensive experience in contract law and business disputes, enabling us to guide you through complex legal matters efficiently and effectively. We prioritize understanding your unique business needs to minimize disruptions and secure resolutions that align with your goals. Trust us to protect your rights, resolve disputes, and help your business thrive.

When you meet with a Marietta breach of contract attorney from our firm, we will discuss the history of your business relationship, review your documents, and outline potential strategies ranging from direct negotiation to filing a lawsuit in the appropriate Cobb County court. This collaborative approach allows you to make informed choices about risk, cost, and timing so you can move forward with a plan that supports your broader objectives while we focus on the legal details.

Call (470) 837-6002 or reach us online to schedule a confidential consultation with our Marietta breach of contract attorney today.