Breach of Contract Attorney
If you or your business suffered losses due to a breach of contract, our top-rated and trusted Norcross attorneys can help.
Breach of contract disputes arise when individuals and businesses fail to uphold their contractual obligations. When one party fails to perform its obligations under a legally binding contract, the other party can pursue a claim for breach of contract.
If you are considering suing someone for not abiding by the terms of a contract, speak with our Norcross breach of contract attorneys at Zimmerman & Associates to explore all available remedies in your case.
What is a Legally Binding Contract?
Under Georgia law, you can pursue a breach of contract lawsuit if you have a legally binding contract. Thus, before suing another party for their failure to fulfill any of their contractual obligations, you have the burden of proving the existence of a legally binding contract and its material terms.
A contract is considered “legally binding” when it meets the following requirements:
- Offer. One of the parties promised to do a specified action or refrain from doing it in the future.
- Acceptance. The offer must be accepted by the other party.
- Consideration. The contract involves consideration. In other words, something of value is promised in exchange for something else of value, such as a counter-promise or performance given to the promisor by the promise as quid pro quo for making the promise.
- Legal capacity. Both parties must have the legal capacity and competence to enter into the contract.
- Written. Certain types of contracts must be in writing. Consult with a lawyer to find out if your oral agreement is legally binding.
If the above-mentioned requirements are met, both parties have a legal obligation to abide by the terms of the contract. Failure to perform under the contract may result in a breach of contract lawsuit. When a breach of contract happens, the breaching party may be ordered to pay damages to the other party.
What Remedies are Available in a Breach of Contract Case?
Depending on the type and language of the contract, Georgia law recognizes three types of legal remedies for a breach of contract:
- Damages. If a party suffered financial harm due to another party’s failure to uphold their contractual obligations, they may be entitled to recover damages for actual business losses, incidental damages resulting from the breach of contract, attorney’s fees, legal costs for filing a lawsuit, and any other damages established by the legally binding contract.
- Rescission. The word “rescission” refers to the voiding of a contract. This option allows one party to cancel the contract due to a breach.
- Specific performance. The non-breaching party can ask the court to force the breaching party to fulfill its contractual obligations. This is known as “specific performance” and is typically available when monetary compensation would not be sufficient to adequately compensate the offended party, such as service contracts, and land contracts.
Under O.C.G.A. § 13-6-2, the non-breaching party is entitled to damages that arise “naturally and according to the usual course of things” as a result of a breach of contract.
Talk to a Norcross Breach of Contract Attorney
If you have found yourself in a situation where a party with whom you entered into a contract has failed or refuses to comply with the terms of a contract, speak with our breach of contract attorneys at Zimmerman & Associates to discuss your options.
We serve clients in Norcross, Gwinnett County, and throughout the Atlanta metropolitan area. Our attorneys are committed to helping you pursue the best possible outcome in your particular situation. Call (770) 350-0100 or visit our contact us page to schedule a consultation.