BREACH OF CONTRACT LAWYER IN ATLANTA

If you believe someone has breached a contract, start by reviewing the agreement carefully. Pay particular attention to the obligations of each party, payment terms, deadlines, dispute-resolution provisions, and any language explaining what happens if one side fails to perform. You should also preserve evidence related to the dispute, including:

• The contract and any amendments
• Emails, text messages, and other communications
• Invoices and payment records
• Receipts or proof of services performed
• Commission or compensation plans
• Delivery or performance records
• Notices of default or other written complaints

Depending on the circumstances, negotiation, mediation, arbitration, or litigation may be appropriate. A breach of contract attorney can review the agreement and help determine the best way to proceed.

The exact requirements depend on state-specific law, but a breach of contract claim generally requires evidence showing that an enforceable agreement existed, you performed your obligations or were excused from doing so, the other party failed to perform as required, and you suffered losses because of the breach.

Evidence may include the written contract, emails, text messages, invoices, payment records, witness testimony, records of services performed, and communications showing that the other party failed or refused to honor the agreement.

The strength of a claim often depends on both the language of the agreement and the documentation showing what each party actually did.

Breach of contract disputes can arise from many different types of agreements. Morgan & Morgan may handle claims involving:

• Commission agreements
• Sales compensation
• Recruiting and staffing commissions
• Real estate commissions
• Employment contracts
• Service agreements
• Buy-sell agreements
• Bonuses and other performance-based compensation
• Unpaid amounts owed under a contract

These cases may involve nonpayment, improper termination, changes to compensation structures, disagreements over commission percentages, or disputes about whether contractual obligations were satisfied.

Because every agreement is different, an attorney can review the contract and determine what claims or remedies may be available.

Potentially. Some oral or implied agreements may be enforceable even when the parties never signed a formal written contract.

Evidence such as emails, text messages, invoices, payment history, witness testimony, past dealings, or partial performance may help show that an agreement existed and what its terms were.

However, certain types of agreements must be in writing under applicable law. Whether an oral or implied agreement can be enforced depends on the nature of the contract and the laws of the state.

The remedies available depend on the contract, the type of breach, your losses, and the laws of the state. Potential remedies may include:

• Compensatory damages: Intended to compensate you for losses directly caused by the breach.
• Consequential damages: Certain additional losses resulting from the breach when legally recoverable.
• Lost commissions or income: Compensation you may have earned if the agreement had been honored.
• Lost profits: In some cases, profits that can be shown to have been caused by the breach.
• Liquidated damages: An amount established in the contract itself.
• Restitution: Compensation designed to prevent the other party from unfairly benefiting from your work or payments.
• Specific performance: In certain cases, a court may order a party to perform its contractual obligations.

Not every remedy is available in every case, so the language of the agreement and the circumstances of the breach can be especially important.

The deadline to file a claim, known as the statute of limitations, depends on the laws of the state and the circumstances of the dispute.

Different deadlines may apply depending on whether the agreement was written or oral, when the breach occurred, when it was discovered, and other factors.

Because missing the applicable deadline could prevent you from pursuing your claim, consider speaking with an attorney as soon as you become aware of a possible breach.

Breach of contract disputes can involve complicated agreements, unpaid commissions or compensation, significant financial losses, and conflicting interpretations of what each party was required to do.

As America’s Largest Injury Law Firm™, with more than 1,100 lawyers nationwide, $35 billion recovered, and 35 years of experience, Morgan & Morgan has the resources to review complex contracts, analyze financial and business records, gather evidence, and pursue the compensation our clients may be entitled to.

We believe everyone deserves access to excellent legal representation, regardless of their financial situation. That’s why our motto is The Fee is Free® unless we win.

If you believe someone breached a contract or failed to pay money you were owed in Atlanta, Georgia, contact Morgan & Morgan today for a free case evaluation to learn more about your legal options.