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What are my options as a small business owner in Georgia if a contractor breaches our contract?

Picture of Chris Battis By   ·  1 minute read

As a small business owner in Georgia, you have various options if a contractor breaches your contract. The following are some of the available options you may consider:

  1. Review the Contract Terms: The first step you should take is to review the contract terms to ensure that the contractor breached the contract. You must also confirm whether the contract provided for any specific remedies for the breach, such as liquidated damages or termination clauses.
  2. Communicate with the Contractor: You may want to try communicating with the contractor before taking legal action. Suppose the breach is minor in nature, and the contractor is willing to rectify the breach to your satisfaction. In that case, you might consider resolving the issue without a lawsuit.
  3. File a Lawsuit: Suppose the contractor refuses to rectify the breach, or the breach is significant or material. In that case, you may consider filing a lawsuit in a Georgia state court to recover damages resulting from the contractor's breach. To succeed in a lawsuit, you will need to prove that the contractor breached the contract and that you suffered losses because of the breach.
  4. Alternative Dispute Resolution: Before filing a lawsuit, you should consider alternative dispute resolution (ADR) mechanisms such as mediation or arbitration. ADR mechanisms can be quicker and less expensive than fully litigating a case in court. Moreover, an ADR process does not involve a judge or jury, and thereby, the parties have more control over the outcome.
  5. Seek Legal Advice: It's crucial to seek legal advice from a licensed attorney experienced in handling breach of contract cases. A lawyer can review your case and provide you with tailored legal advice and the best course of action to take. They can also help you prepare legal documents and represent you in court or ADR proceedings.

In summary, if a contractor breaches your small business contract in Georgia, you have several options, including reviewing the contract terms, communicating with the contractor, filing a lawsuit, considering alternative dispute resolution, and seeking legal advice. However, it's important to note that each case is unique, and the best course of action will depend on the specific details of your case.