What are the legal procedures for filing a lawsuit against a contractor in Georgia for a breach of contract?
To file a lawsuit against a contractor in Georgia for a breach of contract, the following legal procedures need to be followed:
- Review the Contract: The first step is to review the contract, which the contractor has breached. You need to ensure that the agreement was legally binding and enforceable. Also, make sure that the contractor's breach directly caused you a financial harm.
- Notify the Contractor: Once you've confirmed that the contract was breached, you must give written notice to the contractor that they have violated their obligations as per the contract. This notice must include the specific nature of the breach of contract, and how it has harmed you.
- Attempt to Settle: It's always wise to try to resolve the issue with the contractor without taking legal action. Try resolving your disagreements before you start the litigation process. You could attempt to settle through mediation, negotiation, or arbitration.
- File a Complaint: If a reasonable opportunity for settlement fails, you may file an official complaint with the court. The complaint must describe the breach of contract adequately, and a copy of the original contract must be attached. After you've filed your initial complaint with the court, you must serve a copy of the complaint and a summons directly to the contractor, either by certified mail or by personal delivery.
- Attend Pre-Trial Hearings: There are several pre-trial hearings that you'll need to attend. In these hearings, the judge may order the defendant to respond to your complaint, and you may be asked to respond to any defenses raised by the contractor. During these proceedings, the court may also order discovery and gather more evidence from both parties.
- Reach a Settlement: If your case hasn't been resolved before trial, a settlement agreement can be made at any point before the trial begins. The settlement can be made either voluntarily or through mediation. This step also eliminates the need for the additional time and money associated with a trial.
- Go to Trial: If there are no resolutions reached, and no settlement is agreed upon, the case will go to trial. During the trial, evidence will be presented, arguments will be made, and a jury will make a ruling. A judgment will be entered by the court against the losing party, and that party will be obliged to pay the monetary damages awarded.
It's important to note that Georgia imposes a statute of limitations of six years from the date of the breach to file a lawsuit for breach of contract. If you file after the expiration of the statute of limitations, the case will be dismissed. If you're unsure about your legal rights in a breach of contract lawsuit, it's best to seek legal advice from a licensed attorney.