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Why is Alternative Dispute Resolution a good idea?

Because it is significantly cheaper than court based litigation. Unless you are dealing with a claim that involves damages in the six figures, the cost of litigation may be more than the value of the claim. On the plaintiff’s side, it doesn’t’ make economic sense to spend more in legal costs than the value of the

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Arbitration as an alternative to litigation and trial

The other tool in the Alternative Dispute Resolution arsenal is Arbitration. Arbitration involves a hearing before a third party (an arbitrator) which can involve, the testimony of witnesses as well as the presentation of documentary and tangible evidence. If the parties cannot reach a settlement and want the opportunity to present their case to a third

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Alternative Dispute Resolution, Alternative to what?

. . . . .Alternative to spending lots of money and relying on a decision mechanism that involves people you’ve never met, who don’t know you and know very little about your case. The traditional mode of case resolution involves litigating your case, discovery, depositions, motions, trial preparation and trial. A very expensive proposition from

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Drafting an effective contract: A road map for the parties….

Drafting an effective contract means 1) drafting an enforceable contract; 2) drafting a contract that is specific as to the work to be completed (scope of work);  3) drafting a contract that sets forth the specific amount of money to be paid, as well as when funds are due based on a certain percentage of

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Liquidated Damages: What are they, how are they used and are they enforceable?

Liquidated damages is a specific sum of money agreed to by the parties to a contract as the amount of damages to be recovered in the event of a breach of the contract. A liquidated provision in a contract will be held enforceable if 1) the injury caused by the breach is difficult or impossible to

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Contractor’s claim against the owner, what are your damages?

Damages recoverable from a breach of contract are those damages which arise naturally and in the usual course of things from the breach of contract. O.C.G.A. § 13-6-2 The damages must be foreseeable by the parties at the time the contract was made as a probably result of the breach. O.C.G.A. § 13-6-2 Generally, a contractor’s measure of

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Collection Targets other than the lien foreclosure property

If you are traveling down the lien foreclosure road, you will have obtained a judgment against the party with whom you contracted, whether that is a contractor one tier up or the owner. Either way, that judgment is a personal judgment against the person or entity and allows for collection efforts directly against the person or

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Licensing Issues and Contract Enforceability

Under Georgia law, if a contractor is not licensed for the type or scope of project contracted for, they cannot recover under the contract, either in law (breach of contract) or in equity (quantum meruit). In this regard, O.C.G.A. § 43-41-17(b) provides in part: As a matter of public policy, any contract entered into on or

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The Lien Foreclosure Complaint…what to include?

In pleading your foreclosure complaint, there are certain elements you must include. If you’ve gotten this far in the process, chances are you are using the services of a lawyer. So this entry is geared toward letting you know what info you need to provide your lawyer (so that he or she doesn’t have to

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The Lien Foreclosure action. What is it and what does it get you?

The Lien Foreclosure Action: Once your claim of lien has been filed, the suit to perfect the lien has been timely filed and you have won your suit against the contractor (or entity with whom you had the contract) the next step is foreclosure of the lien. This involves filing suit against the owner of the property

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