Atlanta Civil Litigation Attorney

Suing on Your Behalf in Fulton, Cobb, DeKalb, Gwinnett, & Forsyth Counties

If you are dealing with a case requiring litigation, it is best to work with a trial lawyer who knows his way around the courtroom. Attorney Stuart M. Mones is a highly skilled trial lawyer with a track record of wins, including successes against government agencies like the SEC, FBI, and DOJ. Whether you are dealing with contract disputes or real estate issues, Attorney Mones can help you craft a winning argument and fight for you in court.

Schedule a free initial consultation with Mones Law P.C. to learn more. Spanish-speaking services are available.

Breach of Contract Disputes

One common litigation dispute is the breach of contract. A breach of contract occurs when a party fails to perform their duties and obligations under a signed contract. The other party can then sue the violating party for a breach of contract, as long as the contract in question is legally binding and enforceable.

Under Georgia law, a legally enforceable contract must meet the following criteria:

• The contract must address all the required conditions and terms
• All parties must agree to the terms of the contract
• All parties must have the legal capacity to enter the agreement
• Each party must exchange something of value with the other party as part of the contract
• Each party must enter the contract willingly
• The contract must not violate federal or state law

If a party to a contract that meets the above requirements does not uphold their end of the agreement, the other party may file a lawsuit and obtain one of the following forms of remedy for the breach:

• Compensatory damages: Recoverable damages in Georgia must be actual, measurable, and proven, such as lost wages or other incidental damages caused by the breach.
• Rescission: This effectively cancels the contract, relieving the non-breaching party (the plaintiff) of having to perform their contractual obligations.
• Specific performance: This may be granted when damages cannot adequately compensate the non-breaching party for its losses or when damages cannot be appropriately measured.

Real Estate Litigation

Another area of litigation that Mones Law handles is residential and commercial real estate litigation.

Some examples of real estate litigation disputes include those involving:

• Zoning: Zoning ordinances in Georgia establish whether land should be used for residential, commercial, industrial, or other purposes.
• Land use and title: Holding valid, legal title to property allows the property owner to determine how the land should be used (in accordance with state law).
• Adverse possession: Individuals who take possession of a neglected piece of real estate and improve the property may acquire title to that property according to Georgia’s adverse possession laws.
• Foreclosure: Homeowners who default on their mortgage payments may be subject to foreclosure proceedings from their lender.
• Landlord/tenant disagreements: Landlords and tenants have certain rights that must be respected, such as a landlord’s right to enforce rental payments, a landlord’s right to evict a non-paying tenant, a tenant’s right to withhold rent for repair costs, and a tenant’s right to a safe and habitable environment.

There is a broad range of disputes that can be resolved by litigation. If you are facing a contract breach issue or other legal dispute like a real estate disagreement or personal injury case, Mones Law can advocate for you. An experienced trial lawyer like Attorney Stuart M. Mones can make a significant difference in the outcome of your case.

Let Mones Law help fight for you in court. Schedule a free consultation to get started.

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