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Articles Posted in Contracts

What Happens When the Terms of Your Georgia Entity’s Operating Agreement Are Ambiguous??
Poole Huffman, LLC

Whenever any business person or entity decides to create a new joint venture, the people behind that venture likely hope for great success. Sometimes these joint ventures do go on to yield positive results. Other times, however, the venture doesn’t work out. When joint ventures fail and break up, that can sometimes lead to litigation.…

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A Contractor’s Lack of Licensure Proves to Be a Big Problem in Its Breach of Contract Lawsuit
Poole Huffman, LLC

When you decide to pursue a breach of contract lawsuit, it is very important to make sure that all T’s are crossed and I’s dotted. Even seemingly small imperfections may do grave damage to your case. In one recent case, the lack of a contractor’s license proved to be a major problem for the plaintiff…

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Federal Courts Decide That a ‘resolution Fee’ Provision in a Commercial Contract Wasn’t a Liquidated Damages Provision and Was Enforceable
Poole Huffman, LLC

In any commercial contract, there are likely several things you desire to get from the arrangement, which is why the agreement you sign hopefully has been carefully negotiated prior to execution. To make sure that you get the benefit for which you negotiated, it is important to understand what types of clauses are, and which…

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Federal Courts Affirm Atlanta Arbitrator’s Decision in Dispute Between Georgia Real Estate Developer and Israeli Equity Company
Poole Huffman, LLC

Winning your commercial litigation matter is about more than just making sure that you have the facts on your side. It is about having the law on your side and also making sure that you have cleared all of the necessary procedural hurdles, like pursuing your case in the correct venue. These are all areas…

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Negotiating, and Then Enforcing, Exclusivity Provisions in Your Georgia Commercial Lease
Poole Huffman, LLC

One of the types of provisions that you might negotiate to include in your commercial lease is an exclusivity term. Many commercial leases contain exclusive use clauses, particularly in situations in which the space is located in a larger shopping center that contains numerous tenants. What an exclusive use provision does for you, as a…

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Making Sure That the Commercial Contract You Signed in Georgia Is the Agreement You Wanted
Poole Huffman, LLC

An old adage says “caveat emptor” or “let the buyer beware.” Similarly, the law requires parties to a contract to understand what they’re signing before they sign. That obligation is especially high when the contract parties are both equally strong and sophisticated commercial entities. If you are a corporation, trust, LLC, or any other sophisticated…

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Contract for Deed – Its Background and Purpose – Part 1 of 5
Poole Huffman, LLC

As the title suggests, this is the beginning of a five-part discussion about contract for deeds.  In this series, I will discuss several topics relating to this contract, including the four remedies that a seller has upon borrower default and why most Georgia attorneys do not recommended this type of agreement for either buyers or…

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