Contract Law: A contract is an agreement between two or more people that spells out their rights, duties and obligations. Contracts can be written or oral, and both are recognized under Georgia law.

Although office supply stores and online services offer form contracts, they all come with the disclaimer that you must check with your state law to see if it is all applicable. Additionally, these forms contain primarily boiler plate language that may or may not cover your specific situation.

Contract law starts with the idea that the contract will be construed against the person who drafted it. What does this mean to you? If you try to draft your own contract you have to be very careful that the words you use mean what you think they mean, that the language is clear and unambiguous, and that none of the clauses in the contract contradicts itself. The other thing to remember with a written contract is that a judge will only look at the document itself, not the back and forth negotiations or "understandings" that went into it. And then, there are special words that in the English language mean one thing, but in the language of the law are considered to be "terms of art."

Georgia law does recognize oral contracts. These are usually contracts for the performance of services - such as home improvement, painting, electrical work or the like. Although they are not reduced to writing these contracts can be enforced because it is recognized that most people will not rewire a house as a random act of kindness.

A well drafted contract is worth its weight in gold because it helps reduce misunderstanding and reduces the likelihood of someone successfully suing on it. We offer contract drafting services. We review contracts brought to us by our clients, both to see if they are enforceable and whether they can be successfully challenged, and we litigate contract disputes arising from written and oral contracts.