Alternative Dispute Resolution

Alternative dispute resolution (“ADR”) means any type of procedure or combination of procedures voluntarily used to resolve a claim or controversy. ADR procedures include but are not limited to mediation, non-binding mini-trials, and binding arbitration.

The Federal Acquisition Regulation expressly authorizes federal government contractors to request ADR for their claims, and in some circumstances, the use of ADR can produce better results for one or both parties.

If you need experienced, affordable representation for a government contracts ADR proceeding, call Atlanta alternative dispute resolutions lawyer toll free at 888-612-1703 or email jcopeland@contractdisputeslaw.com or send a message to schedule a free initial consultation. Contingency, modified contingency, and reverse modified contingency fee arrangements are available for some matters.

Appeals

Atlanta lawyer James W. Copeland has more than 20 years of experience successfully appealing cases and claims for clients in state and federal courts. Call 888-612-1703 to schedule a free initial consult with Atlanta lawyer James W. Copeland.

Arbitration

Arbitration is an ancient and time-proven method for the cost-effective resolution of business disputes, in which the parties waive their right to a jury trial, and agree on a method for selecting a panel of one or three arbitrators, which hears the parties’ evidence and arguments, and then makes an award that is binding between the parties. The parties to an arbitration can apply to a court to have judgment entered on a final arbitration award.

Georgia and most other jurisdictions have statutes that expressly authorize courts to enter judgments on arbitration awards. Georgia’s arbitration statutes are at Georgia Code Title 9, Chapter 9, O.C.G.A. sections 9-9-1 to 9-9-84. The Federal Arbitration Act is at Title 9 of the United States Code, 9 U.S.C. sections 1 to 307.

Some courts offer a voluntary arbitration service, however, court-annexed arbitration programs typically have limited resources. Private companies offer arbitration services on a fee-for-service basis that are unlimited in scope. Leading arbitration service providers include the American Arbitration Association, the International Chamber of Commerce, and JAMS. Parties can also agree to arbitrate directly under the Georgia Arbitration Code or the Federal Arbitration Act, without utilizing the administrative services of a private arbitration association.

If you need an experienced, affordable business arbitration attorney for the arbitration of a business dispute, call Atlanta business arbitration lawyer James Copeland at 888-612-1703 or email jcopeland@contractdisputeslaw.com or send a message to schedule a free initial consultation. Contingency fee, modified contingency fee, and modified reverse contingency fee arrangements are available for some representations.

Bid Protests

Prompt action in bid protests and similar challenges can cause a public owner to cancel an improper contract award and re-procure in compliance with the applicable procurement laws.

The Atlanta Copeland Law Firm has unlimited electronic access to the state and federal level statutes, regulations, case law, and administrative rulings that govern the award of public contracts.

If you need an experienced, affordable government contracts attorney for a bid protest or other government contracts law, call Atlanta bid protests lawyer James Copeland toll free at 888-612-1703 or email jcopeland@contractdisputeslaw.com or send a message to schedule a free initial consultation. Contingency fee, modified contingency fee, and modified reverse contingency fee arrangements are available for some representations.

Construction Liens

Georgia and most other states have statutes that create and govern the rights of contractors and others to claim liens for improvements to privately-owned real property.

The construction lien laws of Georgia and most other states impose requirements on certain claimants and others for the delivery of formal written notices upon commencement and completion of the work. Georgia’s construction lien statutes are at Georgia Code Title 44, Chapter 14, Article 8, Part 3, O.C.G.A. sections 44-14-360 to -369.

If you need an experienced, affordable attorney for a construction lien dispute or other construction attorney matter, call Atlanta construction lien lawyer James Copeland toll free at 888-612-1703 or email jcopeland@contractdisputeslaw.com or send a message to schedule a free initial consultation.

Contract Breach Disputes

Most written business contracts and insurance policies contain language that is incomplete, confusing, or even misleading. Misunderstandings and disputes over the proper interpretation of the written agreement can spark expensive litigation. Whether a written agreement is truly ambiguous is a question of law for a Court (or an arbitration panel) to determine, using the legal rules for contract interpretation.

Standardized industry contract forms can be very helpful, but blind reliance on standard industry forms can result in expensive misunderstandings. In the construction industry, leading industry contract forms include the American Institute of Architects (AIA) family of contract forms, the ConsensusDocs family of contract forms, and the Engineers Joint Contract Documents Committee’s (EJCDC) family of contract forms. Each of the standardized contract forms has its own strengths and weaknesses.

Most of Georgia’s (pre-UCC) statutes for interpreting and enforcing common law contracts are at Georgia Code Title 13, O.G.G.A. sections 13-1-1 to 13-11-11. Most of Georgia’s UCC statutes for interpreting and enforcing UCC contracts for the sale of goods are at Georgia Code Title 11, Article 2, O.C.G.A. sections 11-2-1 to 11-2-328. The Copeland Law Firm has unlimited electronic access to all the state and federal statutes and published case law that governs the interpretation and enforcement of written contracts.

If you need experienced, affordable legal advice or representation for a contract interpretation dispute, call Atlanta breach of contract lawyer James Copeland toll free at 888-612-1703 or email jcopeland@contractdisputeslaw.com to schedule an initial consultation. Contingency, modified contingency, and reverse contingency fee arrangements are available for some matters.

Contracting Officer Final Decisions

Atlanta lawyer James W. Copeland has more than 20 years of experience successfully submitting claims to contracting officers for a final decision. Call 888-612-1703 to schedule a free initial consult with Atlanta government contracts attorney James W. Copeland or click on the menu to the left or scroll down for more information.

Contracting Officer Final Decision Appeals

Atlanta lawyer James W Copeland has more than 20 years of experience in governments contracts law, and focuses on providing experienced, affordable representation to government contractors and subcontractors for appeals from contracting officer final decisions. Contingency fee arrangements are available for some representations. If you are considering an appeal from a contracting officer decision, call toll free 888.612.1703 for a free initial attorney consultation with Mr. Copeland about your claims.

Convenience Terminations

The government’s right to terminate for convenience is not absolute.

At the federal level, the required contract clause that governs termination for convenience of most fixed price contracts is FAR section 52.249-2, Termination for Convenience of the Government (Fixed-Price) (Apr 2012), or an earlier version of clause.

Although a contractor normally cannot recover lost profits on unperformed work in a termination for convenience settlement, there are exceptions to every general rule of law. The Atlanta Copeland Law Firm has unlimited electronic access to all the statutes, regulations, and published case law that governs terminations for convenience.

If you need experienced, affordable legal representation for a termination for convenience or other government contracts law in Atlanta, call Atlanta termination for convenience claims lawyer James Copeland toll free at 888-612-1703 or email jcopeland@contractdisputeslaw.com or send a message to schedule a free initial consultation. Contingency, modified contingency, and modified reverse contingency fee arrangements are available for some representations.

Cumulative Impact Claims

Cumulative impact costs are costs associated with impact on distant work, and are not readily foreseeable or, if foreseeable, are not readily computable as direct impact costs. The source of such costs is the sheer number and scope of the changes to the contract. The result is an unanticipated loss of efficiency and productivity which increases the contractor’s performance costs and usually extends the contractor’s stay on the job.

Government contractor pre-final releases should not be mis-interpreted to include implied releases of the right to equitable compensation for cumulative impact costs.

If you need experienced, affordable representation for a cumulative impact claim, call Atlanta cumulative impacts claims lawyer James Copeland toll free at 888-612-1703 or email jcopeland@contractdisputeslaw.com or send a message to schedule a free initial consultation. Contingency, modified contingency, and modified reverse contingency fee arrangements are available for some matters.

Default Terminations

Default terminations are a drastic remedy that should be executed with caution. Contract documents can contain language about the parties’ rights in a default termination situation that is unclear and misleading.

The Atlanta Copeland Law Firm has unlimited electronic access to all the statutes and published case law that governs default terminations.

If you need experienced, affordable representation for a default termination, call Atlanta default terminations lawyer toll free at 888-612-1703 or email jcopeland@contractdisputeslaw.com or send a message to schedule a free initial consultation. Contingency, modified contingency, and reverse modified contingency fee arrangements are available for some matters.

Defective Construction Claims

Defective construction can result in delays, liquidated damages, warranty calls, bodily injuries, property damages, and economic losses. Contract language and insurance coverages can play important roles in the avoidance and resolution of disputes about defective construction.

If you need an experienced, affordable attorney to represent or advise your company for a defective construction claim, call Atlanta defective construction claims lawyer James Copeland toll free at 888-612-1703 or email jcopeland@contractdisputeslaw.com or send a message to schedule a free initial consultation. Contingency, modified contingency, and reverse modified contingency fee arrangements are available for some representations.

Design Defects

Design defects can lead to expensive litigation.

In Georgia and many other jurisdictions, design professionals can have tort liability for economic losses caused by design defects, under the legal theory of negligent misrepresentation.

If you need an experienced, affordable attorney for advice or representation for design defect claim or dispute, call Atlanta design defect claims lawyer James Copeland at 888-612-1703 or email jcopeland@contractdisputeslaw.com or send a message to schedule a free initial consultation. Contingency, modified contingency, and reverse contingency fee arrangements are available for some matters.

Differing Site Conditions

Most public construction contracts include a differing site conditions clause that expressly provides for compensation for cost increases resulting from the discovery of unforeseen conditions during the performance of the work. The Federal Acquisition Regulation requires the following differing site conditions clause for federal fixed-price construction contracts:

If you need an experienced, affordable government contracts attorney for a differing site condition or other government contracts law, call Atlanta differing site conditions lawyer James Copeland toll free at 888-612-1703 or email jcopeland@contractdisputeslaw.com or send a message to schedule a free initial consultation. Contingency fee, modified contingency fee, and modified reverse contingency fee arrangements are available for some representations.

Disruption Claims

Contractors have a right to perform without unreasonable disruption, inefficiency, or interference from the other party and third parties who are subject to the other parties’ control.

The Atlanta Copeland Law Firm has experience with claims for disruption, inefficiency, and interference, and unlimited electronic access to all the laws that govern the contractor’s right to recover for disruption, inefficiency, and interference.

If you need an experienced affordable attorney for advice or representation for a claim for disruption, inefficiency, or interference with contract performance, send a message or call Atlanta disruption claims lawyer James Copeland toll free at 888-612-1703 or email jcopeland@contractdisputeslaw.com to schedule a free initial consultation.

Equitable Adjustment Requests

Whenever practicable, contractors should seek the advice of an experienced claims attorney before submitting requests for equitable adjustments. Contracting officers usually must obtain internal approvals for equitable adjustments, and are usually well-represented by experienced contract claims attorneys.

The Atlanta Copeland Law Firm has unlimited electronic access to all the state and federal statutes, caselaw, regulations, and administrative rulings that govern requests for equitable adjustments.

If you need to speak with an experienced, affordable attorney about a request for equitable adjustment, call Atlanta request for equitable adjustments lawyer James Copeland toll free at 888-612-1703 or email jcopeland@contractdisputeslaw.com or use the embedded form to send a message to schedule a free initial consultation. Contingency fee, modified contingency fee, and reverse modified contingency fee arrangements are available for some representations.

Employment Agreements

Executive employee agreements typically include post-employment restrictive covenants against competition, solicitation, or the former employee’s use of trade secrets and other confidential information.

In Georgia, a post-employment non-compete provision in an employment agreement must balance the employee’s right to earn a living and his ability to determine with certainty the prohibited territory with the employer’s interest in customer relationships created or furthered by its former employee on its behalf and its right to protect itself from the former employee’s possible unfair appropriation of contacts developed while working for the employer.

Different rules of law apply to different types of restrictive covenants, and the laws vary from state to state. The Atlanta Copeland Law Firm has unlimited electronic access to all the statutes and published case law that governs the interpretation and enforcement of non-compete agreements and employment agreements.

If you need an experienced, affordable attorney for a corporate employment agreement dispute, call Atlanta employment agreements lawyer toll free at 888-612-1703 or email jcopeland@contractdisputeslaw.com or send a message to schedule a free initial consultation. Contingency, modified contingency, and modified reverse contingency fee arrangements are available for some representations.

Employment Discrimination and Harassment

If you need experienced, affordable representation for an employment discrimination and harassment claim, call Atlanta employment lawyer toll free at 888-612-1703 or email jcopeland@contractdisputeslaw.com or send a message to schedule a free initial consultation. Contingency, modified contingency, and reverse modified contingency fee arrangements are available for some matters.

Franchisor Franchisee Disputes

Franchisor-franchisee disputes are often complicated, multi-jurisdictional, bet-the-company cases that require frank advice and the attention of experienced claims counsel.

The Atlanta Copeland Law Firm has unlimited access to all the laws that govern the rights and responsibilities of franchisors and franchisees in interstate commerce.

If you need an experienced, affordable attorney for a franchisor-franchisee matter, call Atlanta franchisor-franchisee disputes lawyer James Copeland toll free at 888-612-1703 or email jcopeland@contractdisputeslaw.com or send a message to schedule a free initial consultation. Contingency fee, modified contingency fee, and modified reverse contingency fee arrangements are available for some representations.

Insurance Coverage Claims

Insurance coverage issues are governed by the policy language and the applicable state laws, and it is virtually impossible to properly interpret the policy language without a clear understanding of the applicable state laws. The Atlanta Copeland Law Firm has unlimited electronic access to all the published laws that govern insurance coverage issues.

If you need an experienced, affordable, and independent attorney for an insurance coverage issue or dispute, call Atlanta insurance coverage claims lawyer James Copeland toll free at 888-612-1703 or email jcopeland@contractdisputeslaw.com or send a message to schedule a free consultation. Contingency, modified contingency, and reverse modified contingency fee arrangements are available for some representations.

Litigation

Corporate litigation has always been expensive, and electronic discovery can impose costs on corporate litigants that are truly staggering. For an article about the harsh realities of electronic discovery costs, see the Rand Corporation whitepaper on electronic discovery costs.

The Copeland Law Firm has unlimited electronic access to all the statutes, case law, and rules that govern corporate litigation in the United States.

If you need an experienced, affordable attorney to represent your business in corporate litigation, call Atlanta litigation lawyer toll free at 888-612-1703 or email jcopeland@contractdisputeslaw.com or send a message to schedule a free initial consultation. Contingency free, modified contingency fee, and modified reverse contingency fee arrangements are available for some representations.

Mediation

Mediation is an alternative dispute resolution process where the parties employ a neutral mediator to help the parties reach an amicable settlement of their dispute.

A mediation outcome is never binding unless the parties agree upon the outcome. However, mediation can be a mandatory pre-trial step in dispute resolution process, if the parties agreed to mediate in their contract, or if the court orders the parties to participate in a mediation.

Many courts have their own mediation programs. There are also several private companies that specialize in offering mediation services, such as Henning Mediation and Arbitration Service, and Bay Mediation & Arbitration Service. There are also numerous attorneys in private practice who are excellent mediators.

If you need an experienced, affordable attorney to represent your side in a business mediation, call Atlanta mediation lawyer toll free at 888-612-1703 or email jcopeland@contractdisputeslaw.com to schedule a free initial consultation. Contingency fee, modified contingency fee, and modified reverse contingency fee arrangements are available for some representations.

Payment Bonds

Payment bonds are required for nearly all public construction contracts, and some private owners also require payment bonds.

Most of the statutes that govern payment bonds for federal contracts are in the “Miller Act” as amended, 40 U.S.C. sections 3131 to 3134.

If you need an experienced affordable construction attorney for a payment bond claim or dispute, call Atlanta payment bond claims lawyer James Copeland toll free at 888-612-1703 or email to jcopeland@contractdisputeslaw.com or send a message to schedule a free initial consultation. Contingency fee, modified contingency fee, and modified reverse contingency fee arrangements are available for some representations.

Miller Act Claims

Payment bonds are required for nearly all public construction contracts, and some private owners also require payment bonds.

Most of the statutes that govern payment bonds for federal contracts are in the “Miller Act” as amended, 40 U.S.C. sections 3131 to 3134.

If you need an experienced affordable construction attorney for a payment bond claim or dispute, call Atlanta payment bond claims lawyer James Copeland toll free at 888-612-1703 or email to jcopeland@contractdisputeslaw.com or send a message to schedule a free initial consultation. Contingency fee, modified contingency fee, and modified reverse contingency fee arrangements are available for some representations.

Performance Bonds

Performance bonds are required for most government contracts and many private contracts.

Most of the statutes that govern payment bonds for federal contracts are in the “Miller Act” as amended, 40 U.S.C. sections 3131 to 3134.

The Atlanta Copeland Law Firm has unlimited electronic access to all the state and federal statutes and case law that govern performance bond claims in the United States.

If you need legal representation for a performance bond claim on a public or private contract, call Atlanta performance bonds lawyer toll free at 888-612-1703 or email jcopeland@contractdisputeslaw.com or send a message to schedule a free initial consultation.

Temporary Protective Orders

If you need an experienced, affordable temporary protective order attorney for a business dispute, call Atlanta temporary protective order lawyer James Copeland at 888-612-1703 or email jcopeland@contractdisputeslaw.com or send a message to schedule a free initial consultation. Contingency fee, modified contingency fee, and modified reverse contingency fee arrangements are available for some representations.

"If you find yourself in a hole, stop digging." - Will Rogers

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