COMPLAINT FOR BREACH OF CONTRACT

IN THE STATE COURT OF [COUNTY] COUNTY, STATE OF GEORGIA
Civil Action File No.: ______

[PLAINTIFF NAME],
  Plaintiff,

v.

[DEFENDANT NAME],
  Defendant.

[// GUIDANCE: Use the county where the action will be filed (e.g., Fulton County). Confirm that subject-matter jurisdiction lies in State Court rather than Superior Court (claims typically < $25,000 or any amount if not seeking equitable relief).]

TABLE OF CONTENTS

1. Preliminary Statement
2. Parties
3. Jurisdiction and Venue
4. Statement of Facts
5. Count I – Breach of Contract
6. Damages
7. Attorney’s Fees (O.C.G.A. § 13-6-11)
8. Conditions Precedent & Notice
9. Prayer for Relief
10. Jury Demand
11. Verification (Optional)
12. Exhibit Index
13. Certificate of Service

1. PRELIMINARY STATEMENT

1. Plaintiff [PLAINTIFF NAME] (“Plaintiff”) brings this civil action against Defendant [DEFENDANT NAME] (“Defendant”) for breach of a written contract executed on or about [CONTRACT DATE] (the “Contract”).
2. Pursuant to O.C.G.A. §§ 9-11-8(a) & 9-11-10(d), a true and correct copy of the Contract is attached hereto as Exhibit A and incorporated herein by reference.
3. Plaintiff seeks monetary damages, pre- and post-judgment interest, statutory attorney’s fees, costs of litigation, and all other relief deemed just and proper.

2. PARTIES

4. Plaintiff is a [legal status; e.g., Georgia corporation, LLC, or individual] with its principal place of business/residence at [PLAINTIFF ADDRESS].
5. Defendant is a [legal status] with its principal place of business/residence at [DEFENDANT ADDRESS].
6. Defendant may be served with process pursuant to O.C.G.A. § 9-11-4(e) at [SERVICE ADDRESS] or wherever Defendant may be found.
   [// GUIDANCE: If Defendant is an entity, add registered agent information.]

3. JURISDICTION AND VENUE

7. This Court has subject-matter jurisdiction over this action under O.C.G.A. § 15-7-4 because it is a civil action for damages founded on contract.
8. Venue is proper in [COUNTY] County under O.C.G.A. §§ 9-10-30 & 14-2-510 (for corporations) because Defendant [resides in / maintains its registered office in / committed the acts giving rise to the claim in] this County.
9. The amount in controversy is within the monetary limits of this Court.

4. STATEMENT OF FACTS

10. On [CONTRACT DATE], Plaintiff and Defendant entered into the Contract whereby Defendant agreed to [SUMMARY OF OBLIGATIONS].
11. Plaintiff fully performed, or was ready, willing, and able to perform, all obligations required of Plaintiff under the Contract.
12. Defendant breached the Contract by, inter alia, [SPECIFIC BREACHES—e.g., failure to pay $, failure to deliver goods, non-performance].
13. Plaintiff provided written notice of default to Defendant on [NOTICE DATE], and more than [CURE PERIOD] days have elapsed without cure.
14. As a direct and proximate result of Defendant’s breach, Plaintiff has suffered damages in an amount not less than $[AMOUNT] to be proven at trial.

5. COUNT I – BREACH OF CONTRACT

15. Paragraphs 1-14 are incorporated herein by reference as though fully set forth.
16. The Contract is a valid, binding, and enforceable agreement supported by adequate consideration.
17. Defendant’s actions constitute a material breach of the Contract.
18. Plaintiff has been damaged and is entitled to recover all actual, consequential, incidental, and expectancy damages allowed by Georgia law.

6. DAMAGES

19. Plaintiff seeks:
    a. Direct damages in the amount of $[DIRECT DAMAGES];
    b. Consequential damages estimated at $[CONSEQUENTIAL DAMAGES];
    c. Pre-judgment interest pursuant to O.C.G.A. § 7-4-15; and
    d. Post-judgment interest at the statutory rate until paid.

[// GUIDANCE: Update damage categories as appropriate; punitive damages are generally unavailable in contract actions absent tortious conduct.]

7. ATTORNEY’S FEES (O.C.G.A. § 13-6-11)

20. Defendant has acted in bad faith, has been stubbornly litigious, and has caused Plaintiff unnecessary trouble and expense, entitling Plaintiff to recover reasonable attorney’s fees and costs of litigation.

8. CONDITIONS PRECEDENT & NOTICE

21. All conditions precedent to Plaintiff’s claims have been satisfied, performed, excused, or waived.
22. Plaintiff has complied with any contractual notice and cure requirements.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendant as follows:

A. Compensatory damages in an amount to be determined at trial, but not less than $[AMOUNT];
B. Pre- and post-judgment interest as provided by law;
C. Attorney’s fees and expenses of litigation under O.C.G.A. § 13-6-11;
D. All costs of court; and
E. Such other and further relief—legal or equitable—as this Court deems just and proper.

10. JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable.

11. VERIFICATION (OPTIONAL)

State of Georgia )
County of ______ )

Personally appeared before the undersigned officer duly authorized to administer oaths, [NAME & TITLE], who, being first duly sworn, deposes and says that he/she is authorized to make this Verification, that he/she has read the foregoing Complaint and knows the contents thereof, and that the facts contained therein are true and correct to the best of his/her knowledge, information, and belief.

[NAME], [Title]
Plaintiff / Authorized Representative

Sworn to and subscribed before me
this ___ day of ____, 20__.

Notary Public
My Commission Expires: ____

[// GUIDANCE: Georgia law does not mandate verification for contract complaints, but some practitioners include it to strengthen pleadings and facilitate summary judgment.]

12. EXHIBIT INDEX

• Exhibit A – Executed Contract (with all amendments and schedules)
• Exhibit B – Written Notice of Default dated [NOTICE DATE]
• Exhibit C – Damages Calculation Spreadsheet

13. CERTIFICATE OF SERVICE

I hereby certify that I have this day served a true and correct copy of the foregoing Complaint by [STATUTORY METHOD—e.g., certified U.S. Mail, return receipt requested] and by filing the same with the Clerk of Court, who will serve Defendant pursuant to O.C.G.A. § 9-11-4.

This ___ day of ____, 20__.

[COUNSEL NAME]
Georgia Bar No. ____
[LAW FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Counsel for Plaintiff

[// GUIDANCE:
1. Attach Georgia’s Civil Case Filing Information Form as a separate document when filing.
2. Discovery is governed by O.C.G.A. §§ 9-11-26—37 and Uniform Superior Court Rule 5; default limits (unless otherwise ordered) include 30 interrogatories, 30 requests for production, and 30 requests for admission per party.
3. Confirm compliance with local rules (e.g., Standing Orders on electronic filing, mandatory mediation requirements).
4. For service on out-of-state defendants, consult Georgia’s Long-Arm Statute, O.C.G.A. § 9-10-91.
5. Evaluate whether to file in Superior Court if injunctive relief or equitable remedies become necessary.]