Conditions Precedent | Carrollton, Georgia lawyer

Carrollton lawyers know that wherever the law names a condition precedent to the bringing of an action, or the parties either expressly or by necessary implication, make a condition precedent in a contract, the condition must be complied with before an action will lie, unless it is waived, or compliance is prevented by some act of the defendant. Where a complaint generally alleges performance or occurrence of a condition precedent and the defendant denies that allegation only generally, unless the complainant insists on the right to a specific and particular denial via a motion to strike the general denial as an insufficient defense, the general allegation stands denied and the requirement of proof of performance of conditions precedent remains. Procurement of a certificate of authority to transact business is a condition precedent to a foreign corporation's capacity to commence or maintain any suit or proceeding in any court of this state. The subsequent procurement of the certificate and later refiling of an action dismissed for failure to procure the certificate will cure the original failure to comply with this condition precedent and a defense of res judicata will not lie to bar the second suit.

No demand is necessary as a condition precedent to the commencement of an action, except in such cases where the law or the contract requires that such demand be made. OCGA 9-2-6.

Carrollton georgia lawyers know that an action cannot be brought against any municipal corporation without first making a written demand upon the governing authority setting out the essential facts and recovery desired. § 36-33-5. Written Demand Prerequisite To Action For Injury To Person Or Property; Time For Presenting Claim And For Consideration By Governing Authority; Suspension Of Limitations

(a) No person, firm, or corporation having a claim for money damages against any municipal corporation on account of injuries to person or property shall bring any action against the municipal corporation for such injuries, without first giving notice as provided in subsection (b) of this Code section.

(b) Within six months of the happening of the event upon which a claim against a municipal corporation is predicated, the person, firm, or corporation having the claim shall present the claim in writing to the governing authority of the municipal corporation for adjustment, stating the time, place, and extent of the injury, as nearly as practicable, and the negligence which caused the injury. No action shall be entertained by the courts against the municipal corporation until the cause of action therein has first been presented to the governing authority for adjustment.

(c) Upon the presentation of such claim, the governing authority shall consider and act upon the claim within 30 days from the presentation; and the action of the governing authority, unless it results in the settlement thereof, shall in no sense be a bar to an action therefor in the courts.

(d) The running of the statute of limitations shall be suspended during the time that the demand for payment is pending before such authorities without action on their part.