On Monday, November 21, 2022, Georgia’s State-wide Business Court agreed to transfer an $18 million development contract dispute to the Superior Court of Bryan County. The defendants, Ford Field & River Club Inc. and Ford Field & River Association Inc., requested the transfer. They have been sued for breach of contract by Northcap Savannah LLC, who alleges that the Ford Field Entities fabricated a non-existent contract provision to get out of a development agreement in Richmond Hill, Georgia.
Georgia’s State-Wide Business Court opened in August 2020 with the goal of resolving business disputes in a dedicated forum within the state that would be easier and faster than in other courts. However, a statutory provision has hampered the growth of the new court. The Georgia Legislature included in the statutory scheme a provision that requires the consent of both the plaintiff and defendant before a case can proceed in the GSBC. A defendant has 30 days to request to opt-out of the court’s jurisdiction and transfer the case to another appropriate court. The GSBC must honor such a request.
When he resigned from the position in June 2022, the court’s prior and inaugural judge, Walter W. Davis, expressed concern about the mutual consent rule the Legislature had imposed on the court, saying that the rule must be scrapped for the business court to reach its full potential.
The attorneys at Chilivis Grubman represent clients of all types and sizes in connection with business disputes. If you need assistance with such a matter, please contact us today.