Restrictive Covenants For Independent Contractor In Georgia
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FAQ
The GRCA's blue-penciling provision allows Georgia courts some discretion to modify a restrictive covenant to make it reasonable (and enforceable), but, as previously discussed, while courts have discretion to “blue pencil” (narrow/sever) restrictive covenants to bring them into compliance with Georgia law, a court may ...
Q: Are non-compete agreements enforceable in Georgia even if signed after employment commences and/or without any additional consideration? A: Yes, continued employment is generally considered sufficient consideration for a non-compete in Georgia.
In Georgia, the enforceability of restrictive covenants is governed by the GRCA, OCGA § 13-8-50 et seq. The GRCA provides that employment contracts that restrict competition must be “reasonable in time, geographic area, and scope of prohibited activities.” OCGA § 13-8-53(a).
My limited understanding is, restrictive covenants are only enforceable by a home owners association created among them. A local government isn't going to swoop in and enforce, or defend, a covenant that you created on your property. The local government is only concerned with land use ordinance's and state laws.
Following that general consensus throughout the country, Georgia law likewise generally provided at Code Section 44-5-60 that covenants restricting the use of land would be valid for a maximum of twenty years, and at the end of the twenty years, the restrictive covenants would automatically expire.
Key provisions of the new law include: (1) providing for judicial modification of an otherwise overly broad covenant to make it enforceable; (2) allowing the courts to evaluate non-solicitation covenants and non-compete covenants separately and to enforce one without regard to enforceability of the other; and (3) ...
