Contractual disputes are a part of doing business in Nevada, though many can be resolved through communication and compromise. You may hope that litigation would not be necessary to enforce your company’s contractual rights but filing a breach of contract claim may be the only option.
Our Las Vegas business litigation attorneys at H1 Law Group understand that few business owners look forward to court action, even when you realize litigation is essential to protect your interests. Fortunately, we have extensive experience representing businesses throughout Clark County, so you can have confidence knowing your company is in good hands with a breach of contract claim. Please contact our office to schedule a consultation with a Las Vegas business lawyer. You may read below for answers to common questions about these cases.
What Are the Basic Elements of a Breach of Contract Lawsuit?
The subject matter may vary, but the essential elements are generally the same:
- You must show you had a valid, enforceable contract, with an offer, acceptance, and the exchange of consideration;
- You are a party with standing to sue for breach of contract;
- The other party breached the contract through some specific act; and,
- You suffered harm as a result of the breach.
Though not an element of a breach of contract case, you should also keep in mind Nevada’s statute of limitations. You have six years to sue on a written contract and four years for a verbal agreement.
Do I Need to Prove that I Fulfilled My Contractual Obligations?
You must show that you substantially performed your contractual duties by completing the agreement’s essential terms. Alternatively, you can provide proof that you were ready and willing to do so until the other party’s conduct prevented it.
Are There Different Kinds of Breach?
There are different acts that may violate contractual terms, but the most important one is “material” breach. This may occur when the other party fails to substantially perform critical obligations that form the basis of the contract. For instance, it may be a material breach to refuse to provide payment under the agreement; it may not be material that payment was a day late.
What Do I Do if the Other Party Breached Our Contract?
For a material breach, you can sue for monetary damages to recoup your losses. However, you may also consider other legal remedies that make sense under the circumstances. You could request equitable relief, including specific performance. With this type of action, the court would enter an order forcing the other party to comply.
Discuss Your Breach of Contract Claim with a Las Vegas Business Attorney
If you have additional questions about what you need to prove in a breach of contract action, please contact H1 Law Group to set up a consultation at our Henderson, NV office. Our team can review the circumstances and explain your options, whether through monetary damages or equitable remedies. Our Las Vegas business litigation lawyers represent companies in Clark County and throughout Nevada, and we are happy to assist with all your litigation needs.
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