Construction Litigation

Navigating a breach of contract in the construction industry requires a thorough understanding of the foundational elements needed to establish the claim. To move forward with a breach of contract claim, you must provide evidence of an enforceable contract between your company and the other party. This typically is a written agreement, detailing the obligations, signed by both parties. While unwritten contracts might be valid, they are invariably tougher to prove, particularly in multifaceted construction matters.

Additionally, to be successful with your breach of contract claim with your construction project, your company must prove that it upheld its end of the bargain. This could entail proof of payments made, resources provided, or any other obligations undertaken. If there was any non-performance on your end, it should be justified (e.g., because of the other party’s prior breach or another valid legal excuse).

Your company should also specifically delineate how the other party defaulted on its contractual obligations. In construction, this might mean highlighting undelivered materials, missed construction milestones, substandard work quality, or any other deviations from the agreed-upon terms. Your company must also illustrate that it endured damages (financial losses from project delays or reputational damage) directly stemming from the breach.

While not strictly a requirement for proving a breach, courts often look favorably upon parties who worked to make genuine efforts to mitigate (or minimize) the damages arising from a breach.

Given the intricate nature of construction contracts and the many parties and components involved, enlisting the expertise of a Nevada construction litigation attorney will be invaluable in navigating and substantiating your claim effectively.

Interference with contractual relations, often termed “tortious interference,” arises when a third party knowingly and improperly interferes with another’s contractual or business relationship, causing damage. For a company to establish a claim for interference with contractual relations, these elements typically need to be proven:

• Valid Contractual Relationship: Your company must first demonstrate the existence of a valid and enforceable contract or business relationship with another party. This doesn’t always have to be a formal, written agreement; even an ongoing business relationship with expected future dealings can suffice.
• Third Party’s Knowledge: It’s essential to show that the interfering party was aware of the contract or business relationship. This knowledge signifies their cognizance of the potential repercussions of their actions.
• Intentional Interference: Your company needs to prove that the third party took deliberate actions leading to interference or disruption of the contractual relationship.
• Improper Method or Means: The interference must have been achieved through wrongful means. Examples include fraud, threats, or inducing breach through misrepresentation. It distinguishes between legitimate competitive business practices and tortious interference.
• Resultant Damage: Lastly, it’s imperative to show that your company suffered actual harm or damage as a direct result of the interference. This could manifest as lost profits, incurred expenses, or even reputational harm.

Given the nuanced nature of such claims, and the need to decisively establish each of these elements, it’s important to consider visiting with a seasoned construction litigation attorney in Nevada. The legal team at Hone Law can provide guidance tailored to the specifics of your situation and help you understand your legal options.

In Nevada, interference with prospective economic advantage is recognized as a cause of action distinct from the traditional tort of interference with existing contractual relations. This tort addresses situations where a third party improperly interferes with a business’s expected future relationships or economic gains, even if no existing contract has been disrupted.

To establish a claim for interference with prospective economic advantage in Nevada, your company generally needs to show that there was a reasonable probability of entering into a valid business relationship. Additionally, the interfering party must have been aware of the prospective relationship or economic advantage. This suggests they understood the potential consequences of their actions.

It is also important to showcase that the third party acted to disrupt the prospective economic relationship, rather than the interference being an unintended byproduct of other actions. The interference should not stem from legitimate business competition. Instead, it must result from wrongful or improper methods, such as fraud, misrepresentation, threats, or other unethical practices.

Your company also needs to prove that it suffered actual losses or damages due to the interference. This might include lost opportunities, reduced profits, or any other tangible economic harm.

As with all tort claims, nuances can arise based on the specifics of each case. In Nevada, where the business landscape is dynamic, and the judicial interpretations evolve, it’s highly beneficial to visit with a knowledgeable construction litigation attorney. Our team at Hone Law can navigate the intricacies of the state’s legal framework, ensuring that your company’s interests are robustly represented.