Protecting Your Company In Breach Of Contract Situations

Breach of contract occurs when one party fails to meet their obligations as defined by the contract. This can come after the fact, such as when one party fails to pay for services performed, but in some cases, you can catch the problem early and take action before it develops into something far more serious and difficult to resolve. If you believe that a contract dispute is on the horizon, talk to Carbajal Law in Las Vegas right away. Attorney Hector J. Carbajal II is here to help you find the resolution that serves your best interests as quickly as possible to minimize the harm.

Carbajal Law Understands The Value Of Contracts

Attorney Carbajal represents Las Vegas-area clients in all types of breach of contract matters, including those involving:

• Employment contracts
• Construction contracts
• Independent contractor issues
• Intellectual property (including copyright, trademark, licensing and patent disputes)
• Distribution contracts
• Trade secret protection
• Operating agreements
• Business leases
• Commercial leases
• Residential leases
• Real estate contracts
• Partnership agreements
• Breach of fiduciary duty
• Fraudulent transfer of assets
• Breach of good faith and fair dealing

With experience across this wide range of contract matters, attorney Carbajal provides knowledgeable representation whether you need to enforce an agreement, defend against breach claims or resolve complex contractual disputes.

How Breaches Of Contract Occur

Breach of contract can occur in many ways, all of which can be very costly and harmful to you. Attorney Carbajal can help, no matter what type of breach of contract you are dealing with, including:

• Material breach
• Fundamental breach
• Anticipatory breach
• Partial breach

Each type of breach requires a different legal approach, and attorney Carbajal knows how to build a strong case to protect your interests and recover the damages you deserve.

Elements Of A Valid Contract

Before you can take legal action, you must first establish that a legally binding agreement actually existed. Nevada courts generally look at five specific factors to determine if a contract is enforceable under the law:

• Offer and acceptance: There must be a clear expression of a desire to enter into a contract on certain terms and an unqualified acceptance of those terms by the other party.
• Meeting of the minds (mutual assent): In Nevada, both parties must have a shared understanding of all material terms of the agreement for the contract to be enforceable.
• Consideration: Both parties must exchange something of value. This could be a trade of cash for goods, a commitment to provide services or a formal agreement to give up a specific legal claim.
• Competent parties: All parties signing the document must have the legal right to do so, meaning they are of legal age and have the mental capacity to understand the contract.
• Legal purpose: The objective of the agreement must be lawful. A court will not enforce a contract that involves illegal activities or violates public policy.

Verifying these elements early on is a vital step in any business transaction or legal matter. Our business lawyer will carefully review these foundational points to ensure your agreement can withstand a challenge in court.

Proving A Breach Of Contract

Pursuing a breach of contract claim requires more than just showing that the other party did not follow an agreement. You must prove that:

• The contract was valid: You must provide evidence that your agreement met all the legal requirements mentioned in the section above.
• You fulfilled your own responsibilities: You must prove that you did what you were supposed to do under the contract or that you had a legitimate reason for not doing so.
• The defendant failed to perform: You must prove that the other person or business failed to meet their specific duties as outlined in the contract.
• The breach caused financial loss: You must demonstrate that the breach resulted in damages such as lost profits, extra expenses or damaged property.

As your legal counsel, attorney Carbajal will methodically address each of these requirements and work to build a clear case for why the other party should be held accountable.

Common Defense Strategies In A Breach Of Contract Claim

If you are accused of breaking a contract or if the other side tries to challenge your claim, there are several legal defenses that may be available, depending on the circumstances of your case:

• No valid contract existed: If the original agreement was missing a key element, such as a clear offer or an exchange of value, it might not be enforceable.
• The contract was void or voidable: Courts may declare a contract void from the start or allow a party to cancel (void) it if they were misled or forced to sign under duress.
• Performance was excused: In some cases, unexpected events happen that can make it physically or legally impossible for a party to finish their work.
• Conditions precedent not satisfied: If the contract required a specific event to happen before work started and that event never occurred, there may be no breach.
• Statute of limitations expired: Nevada has specific deadlines for filing lawsuits. Generally, you have six years for written deals and four years for verbal ones. This time limit begins from the date the breach occurred or was discovered.
• Failure to mitigate damages: The law requires the nonbreaching party to first take reasonable steps to minimize their losses rather than letting damages accumulate. This means that the person claiming a loss cannot simply wait for damages to increase if they have a reasonable way to stop them.
• The contract was discharged: Courts may consider obligations finished if there was a prior agreement to cancel the contract or through a “novation,” a process where the parties agree to replace the original contract or party with a new one.

Identifying the correct defense is a critical part of protecting your company from liability or anticipating the other party’s strategy. Our breach of contract lawyer will examine every detail of your dispute to help you find the most effective path forward.

Providing Legal Remedies

The legal remedies available depend on the type of breach of contract and the way in which it has harmed you or your business. At Carbajal Law, we work closely with each client to determine what type of remedy will be most beneficial. In some cases, it is a straightforward payment of money to compensate you for what you are owed and for your losses, but in some cases, what you really need or want is a specific action. The remedies available may also be outlined in the contract itself. You may be seeking one, or a combination, of the following:

• Direct damages
• Incidental damages
• Consequential damages
• Liquidated damages
• Contract reformation
• Contract rescission

When you have lost money due to a breach of contract, our attorney is here to help you recover it. That includes money that you had to spend to prevent the problem from costing you even more. In some cases, what you really need is to rewrite the contract so that it works for both parties. In these cases, you cancel the contract altogether, have all money returned and go back to square one as if the contract never existed in the first place.

Get A Free Consultation At Carbajal Law

Carbajal Law in Las Vegas will work closely with you to understand your needs and determine which types of remedies are appropriate for your case. To learn more about how we can help you when you are dealing with breach of contract matters, please call us at 702-829-7476 or contact us online to schedule your initial consultation.