Commercial business law can be extremely complicated for even the savviest businessperson. Commercial law, legal contracts, and business litigation… it can all feel quite overwhelming.
Luckily, there are quality business attorneys who are available to help you maneuver through the various commercial business laws. Whether you’re involved in a legal conflict or not, it’s important that your company is equipped with the necessary documentation and legally enforceable contracts. Without having your contracts in order, your business could be at risk for serious financial penalties or lawsuits.
Here are a few essential documents you should have to avoid commercial business law disputes.
A list of your company’s bylaws
Although you don’t need to keep your company’s bylaws filed with your state or federal government, it’s best to keep a written record of them at your main office and at your attorney’s office. Without well written and understood bylaws, simple ambiguous situations could lead to legal issues or major disputes between the owners of the company. With a thorough review of your company’s Bylaws, however, your company attorney can guide you through its governing rules in order to avoid disputes due to misunderstandings.
Workers’ compensation contracts
While it’s not enforced across the country, the majority of states require companies to have some form of workers’ compensation available. Roughly 74% of states currently require all businesses to provide workers’ comp. You should make sure that you are offering legitimate workers’ comp and have the correct documentation. Otherwise, your company can be subject to liability towards both the state and your employees.
Employee agreements/company policies
This business contract outlines the expectations of the company as a whole and each individual employee to prevent future issues. You don’t have to provide an employee agreement to every single member of your team you bring on, but having each employee sign that they have reviewed and agree to the terms can help to de-escalate various legal situations that could cause harm to the company. Generally speaking, the better written the employee agreements/company policies, the more likely your employees will be able to use them and keep the Company from being sued by former employees.
No matter what industry you’re in, your company has information that should remain private. Big ideas, pricing and financial documents, employee records, and much more should always remain with the company and non-disclosure agreements can prevent this information from getting out. This document, if done properly, can create a legally binding confidential relationship between every individual and the company he/she works at.
If you’re ready to take your business to the next level, make sure you have all of these documents in place. Not sure where to begin? If you want to speak with an experienced business attorney, contact Tony M. May P.C. today.
The U.S. construction industry is actually the second largest market in the world, with a 10% share of the world market. Because of how massive this industry is, there is a high demand for quality construction attorneys who help their construction clients stay relevant in their market and keep their companies running strong.
Rather than ignoring potential problems or trying to sweep construction legal issues under the rug, it is important that construction companies realize when to contact a trusted construction attorney. Though contractors don’t have to immediately call their attorney after every construction job, they should still be aware of when an attorney’s services would benefit their Company. Here are a few instances where construction companies may want to visit with a qualified construction attorney to try and avoid potential construction claims or business contract issues.
When starting a new construction project
Staying in contact with a good construction attorney during the initial construction process is important to make sure the contractor follows all local and federal regulations. Professional construction attorneys are experienced in construction related project issues and are knowledgeable of local and federal building regulations and requirements.
When legal documents are being created
Especially when it comes to contracts, these documents are filled with often confusing jargon and a good construction attorney can help streamline the contractor’s knowledge about what duties and liabilities they are assuming by signing the Contract.
When environmental groups are involved
Environmental regulation pertaining to construction jobs usually finds itself in a category of its own. If an environmental group starts threatening a lawsuit, it’s best to just contact your attorney right away and let them handle it. When you are careful during your planning process and consult experienced construction attorneys, when necessary, you project outcome should be much better. Contact Tony M. May P.C. if you need legal and business law assistance today!
Commercial law varies from state to state and can be quite confusing if you have relatively little experience in business litigation. Everything from purchasing real estate to the foreclosure process is governed by certain types of legislation that can feel overwhelming to many.
Certainly, when contract breaches are involved, which is a common occurrence in commercial law, each party involved might feel in the right, resulting in more confusion and potential financial burdens. In order to successfully claim breach of contract, the plaintiff in any real estate law case must prove four things:
- The actual formation of an enforceable contract
- Proof that the plaintiff performed the designed duties outline in the enforceable contract
- Proof that the defendant breached a part of the contract
- Proof that the defendant's breach resulted in some form of actual damages
Unless a party understands its contractual and statutory rights, that party will find it difficult to effectively pursue a claim for breach of contract.
If you would like to know what contractual and statutory rights you have, please contact the Law Office of Tony M. May, P.C.
If you're running your own business and you do not have a knowledgeable commercial lawyer working on your side, you have a much higher chance of getting in legal trouble. Commercial law is extremely complicated and there are so many confusing aspects of business that become part of business litigation, which is why it i's essential that your company finds a qualified, trusted, and hardworking business lawyer to work with you.
Here are a few things you should look for when searching for a trusted business lawyer.
Are they experienced?
Talk to each prospective lawyer about their past experience. Go over the lawyer’s individual experiences, both successful and unsuccessful, and find out how they did. If the lawyer appears well versed in your type of business, you should be fine, but if they are too inexperienced, and are unaware of important aspects like workers comp, which 74% of states require all businesses to have, it might be a sign that you should continue your search.
Do they seem prepared?
Preparation is key in just about any type of business law case. Talk to them about their approach to specific cases and how they prepare. If you think they can gather enough pertinent information, they are probably a great match for your company.
Are they showing a general interest in getting to know you?
If your business lawyer doesn't seem like he or she has any interest in actually knowing you or your business, that attorney might not be very helpful in future legal issues or cases. You and your lawyer should have at least a friendly working relationship so that conversations can flow freely and each situation can be handled as quickly and effectively as possible.
Are they aware of their competitors?
If your prospective business lawyer isn't aware of their competitors, they might not be aware of what the best way to handle specific situations might be. Likewise, your business lawyer should have plenty of knowledge on the industry as a whole, not just on the legal side, either, so they can be ready for any legal situation that might arise in the future.
Are they punctual, organized, and professional?
If the lawyer you're working with isn't organized, is always showing up late, and doesn't seem to act too professional around other employees or clients, you should probably continue your search to find a trusted business lawyer. Lawyers don't have to be serious 100% of the time, but make sure they are organized and know how to act in an office setting.
If you want to speak with a trusted business lawyer who is well aware of the intricacies of commercial law, both transactional and in litigation, please feel free to contact the Law Office of Tony M. May P.C. today and schedule an appointment.
Navigating real estate issues can be extremely difficult if you're inexperienced. There are so many different types of contract provisions that you need to be aware of, as well as to know what to do in specific situations. This is especially true with the area of law surrounding Landlord/Tenant Issues.
When it comes to Landlord/Tenant Law, there can be so many complications that lead to Court. Because these real estate issues are so complicated, you should understand as much as possible about your transaction, your buildings, and your contracts. Here are some frequently asked questions regarding property law in Nevada.
- When should I contact qualified real estate lawyers? --If you're involved in any sort of property dispute or legal issue and you are not sure what to do, the first thing you should do is contact a trusted real estate lawyer. If you are not careful, you may give up rights you have or put yourself in a worse position that can cost you a significant amount of money and even make you lose your property.
- How long do I have before I can evict my Tenant? -- The answer is: It Depends. According to Nevada State law, Landlords are required to provide their tenants official notices prior to attempting to evict them since Landlords cannot use self-help to remove their tenants. For example, if a tenant does not pay rent by the date the Lease Agreement says rent is due, a Landlord can post a Five-Day Notice to Pay or Quit. If the Tenant does not respond, the Landlord can then go to court and get an immediate eviction notice. If the Landlord responds, the Court will set a hearing and give both parties the right to present their position before deciding whether or not to evict the tenant. .
- Am I charging too much for my security deposits? -- According to Nevada law, Landlords can charge up to three month's rent for a security deposit. If you believe that your security deposits are too high or that they do not equate to less than three month's rent, you should contact your eviction lawyer right away to discuss your options.
- If I do not provide proper notice and refuse to return my tenant's security deposit, can I be sued? -- Yes, a Tenant can sue its Landlord for failure to provide proper notice of how the Security Deposit is being used and for not returning the remaining balance of the security deposit. In fact, a tenant can pursue a claim against the Landlord for up to double the amount of the Security Deposit.
- Can a Tenant withhold his/her rent payment from a landlord? -- The Tenant is legally allowed to withhold rent from a Landlord if the Landlord fails to keep the property in a habitable condition, which includes heating, air conditioning, weather proofing, plumbing problems, etc.... However, if the Tenant wrongfully withholds rent, a Landlord can evict the Tenant for non-payment of rent.
- Does my Lease Agreement comply with Nevada Law? -- According to Nevada law, related to residential leases, Nevada law provides for certain provisions that must be included in all residential Lease Agreements. If these provisions are not included, the Lease Agreement could be void and unenforceable. Therefore, if you are not sure your Lease complies with Nevada Law, you should schedule a time to meet up with a Real Estate Attorney and make sure your Lease includes all of the required provisions. You do not want to find out your lease is invalid after a dispute with your tenant arises!
If you have any more Real Estate Law questions or want to speak to qualified real estate lawyers, please feel free to contact the Law Office of Tony M. May, P.C.
The best business owners are those who not only strive for success but have knowledge about their available resources in the event of financial setbacks. If your business gets into a bad financial situation and becomes insolvent, it may be time for a contingency plan where the business needs to erase its debt. The prospect of filing for Chapter 7, Chapter 11 or Chapter 13 Bankruptcy can be very intimidating.
However, if it is the right decision for your financial situation, then it’s a responsible one that has been part of the American legal system for a long time. The legal side of declaring bankruptcy is intricate and seeking a bankruptcy lawyer can make the process much easier to navigate. However, it behooves one to become familiar with the background and basics of the process before engaging an attorney. You will find below, a basic guide surrounding filing for Chapter 7 and 13 Bankruptcy. For Chapter 11, the process is more intricate and should be discussed with an attorney. However, for Chapters 7 and 13, use this and other resources to determine what the best course of action is for your business.
Why File Bankruptcy?
You should because you deserve a fresh start. Edison tried over 700 ways to make a light bulb before he got it right. When asked by a New York Times reporter about the concept of failure, Edison answered,
“I have not failed 700 times. I have not failed once. I have succeeded in proving that those 700 ways will not work. When I have eliminated the ways that will not work, I will find the way that will work.”
Do not feel discouraged in the process of filing for bankruptcy. This process is just another tool in the process of finding the right path for your business.
Many people have been in this position before, many more still will be, and many of those businesses who sought help from bankruptcy are now back on their feet and profitable. U.S. law allows you to eliminate or reduce your debt if you or your business is in the red and qualifies for bankruptcy.
Should You File?
First, determine if you should file for bankruptcy and what specific chapter you will file for. The two common types of bankruptcy forms for individuals and small businesses are Chapter 7 and Chapter 13. If you are sure you will file in Las Vegas and you would like specific advice on your case, contact The Law Offices of Tony M. May, P.C. online or by phone.
In October of 2005, a new bankruptcy law took effect. This law acts to establish a determination for the type of bankruptcy filing an individual may qualify for through a mathematical formula called a “means test.” This will take into consideration, your monthly income, the size and type of debt you have, and your financial assets.
In the city of Las Vegas, an individual may file for Chapter 7 or 13 Bankruptcy if their annual income amounts to less than the state median income in the state of Nevada. If an individual's annual income amounts to over the state median income, they will be required to complete a list of pre-qualifications, including an estimate deduction on their projected disposable income for the next 5 years. This, among other qualifications, will determine which chapter you may file for.
Chapter 7 Bankruptcy
This is often filed by individuals who find themselves in personal debt with unsecured debtors. You may file for Chapter 7 Bankruptcy for a maximum amount of debt management and for protecting your assets. Chapter 7 works to wipe out unsecured debts, like hospital bills, utility delinquencies, and credit cards. The process of being approved for Chapter 7 Bankruptcy is relatively streamlined and speedy for the one filing.
Normally in Las Vegas, the time elapsed between filing and being approved is between three to five months. However, this should be used with caution. The law only permits one to file for Chapter 7 once every seven years, so it is useful to consult a bankruptcy lawyer in determining whether or not filing bankruptcy at this time is right for you.
If approved, Chapter 7 Bankruptcy allows one to eradicate the majority of their unsecured debts but requires an individual to give up all of their non-exempt property. Often, those who file for Chapter 7 Bankruptcy no longer have any non-exempt property or equity or they had secured their assets. One may secure assets prior to filing, by pledging them to a secured creditor as debt collateral. Assets protected under exemption laws are not available to pay off unsecured creditors and are known as “no asset” bankruptcies. Often, Chapter 7 Bankruptcies are classified as no asset files. A court can deny a Chapter 7 Bankruptcy case if the individual's debts are mostly consumer-based.
Chapter 13 Bankruptcy
Often, filed by small businesses and sole proprietorships, Chapter 13 of the bankruptcy code allows debt to be paid back as part of a repayment plan at a smaller portion of the original amount. Though one must still pay their debt in part, they are not required to give up property. After being approved, recipients will live within a strict budget, which is monitored by the bank and the court trustee. The process for Chapter 13 Bankruptcy approval takes a significantly longer duration of time than that of Chapter 7.
Once approved, failure to meet the required monthly payments will result in a restitution of one's debts and a failure of the bankruptcy. However, debtors have an opportunity at that time to convert their bankruptcy to a Chapter 7.
Unlike Chapter 7 Bankruptcy, Chapter 13 Bankruptcy is implemented by those who are behind with payments such as a repayment plan or a mortgage. Chapter 13 allows those who are approved to catch up on their debt over time. A great benefit in filing for Chapter 13 is the opportunity for debtors to keep their homes free from foreclosure.
- Chapter 11 Bankruptcy
For large businesses or businesses with significant assets, chapter 11 is more likely the right choice of bankruptcy if the business wants to eliminate debt and continue the business. Since this is the most complicated of the three types of bankruptcy, we recommend that you sit down with a bankruptcy attorney and discuss your options directly. Many large companies in the United States, as well as within the Las Vegas Valley, have used bankruptcy as a means of keeping a business going, despite suffocating debt.
If you would like to have a confidential discussion with an attorney to determine if bankruptcy is right for you, and which form of bankruptcy will best suit you or your business, please contact us at The Law Offices of Tony M. May, P.C.
How Much Will it Cost?
Like anything in the legal industry, filing for bankruptcy can be a complicated and costly endeavor. There is more to filing for bankruptcy than a simple form and a fee. Individuals will encounter several fees mandatory for the processing of one's file. Fees will be required for pre-filing, credit counseling, debt management ‘education’, legal consultation, preparing and processing of the required forms, and other varied court procedures. It’s difficult to say, for certain, since every case is different but the process will likely cost an individual anywhere between $415 and $2500.
Many applicants may qualify for fee waivers. Finally, the cost of the filing process will be contingent on one's individual financial standing. This may take into consideration foreclosures, child support related debt, back taxes, and the status of asset exemptions. For professional help in navigating the world of bankruptcy law in Las Vegas, contact The Law Offices of Tony M. May, P.C.
4 Reasons You’ll Need a Business Lawyer
Business lawyers and legal advice are not just a good idea, they are essential components of any business plan for the legalities and laws concerning your industry. With so many legal matters, lawyers can potentially save a company time, money, and resources while providing the extra boost of confidence every business owner needs.
Not considering a business lawyer may turn into a costly mistake and an error which could have easily been avoided with a bit of research. They increase the value of the business and help protect their clients from legal implications so they can operate a fruitful and flourishing organization.
Following State and Federal Compliance procedures are also an important aspect a business owner may overlook due to the vast majority of laws. A business lawyer will help ensure no law is overlooked and all business is conducted up to State and Federal standards.
Responsibilities of a Business Lawyer
- Helps handle various business transactions legally and ethically
- Assists with liability claims
- Advises the client concerning the prosecution or defense of lawsuits
- Educates the client on their legal rights and obligations
- Analyzes possible outcomes for potential cases
- Evaluates any findings and develops accurate and pointed legal strategies
Benefits of a Business Lawyer
Here are four reasons why a business lawyer and legal advice are essential to protect you, your clients, and your employees.
Help Determine the Business Structure
Every firm or business starts from the ground up and there are often questions concerning the structure of the business. A business can choose to be a sole proprietorship, partnership, limited liability company, corporation, or nonprofit. An experienced lawyer can help navigate the business owner through all these options while helping settle on the choice which bests suit your industry.
Business lawyers can also assist with educating the business owner on how to avoid personal liabilities, set-up fees, choosing the right insurance policies for your business, setting up employee manuals, identifying business expenses, and create and file all required documents so nothing is missed in the structuring process of the business.
Drafting and Negotiating Contracts
A well-written contract is essential to any business and is the foundation of any good business deal. Business lawyers will take the time to educate their clients and explain the process for any contract or negotiation such as a sales contract, vendor contracts, and employment contracts.
A lawyer can find potential issues there may be within a contract and advise their client on how to proceed regarding any issues which may arise. They can help you achieve a fair negotiation process and fair contract terms while also evaluating the conditions of the business to be sure the client will be forfeiting none of their rights. Business lawyer can also identify liabilities within contracts that need to be addressed during contract negotiations so that your business does not take on unnecessary risks as part of a contract.
Some environmental problems a business could face include manufacturing, waste disposal, and emissions. There may also be issues which arise if you are looking to purchase a piece of property and an inspection and environmental study are required to be done before securing the financing.
A business lawyer can help advise the client on any potential problems they may face due to these requirements and will help them comply with environmental standards as they proceed with the sale.
Business lawyers also assist with franchise agreements, real estate purchases and sales, disclosure agreements, contract review, modification, and disputes. They aid in navigating stress and will read all lengthy documents in their entirety so nothing is missed and none of the client’s rights or obligations are looked over or create potential liabilities.
The biggest benefit of hiring a business lawyer is their expertise and knowledge of legal matters relating to setting up and running a business. They focus their efforts and attention on issues which can affect the business' profit margin and can interpret the laws and regulations in the client’s state that affect the bottom line of their business.
A lawyer can create strategic maneuvering techniques for preemptive measures to avoid litigation and penalties. This advice can save a business a lot of time and a lot of money and limits the owner’s exposure to potential litigation issues.
Choosing the Right Lawyer
Choosing the right lawyer will take time and patience. The client will want to look for a lawyer they know and trust. One whose reputation is good, reliable, and upstanding. While finding a lawyer, there are several questions you should ask them:
- How long have you been practicing business law?
- Do you have experience in my industry?
- How do you charge for legal fees and other expenses?
- What is your advice to lessen the chance of litigation?
Finally, consider where the office is located. Is it in a convenient location? How is the communication between yourself and the lawyer? A good lawyer will be available when the client needs them. If they do not return phone calls, then the communication isn’t there and they might not be the best fit for your business.
Hiring a lawyer to help a business is an essential move toward running a successful operation. Even before a business can open their doors for the first time, they need to be sure they have filed all the appropriate paperwork and are following the standards and regulations set forth by their state.
They also need to be sure all tax and liability obligations are addressed. If there are employees, a business lawyer can also assist with employee issues including fair employee contracts, business disputes, insurance requirements, and wage and salary information.
If the structure of the company has already been determined, a business lawyer can assist with recommendations concerning the business structure. They can help to create a better plan which takes into consideration the size and type of the business, the complexity of time issues, while also being cost effective.
Business lawyers are trained, educated, and knowledgeable on all aspects concerning the legalities of owning and operating a business and can be the best tool to save time, money, and legal stress which could arise from miscommunication, misfiled documents, or missed regulations about the operation of a business.
Tony May Law is eager to answer any questions you may have concerning your new business and is ready to assist with any legal matters that exist or could exist.
Call, email, or fill out our contact form to get in touch.
Disputes regarding business contracts can be extremely stressful and complicated if you aren't consulting with a professional business lawyer. That's why it's essential that you take advantage of business contract law services throughout the entire process of any contracting agreement.
In order to succeed in a breach of contract claim, for instance, you, with the assistance of your business lawyer, will have to prove the existence of four things: an enforceable contract, your performance of the contract, the defendant's breach of the contract, and the actual damages of that breach.
Existence of an Enforceable Contract
For a business contract to be valid, four additional things will have to be proved:
- Offer -- This can be an intention to enter a contract pertaining to both (or more) parties. Keep in mind, however, that not all discussions involving future business deals will constitute as offers.
- Consideration -- This means that each party has agreed to give and receive something of value. A unilateral promise is usually not considered an enforceable contract, and neither are deals based on past services.
- Acceptance -- This is when the parties involved have clearly agreed to all of the contract's essential terms. It is often difficult to prove acceptance in oral contracts, which is why written agreements are generally preferred.
- Mutuality -- This means that all parties involved understood and agreed to the basic terms and substance of the contract after an initial meeting or discussion.
Your Performance of the Contract
You must prove that you held up your end of the deal. In order to prove breach of contract, it's essential that you accomplished each detail and each responsibility that you were accountable for and that you were obligated to perform. If you're suing for breach of contract and it's discovered that you didn't hold up your end, there is a chance that the entire contract will subsequently be void.
The Defendant's Breach
In addition to proving that you held up your end of the contract, you have to also prove that the other party (or parties) involved did not perform their contractual duties. Whether the defendant deliberately broke contract or not, you must prove the actual breach of the contract's terms. It's important to keep in mind that breaches of contract that do not take away value from the initial agreement are generally considered minor breaches, which are much less likely to succeed as a lawsuit.
Damages of the Breach
You have to be able to prove how the specific breach of contract led to various damages. Damages cover any lost money, lost service time, or any other expense incurred due to the breach of contract. The general measure of contract damages is the loss of the bargain, which means what you lost as a result of the other party or parties' breach of the contract.
If you have been involved in a potential breach of contract case and are in need of business litigation assistance or advice, you're going to need an experienced business lawyer. Contact Tony M. May, P.C. today.
Business contracts are one of the primary issues you will need to address when entering a business project, agreement, or partnership.
Discovering there's a major flaw in the contract after signing it can result in you losing precious time, money, and even reputation. This is surely not something you want.
So, what can you do to avoid it?
To help you answer this question, we've included three common mistakes you should steer clear of in this article. So, keep on reading.
1. Overlooking the Importance of a Written Legal Contract
Your business is worth more than a handshake and a verbal agreement.
In today's economy, shaking hands on a deal and exchanging promises is not merely enough to protect your business interests.
More precisely, you need a mutually agreed upon legal contract based on clear terms and conditions. This way, you can save both time and money and spare yourself a lot of frustration in case the agreement doesn't go as planned.
2. Relying on Ready-Made Business Contracts
Why should you hire a professional lawyer when you have the low-cost possibility to use an online legal form?
Using a pre-made form you've downloaded off the Internet is not the best decision for a few different reasons.
- There is a high chance the online form will not include all important details, such as a termination clause or an assignation clause. And if you have little or no knowledge in the field, chances are you won't really know what to look for either.
- You may not understand the specialized language used or interpret it in an erroneous way. Unlike a knowledgeable lawyer, a ready-made form can't help you navigate the sometimes ambiguous terminology.
- The forms may not be relevant to your location. The law regarding business contracts in Las Vegas has its particular set of characteristics which can change from time to time. The forms you find online can be outdated or may not cover all applicable Nevada business laws.
Using these online services might seem like the cheapest solution now. However, it can actually cost you more money down the road. This is because it can expose your business to legal risks and even cause major problems in court.
Therefore, consider relying on the professional expertise of an established lawyer.
3. Entering a Contract Not Reviewed by a Lawyer
The saying nothing is as simple as it seems applies when it comes to contracts as well. Even if an agreement seems straightforward to you, it's always better to have it approved by a lawyer before making a legal commitment.
This way, you can have your attorney explain the fine print, so you will fully understand the legal duties and obligations you are entering into when you sign the contract. In short, your signing of the contract will be based on an informed decision.
At Tony M. May P.C., we have plenty of experience in the business law field.
We’ve been drafting business contracts for our clients in Las Vegas since the opening of our firm. So, we are confident we can help you with your legal matter as well.
Need assistance with any of the following?
- Contract drafting
- Contract revision
- Contract negotiations
- Breach-of-contract dispute
If so, you can schedule a consultation regarding business contracts in Las Vegas by simply calling us today at (702)-388-0404.
We'll be happy to hear more about your particular needs and start working on finding the best solution for your case as soon as possible.
If you work in the construction industry - whether you are a property owner, a general contractor, a subcontractor, or a supplier - you know construction claims are very complicated.
In fact, these disputes can affect everyone working on a construction project. Likewise, they typically involve multiple parties.
Knowing what kind of legal disputes can arise within this industry is paramount as it will help you better understand your legal rights and responsibilities.
This way, you'll be better equipped to defend a claim filed against you. Also, you'll know when you have a right to solicit a legal action being taken against someone else.
So, let's get straight to it and discuss six different types of claims which can arise within the construction industry.
6 Types of Las Vegas Construction Claims Which Concern You
1. Bond Claims
Surety bonds are required by some project owners to help ensure all parties involved on a construction project or who have contracts to supply materials will live up to their ends of the agreement.
In fact, there are several types of bonds routinely required on construction projects and each type of bond protects a certain group of people. Once the bond is in place, if the terms and conditions of the contract are violated, a claim aimed at the party who breached the contract can be pursued.
2. Construction Defect Claims
From significant cracks in the foundation of your property to corroded plumbing, anything can make the object of a claim. If proven responsible, the builder/developer can be held accountable for defective conditions encompassed in the claim.
3. Mechanic’s Lien Claims
Property owners can be held responsible for not paying their general contractors or for their general contractor’s non-payment to its subcontractor.
If someone provides materials, equipment, or labor on a construction project in the state of Nevada and they provide the proper pre-lien notice, they can file a lien against the property of the owner if they are not paid for their services. This is true even if the owner has paid the general contractor in full.
However, there are ways for the owner to protect himself/herself from the general contractor's irresponsible actions.
4. Breach-of-Contract Claims
These types of claims deal with individuals or companies failing to perform their duties and obligations relating to a valid contract. A breach of contract is a failure - with no legal excuse - to fulfill any promise which constitutes all or part of the contract. If that failure causes the other party damages, the non-breaching party can pursue a claim against the breaching party to get compensated for the breach.
5. Delay Construction Claims
Disputes related to impacts on the construction schedule are pretty common in the construction industry. Delay claims relate to unplanned events or circumstances that interfere with the progress of work. More often than not, these claims are pursued when they result in delays and disruptions of the overall project schedule and completion deadline.
6. Payment Disputes
There are various causes which can lead to payment related claims, such as:
- delay in payment of security deposit or retainage
- failure to account for all of the costs on the project
- unreasonable deduction of money from final bills
Where to Take It from Here?
Construction is a complex business. It requires the joint effort and coordination of many different entities. This often makes room for a variety of construction claims and disputes.
Managing and resolving them as they occur can be difficult and stressful for all parties involved.
To ensure the process is the least disruptive and costly as possible, consider working with a professional.
A lawyer with expertise in this area can offer you reliable advice and help you find the best possible legal solutions.
You can also reach the Law Offices of Tony M. May, P.C. by calling us at (702) 388-0404.