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22 02, 2018

Can I Sue Someone if They Don’t Follow Through with a Contract?

By |February 22nd, 2018|Categories: blog|0 Comments

If you're a business owner or a have entered into a contract with someone, there are important rules that govern the execution and performance of the contract. The contract binds both parties to the provisions included within the document. Breaking these provisions, may open you or the offending party up to damages. Contract law cases can be tricky to prove in court, especially if the contract is not clear. That's why business lawyers and commercial lawyers exist; to help their clients understand the burden of what their clients have to prove in contract law lawsuit. They also can help their clients prepare and negotiate good, clear contracts. Here are the four things a plaintiff seeking a claim for breach of contract must prove in order to win their case and collect damages: Four Pillars Of Proof Below are the four steps, or elements, that a plaintiff must be able to prove or a defendant must be able to disprove for a breach of contract case in order to be awarded damages from the Court. For a clearer understanding, we will use an example fact pattern. Here, Bob is a deck builder that works as a contractor. Sally is in need of a deck. She signs a contract saying she will pay Bob $17,000 to build a deck of a predetermined size in one week. After Bob builds the deck, Sally decides she no longer wants the deck and decides not to pay. Let's look at what would happen if Bob and his business lawyer decided to sue. An Enforceable Contract Exists If Bob has a copy of the written contract with both of their signatures on it, and that contract was written in a way that didn't include any unlawful provisions, this should in most cases suffice for [...]

9 01, 2018

Do You Need an Attorney if You Receive a Citation from the Nevada State Contractor’s Board?

By |January 9th, 2018|Categories: blog|0 Comments

If you think that you don't need an attorney after receiving a citation from an official governing body in your state -- think again. Business and construction laws vary nationwide and in certain industries, can be quite complicated for the average person to navigate alone. If you've received, for any reason at all, a citation from the Nevada State Contractors Board, to ensure that you stay out of further legal, commercial, and financial trouble, you should seek professional help from a business/construction attorney who knows how the Nevada State Contractors Board works. The Nevada State Contractor's Board is an agency that licenses and regulates contractors and activity that is required to be performed by contractors throughout the state. They are committed to promoting the integrity and professionalism of the entire contracting industry, and that means they can administer citations to offending parties whenever they see fit. Just because a citation has been handed down, however, doesn't mean you or any other contractor were acting unlawfully or improperly. However, it is a serious issue that needs to be addressed in a timely fashion. Because a contractor's business will rise and fall based on their reputation, it is essential that you take these citations very seriously. Even if the citation seems insignificant to you, future customers may not. If you do nothing to address the citation, you will likely receive a citation and your business could suffer for years to come. The legal ramifications of ignoring a Nevada State Contractor's Board citation could be extremely detrimental to your entire business or career. Because of the importance of these citations, you could absolutely benefit from consulting an experienced commercial business/construction lawyer who can assist you throughout the entire [...]

10 11, 2017

UNLV Receives $4 Million to Revamp Lee Business School

By |November 10th, 2017|Categories: blog|Tags: |0 Comments

With 3,500 undergraduate students, 500 graduate students, and 100 faculty and staff, the Lee Business School is one of the largest schools at the University of Nevada, Las Vegas. The Lee Business School has done wonders for graduate and undergraduate students who are studying everything from business law to management information systems. Recently, thanks to a $3 million pledge and $1 million donation, UNLV's Lee Business School hopes to make even more of an impact in the business world. "The mission of Lee Business School is to cultivate leaders who transform business," said Brent Hathaway, dean of Lee Business School. "These gifts will greatly expand the capacity of the current center and further the vision of the school, benefiting students and the community for decades to come." Dennis Troesh pledged $3 million to expand the Center for Entrepreneurship (which will subsequently be renamed the Troesh Center for Entrepreneurship and Innovation). Additionally, the Charles Koch Foundation donated another $1 million to the school. The Troesh Center for Entrepreneurship and Innovation will partner UNLV students with renowned leaders and entrepreneurs in the business community. These industry leaders will help students learn how to properly negotiate, make strategic investments, learn the ins and outs of business law, how to read a business contract, how to close sales deals, and so much more. "Business must innovate to stay competitive, and the Center for Entrepreneurship offers the industry vital research and business development services to stay ahead of trends," said Troesh. The money from both the pledge and the donations will be dispersed over a five-year period beginning July 1. There are hundreds of industries that these future entrepreneurs can break into and they aren't all involving white-collar tasks. The [...]

10 10, 2017

Why It’s Better to Form a Company in Nevada

By |October 10th, 2017|Categories: blog, Business Formation, Business Law|Tags: |0 Comments

Starting your own business and then running that company can be one of the most rewarding, but difficult tasks of your entire life. There are so many factors to consider! Not only that, but you'll need to spend time, money, and energy working towards keeping your business afloat. Though forming a company may initially lead to more stress, eventually you'll be on the fast track to success. Because forming a company brings so much stress, it's important to find the best areas to actually start your business. Forming a company in Nevada, for example, is a much better decision that beginning a company in other states. Here are a few reasons why it's better to form a company in Nevada. No state income tax Having to report and pay an income tax for a new company can make it more difficult to get off the ground. Just when you gain some momentum, as a business, and start seeing some actual revenue, you'll have to fork over a percentage to the state where you are incorporated, if that state requires companies to pay an income tax. In Nevada, however, new business owners don't have to worry about that. Including Nevada, there are seven U.S. states that currently don't have an income tax. The other six states are Florida, Alaska, South Dakota, Wyoming, Texas, and Washington. Single member Limited Liability Companies are protected Business entities that fall within the classification of “single member limited liability company” are extremely popular, but aren't protected in every single state the same as multi-member liability companies. Nevada, however, protects new company owners who create a single member LLC. IN fact, in Nevada, single business owners are treated the same as multiple [...]

18 09, 2017

Starting a Business? Make Sure You Have These 5 Documents to Avoid Legal Trouble

By |September 18th, 2017|Categories: blog, Business Formation, Contract Law|Tags: , |0 Comments

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. Privacy policy outlined on the Internet This isn’t necessarily required by law either, but it’s still a best practice for business owners to have policies for their [...]

12 09, 2017

When to Contact a Construction Attorney? 3 Situations to Be Aware Of

By |September 12th, 2017|Categories: blog, Construction Law, constructionLaw1|Tags: |0 Comments

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 [...]

27 06, 2017

Breach of Contract in Nevada Commercial Real Estate Law

By |June 27th, 2017|Categories: blog, Contract Law, Real Estate Law|Tags: , |0 Comments

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.

27 06, 2017

5 Important Things to Look for in a Successful Commercial Lawyer

By |June 27th, 2017|Categories: blog|Tags: |0 Comments

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 [...]

12 05, 2017

6 Frequently Asked Questions Involving Nevada Real Estate

By |May 12th, 2017|Categories: blog, Real Estate Law|Tags: |0 Comments

[column width="1/1" last="true" title="" title_type="single" animation="none" implicit="true"] 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 [...]

17 04, 2017

Filing for Bankruptcy in Las Vegas? What You Need to Know

By |April 17th, 2017|Categories: Bankruptcy Law, blog|0 Comments

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. [...]