What An Attorney Can Do To Take Legal Action Against Breach Of Contract Agreements

By March 8, 2019Small Business

A breach of contract occurs when at least one party does not perform to its obligations under the terms of the agreement. A contract breach can cause considerable disruption and financial damage to the non-breaching party. If your company was the victim of a contract breach in Nevada, you need to be ready to take immediate action to protect your rights. A top-rated Las Vegas business attorney with experience in contract litigation can help.

Breach Of Contract: How Our Las Vegas Business Lawyers Will Protect Your Rights

  • Review the Breach, Assess Your Legal Options

First and foremost, our Las Vegas business attorneys will be able to conduct a comprehensive review of your case — explaining your rights and options to you. In breach of contract claims, there are many different issues that need to be considered. Before taking any legal action, it is strongly recommended that the plaintiff has their contract and the breach itself reviewed by a qualified lawyer.

  • Draft a Before Action Letter

With a breach of contract claim, you may be able to resolve the case without the need for litigation. Your Las Vegas business lawyer can draft an effective ‘Before Action’ letter or ‘Demand Letter’. Essentially, this type of letter — which is sent prior to initiating litigation — will provide an overview of your claim, explain how the breaching party can resolve the issue outside of litigation, and clearly state your intentions to file a lawsuit if the contract breach is not remedied in the appropriate period of time. This type of letter should always be drafted by an experienced Las Vegas business lawyer. When done correctly, it can be a cost-effective way to move a breach of contract claims towards a successful resolution.

  • Commence Settlement Negotiations

Depending on the nature of your case, it may be advisable to move into settlement negotiations. These negotiations can be informal, perhaps simply getting both sides into a room together to figure out the best solution, or they can be formalized — potentially including business mediation. In either case, your company should be represented by a Las Vegas business lawyer. Of course, a settlement is not advisable or achievable in every case. If the breaching party fails to cooperate, it may be time for a lawsuit.  

  • FIle a Lawsuit, Prepare for Litigation

Your Las Vegas business lawyer will always work to protect the rights and interests of your company. While many a breach of contract cases can be resolved prior to litigation, a lawsuit is sometimes necessary. Any lawsuit must be filed before the statute of limitations expires. Under Nevada law (Nev. Rev. Stat. § 11.190), plaintiffs have six years to file a lawsuit for the breach of a written contract, but only four years to initiate litigation for the breach of an oral agreement. In either case, it is best to take action quickly.

Get Help From Our Las Vegas Business Lawyers Today

At the H1 Law Group, our Nevada business litigation attorneys have extensive experience handling breach of contract claims. If your company suffered financial damages as a result of the breach of a commercial agreement, we are here to help. To set up a fully confidential review of your case, please do not hesitate to contact our legal team today. With a law office in Henderson, we serve clients in Las Vegas and throughout Clark County.