Las Vegas Breach of Contract Attorney

Common Breaches of Contract

When someone does not live up to the terms of a contract, it can often feel personal to you and your family, like a broken promise. A hotel double-books your reservation. A contractor completes their work using low-grade material that fails and causes a serious accident. An employer or business partner does not give you the benefits they promised. Your business is contractually entitled to payment by a specific date, but the other party will not return your calls. These are all broken promises and typical examples of breach of contract.

Examples of common breaches of contract include: 

• Failure to Perform: One party doesn’t fulfill their obligations as outlined in the contract (e.g., not delivering goods or failing to complete agreed-upon work).
• Late Performance: The obligated party performs their duties, but not within the agreed timeframe, causing harm or loss to the other party.
• Defective or Incomplete Performance: The party technically performs but does so improperly—for example, delivering substandard goods or incomplete work.
• Failure to Pay: A party doesn’t make required payments, either partially or in full, as stated in the agreement.
• Anticipatory Breach: One party clearly indicates they won’t perform their obligations before performance is due (e.g., through a statement or conduct).
• Material Breach: A significant failure that strikes at the heart of the contract, making it impossible for the other party to receive the benefit of the agreement.
• Minor (Partial) Breach: A smaller violation that doesn’t destroy the overall purpose of the contract but may still warrant compensation.
• Violation of Confidentiality or Non-Compete Clauses: A party breaks specific terms meant to protect business interests, such as sharing trade secrets or working with competitors.
• Improper Termination: One party ends the contract without legal justification or fails to follow the termination terms outlined in the agreement.
• Misrepresentation or Fraud: One party provides false information or conceals important facts that lead the other party to enter the contract under false pretenses.

Dishonest companies may breach an agreement simply because they believe you won't pursue litigation, essentially taking this course of action as a business strategy. Breach of contract can financially ruin entrepreneurs and homeowners alike. At Cohan PLLC, we’re here to help right these wrongs.

Remedies for Breach of Contract

When a breach occurs, the non-breaching party may be entitled to several forms of legal relief, depending on the severity and nature of the violation:

• Compensatory Damages: Financial compensation intended to cover actual losses caused by the breach.
• Consequential (Special) Damages: Compensation for indirect losses that were foreseeable at the time the contract was made (e.g., lost profits or business opportunities).
• Restitution: Reimbursement meant to restore the injured party to the financial position they were in before the contract.
• Specific Performance: A court order requiring the breaching party to fulfill their contractual obligations, often used when money can’t adequately compensate (such as in real estate transactions).
• Rescission: Cancellation of the contract, releasing both parties from their obligations.
• Liquidated Damages: A predetermined amount of compensation specified in the contract itself for a breach.
• Nominal Damages: A small monetary award recognizing that a breach occurred, even if no substantial financial loss resulted.