Las Vegas Breach of Contract Attorneys
What is a Breach of Contract?
To understand whether there is a breach of contract, you first need to understand the contract's parameters. A contract is a legally binding agreement between two parties, obligating both parties to specific duties. Contracts can be verbal or in writing. When they are verbal, by their nature, they are difficult to define. When contracts are between sophisticated parties, the terms of the contract are primarily limited only by the parties' creativity. If one party does not uphold their side of the contract, a breach of that contract has occurred. Breach of contract is a civil cause of action that can be brought against another party. If a judge or jury finds against that party, they will be held liable for the damages caused by the breach.
Four Types of Breach
Minor Breach
A minor breach is essentially a broken promise that does not amount to a failure to perform a significant contractual duty. There are ancillary terms within contracts that are not related to the material purpose of the contract. When a party breaches one of these ancillary terms, the bedrock of the contract is not broken. Instead, there is a breach of the contract's "minor" or immaterial terms. This is the opposite of a material breach.Material Breach
This type of breach of contract is so substantial that it nullifies the contract in its entirety. For example, if a business owner paid a contractor to install a new gym, but the contractor did not complete the majority of the buildout. The business owner can file a breach of contract lawsuit to cancel the contract and recover damages.Anticipatory Breach
An anticipatory breach of contract occurs when a party actively declares their intent to refuse to perform an act required by the contract before the performance date. For example, before the delivery date, a supplier might tell your company they cannot fulfill the contract as promised.Actual Breach
An actual breach of contract refers to a breach that has already occurred. When a breach of contract occurs, there are several remedies a party may pursue. These include compensatory damages to address direct economic losses resulting from the breach, and consequential losses, which are indirect losses that go beyond the value of the contract itself but are the result of the breach.
Common Breaches
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.
Failure to fulfill contracts is not just an inconvenience. Dishonest companies breach agreements simply because they believe you won't pursue litigation, taking this course of action as a business strategy. At Cohan PLLC, we're here to help right these wrongs.
When we pursue litigation against dishonest companies, it helps people recover what they lost. It also allows our clients to bring closure to a difficult part of their lives. When organizations mistreat you or don't keep their word, it makes you feel powerless. Cohan PLLC holds them accountable to give you your power back.
Cohan PLLC is the Firm Clients Turn to When The Stakes Are High
If you or your company suffered because of the actions of a dishonest company, seek the help the firm clients turn to when they are involved in Complex Litigation. At Cohan PLLC, we have extensive experience in business litigation cases and know how to get our clients the justice and compensation they deserve.
Actual Breach
An actual breach of contract refers to a breach that has already occurred. When a breach of contract occurs, there are several remedies a party may pursue. These include compensatory damages to address direct economic losses resulting from the breach, and consequential losses, which are indirect losses that go beyond the value of the contract itself but are the result of the breach.
Chasen Cohan, Esq. is the founder of Cohan PLLC. Mr. Cohan is a licensed attorney who also possesses FINRA Series 7 (Registered Representative) and Series 63 (Uniform State Representative) licenses, state insurance licenses, and State Securities Registrations in Nevada, Missouri, and North Carolina. Mr. Cohan is admitted to practice law before the Nevada Bar, all Nevada State and Federal Courts, and the United States Court of Appeals for the Ninth Circuit.
Mr. Cohan’s representative clients have included: Wal-Mart Stores, Inc., Sam’s West, Inc., MGM Grand Resorts International, New York-New York Hotel & Casino, Mandalay Corp., The Treasure Island Hotel and Casino, The Cosmopolitan of Las Vegas, The Mirage Casino-Hotel, South Point Hotel & Casino, American Express, Barclays, US Bank, Wells Fargo, Citibank, and various life insurance companies and service providers.
Mr. Cohan is a Las Vegas native who graduated with honors from UCLA with a Bachelor of Arts degree in Political Science. Mr. Cohan received his Juris Doctorate from the University of Texas School of Law. During law school, Mr. Cohan served as a clerk for the Office of the Texas Attorney General and a Judicial Extern for United States District Court Judge James R. Nowlin.
Clients from global brands and middle-market companies to innovative startups and individuals trust Cohan PLLC to resolve their trickiest legal disputes. Whether that’s litigation in state or federal trial and appellate courts in Nevada; investigations and enforcement actions before government agencies; or mediation, arbitration, and regulatory agency proceedings. Cohan PLLC has litigated hundreds of millions in dollars of claims on behalf of corporate litigants. As a result of this experience, Cohan PLLC has been afforded the opportunity to selectively act as Plaintiff’s counsel on complex, personal injury matters.