When an individual in Nevada hires a contractor for work on their property, such as services or repairs, they likely sign a contract that governs that work and outlines the details of the project. These contracts may also apply to other issues related to that work, such as:
- A description of the work on their property, such as services or repairs;
- An estimate of what it will cost to complete the work on their property, such as services or repairs;
- A deadline for when the work on their property, such as services or repairs, is supposed to be completed.
If the Nevada contractor that the individual hired does not complete the work on their property, such as services or repairs, the individual may be able to file a lawsuit in court. Examples of issues that can arise related to contract work for which a lawsuit can be filed include:
- Not completing or performing all of the work on their property, such as services or repairs, that was required under the contract;
- Missing deadlines for completing the work;
- Not completing the work on their property, such as services or repairs, in a satisfactory manner;
- Completing the work on their property, such as services or repairs, in such a way that violates local zoning ordinances or safety standards;
- Taking advantage of the property owner, such as by accepting money or deposits but not completing the work on their property, such as services or repairs;
- Overcharging the individual for the work on their property, such as services or repairs, that were completed.
If it becomes necessary to sue a Nevada contractor, the individual filing the lawsuit will likely do so in a civil court. When considering filing a lawsuit against a Nevada contractor, it is essential to consult with a local attorney in Nevada.
What Are Some Legal Claims That Can Be Filed Against a Contractor?
There may be an endless number of reasons why an individual is considering suing a contractor in Nevada. There are common types of claims that are often filed against a contractor, such as:
- Defective construction work
- Breach of contract
Defective Construction Work
A claim involving defective construction work may include repairs, services, or other work that has a construction defect. A construction defect occurs when the contractor does not handle the work that is done either in a reasonable manner or in accordance with the reasonable expectations of the property owner or individual who hired them.
A defect in construction work can even reduce the value of a property or structure. There are four main categories of construction defects, including:
- A design deficiency
- A subsurface deficiency
- A material deficiency
- A construction deficiency
Breach of Contract
A breach of contract claim may be made based on many different types of issues that arise related to work on a property, such as services or repairs. Examples of situations that may result in a lawsuit being filed include:
- Not starting the work on the property, such as services or repairs;
- Not meeting the contract deadlines for the work on the property, such as services or repairs;
- Not fully completing the work on the property, such as services or repairs;
- Not using the materials or fixtures listed in the contract.
A breach of contract legal claim can provide a property owner with an opportunity to recover monetary compensation for the work on their property, such as services or repairs, that were not completed, either properly or at all. In a breach of contract claim, contractors may be required to refund the property owner for the work on their property, such as services or repairs, that was not completed.
The contractor may also be required to pay for another contractor or party to complete the incorrect or unfinished work on their property, such as services or repairs.
Can I Sue a Contractor Without a Contract?
An individual who is a party to a contract may be able to sue a contractor even when a written contract was not signed. This can be done when the individual can show that an oral contract was formed.
A common example of this situation is when a contractor is hired to complete work on the property, such as services or repairs. The property owner may demonstrate that an oral contract was entered into for the work on the property, such as services or repairs. In that case, a court may order that the contractor provide the property owner with a refund for the part of the work on the property, such as services or repairs, that was not completed.
In the alternative, a court may order that the contractor pay another party to complete the work on the property, such as services or repairs that were unfinished.
How Do I Sue for Breach of Contract?
When an individual is considering filing a lawsuit against a Nevada contract for breach of contract, they should take certain important steps before they file their claim, including reviewing their contract and any other documents they signed related to the work. In certain contracts, the parties may be required to use alternative dispute resolution, such as arbitration, to resolve a dispute that arises from the contract.
When an individual files a lawsuit based on a breach of contract, they will have to show the following:
- A contract was, in fact, formed;
- That contract is valid under the laws of the State of Nevada;
- The contractor did not do what they agreed to do under that contract;
- The breach was substantial or material and not a minor one;
- The losses suffered by the party who filed the lawsuit were caused by the breach of the contract; and
- The losses the plaintiff suffered can be calculated with a reasonable degree of certainty.
How Much Does It Cost to Sue a Contractor?
The cost of suing a contractor for poor workmanship will change on a case-by-case basis depending on numerous factors, such as:
- The type of breach;
- Whether there are multiple legal issues;
- The amount of monetary damages that the plaintiff is requesting;
- The size of the job;
- Whether the party has legal representation.
When suing a contractor, it is very important to have legal representation, as it may be a stressful and complicated process. Having a lawyer will provide an advantage because they will have knowledge of Nevada laws, building codes, and construction issues.
What Is the Statute of Limitations for Contract Disputes?
The statute of limitations for written contract disputes in Nevada is six years. For oral contracts, in Nevada, the statute of limitations is four years.
A statute of limitations is a time limitation on when an individual can file a lawsuit in court. If an individual does not file their lawsuit within this time frame, their case will be dismissed, preventing them from recovering any damages.
Do I Need an Attorney for Suing a Contractor?
If you have had any issues with a contractor in the State of Nevada, you should consult with a Nevada contract lawyer as soon as you can. Your lawyer will provide you with advice about the requirements of the contract or other documents you may have signed.
You can use the large database of pre-screened attorneys at LegalMatch to find a lawyer who can start helping you right away. Just submit your legal question or issue on the LegalMatch website, and you will receive responses within 24 hours.
These responses will include information about each lawyer, such as their fee schedule, education, and reviews from other clients. Some lawyers also offer free consultations, allowing you to speak with several lawyers and decide who is the best fit for your needs.
