Contract Disputes and Property Disputes in Nevada

When two or more parties agree to do or not to do something, these parties enter a legally binding contract in Nevada. The obligations under the contract are enforceable by mutual understanding—until a dispute arises. Then, the parties go to court, where the Nevada judiciary will adjudicate the case under state laws. Court officials will maintain records created or submitted throughout the proceeding in a publicly available docket or online repository.

Records that are considered public may be accessible from some third-party websites. These websites often make searching for records simpler, as geographic locations do not limit their activities. Thus, the search engines on third-party sites may help when starting a search for specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or persons involved in the case. These include information such as the city, county, or state of residence or accusation.

Third-party sites are independent of government sources and are not government-sponsored. Consequently, record availability on third-party sites may vary.

What are Contract Disputes in Nevada?

Contract disputes are disagreements that arise when one or both parties involved in a contract fail to meet predetermined contractual obligations. Upon failing to resolve the case, these disputes are then formally adjudicated in court.

What are the Most Common Contract Disputes in Nevada?

Contract disputes involve public and private entities in Nevada. Some common contract disputes involve

• Employment contract dispute: Employment contracts details an employee’s obligations, rights, and compensation while in the services of a company or business. The common disputes that arise from employment contracts involve workplace discrimination claims, wrongful termination, and the right to intellectual property.
• Insurance contract disputes: Generally, insurance contract disputes arise between insurer and client when the contract contains vague language on coverage, policy term, and cost.
• Marital contract dispute: Nevada recognizes marriage as a civil contract between a man and a woman. Marital contracts such as prenuptial agreements, post-nuptial agreements, and divorce settlements are also subject to disputes. These disputes typically arise when the terms of the contract are unfair or when parties fail to fulfill contractual obligations.
• Real estate contract dispute: A real estate contract binds the seller and the buyer, or the proprietor and the lease. Typically, the disputes that arise in real estate involve disputes on the right to landed property, tenancy rights, easement, and liens.
• Construction contract dispute: This kind of contract dispute arises when a contractor and the property owner disagree on the scope of work, risks, duties, and legal rights of either party.  

What is Nevada Contract Law?

Nevada Contract Law is not codified in one specific statute. Instead, the state’s contract law is spread throughout common law, the administrative code, and various statutes, including the Uniform Commercial Code. These laws, codes, and statute outline specific contractual obligations as well as the remedies for a breach of contract.

What is a Breach of Contract in Nevada?

A breach of contract is a civil wrong where one or both parties go contrary to the terms of a contract binding them to perform some obligations or not.

What are the Remedies for a Breach of Contract in Nevada?

A breach of contract claim is a civil case and follows the Nevada Rule of Civil Procedure. Generally, before a party files a breach of contract claim in court, the plaintiff must have notified the defendant of the breach. Furthermore, both parties must have attempted to resolve the dispute via mediation or arbitration before going to court.

Once the case proceeds to court, however, the court typically performs a bench trial. Here, both parties present their arguments or via through attorneys if represented. The breach filing must include proof of contract as well as an estimation of the loss suffered.

The presiding judge will examine the complaint as well as evidentiary documents and testimony to determine the remedy for the breach. The remedies for a breach of contract under Nevada Laws include:

• Damages: The court awards damages to the aggrieved party to cover the losses incurred due to the breach. The award of damages is monetary compensation for losses incurred due to the breach. Damages for a breach of contract are not punitive (Nev. Rev. Stat. § 42).  
• Rescission: A rescission is an equitable remedy that restores the parties to their status before the contract. Here, the parties must restore profits and benefits gotten from the execution of the contract thus far.
• Specific Performance: Here, the court orders the defendant to fulfill contractual obligations. This remedy is often the last resort: the court orders specific performance when no other remedy would suffice.

Note that the Nevada statute of limitation on claiming a breach of contract is four years for verbal contracts and six years for written contracts (Nev. Rev. Stat. § 11.190).. The injured party must file a claim within this period. Furthermore, the burden of proof is on the plaintiff to establish a breach of contract. On the other hand, the defendant must prove that there was no breach per the terms of the contract or state laws.

What Defenses Can Be Used Against a Breach of Contract Claim in Nevada?

The following legal arguments nullify a claim of breach of contract in Nevada:

• Duress
• Frustration of purpose
• Mistake of fact
• Estoppel
• Indefinite period
• Fraud
• Abandonment of contract
• Negligence
• Unconscionability
• Incapacity to contract
• Illegality

What are Property Disputes in Nevada?

Property disputes in Nevada generally involve real estate. However, disputes may also arise from contesting the right to material or immaterial properties or the use of a property (Title 10 of Nev. Rev. Statutes).

What Are Some Common Types of Property Disputes in Nevada?

Some of the commonly reported property disputes in Nevada involve:

• Real estate disputes
• Fraudulent transfers
• Landlord-tenant dispute
• Intellectual property dispute
• Easement dispute
• Boundary dispute
• Zoning disputes

How to Find Property Lines

Property lines or boundary lines are clearly defined points that show exactly where a parcel of land meets adjoining lands. Municipalities and independent property owners use real estate surveys to identify and record these boundaries. All survey reports and property records in Nevada are available at the office of the county surveyor and the county assessor respectively.  

How do I Find a Property Dispute Lawyer Near me?

The State Bar of Nevada provides Lawyer Referral and Information Service. Interested persons may visit www.nvbar.org or call (800) 789–5747 to use the service.