Las Vegas Real Estate Law
Handling Commercial, Residential and Industrial Real Estate Cases
Real Estate and Construction law governs residential and commercial property transactions in the development process for both private and public owners from acquisition to completion. McCullough & Associates, Ltd. handles commercial, residential and industrial real estate cases involving developers, contractors, architects, construction managers, subcontractors, and material suppliers. Our experience includes bid protests, construction, mechanic’s liens, licensing, defect claims, contracts and contractor disputes. Specifically the following:
- Bid contests
- Breach of contract
- Contractor disputes
- Contractors Board hearings
- Construction defect litigation
- Delay claims
- Land use and zoning
- Mechanic’s liens
- Mold litigation
- Money owing complaint
- Prevailing Wage Claims
- Public works
- Discipline Complaints
Arbitration can be either voluntary or mandatory. In voluntary, it can be held pursuant to whatever procedures and rules that the contracting parties have agreed to, and can be held pursuant to a particular company’s format such as the American Arbitration Association, JAMS, or Advanced Resolution Management. In addition to private arbitration, in the State of Nevada in Clark County and Washoe County there is a mandatory non-binding arbitration process for all cases that are in dispute for amounts less than $50,000.00. Either in private or court mandated arbitrations, the case is normally handled by one but could be handled by more than one arbitrator who will issue an award and decision. At McCullough & Associates, Ltd. we not only have attorneys who are experienced in both the private and the court mandated arbitration process, but also have attorneys who act as arbitrators in both voluntary and mandatory arbitrations.
BREACH OF CONTRACT
Construction contracts function much like any other contract. If one party fails to perform any part of a written or oral contract without a legitimate legal excuse, they have committed a “breach” of the contract. Breach of contract includes non-performance, late performance, and failure to perform according to the contract terms, incomplete or late payment.
A contract is when you have two parties who have made an offer and there has been acceptance of that offer and there has been some consideration exchanged between the parties and there has been mutual assent as to the terms and conditions of the offer. Once you have a contract you need to understand what the terms are and whether your contract is actually enforceable. If a dispute arises, please consult one of our business law attorneys before agreeing to any contract.
During business contract negotiations the parties should avoid entering into a binding agreement until all the elements are clear and agreed upon. Complex negotiations may involve the exchange of letters of intent, which usually attempts to avoid binding agreements. However, some non-binding agreements can in fact be evidence of a contract. Disputes can arise if the parties do not take into account all key factors during their negotiations. At McCullough & Associates, Ltd. we will provide counsel to help protect your interests and assure an equitable contract is agreed upon and enforceable.
Construction defects may be either patent (immediately obvious) or latent (only apparent years later) and fall into four categories:
- Design – related to the architectural basic engineering design of the structure;
- Material – use of substandard building materials;
- Construction – inferior craft on behalf of laborers; and
- Subsurface – issues resulting from soil conditions
Our construction attorneys understand the intricacies of construction defects and will represent you if you have been accused of negligence in a lawsuit as a result of your role in the construction industry, or if you happen to be an owner or developer of a project that has experienced a defect, and would like to pursue such under Chapter 40 of the Nevada Revised Statutes. The defect, whether subsurface, design, material or construction based, may have been the fault of a number of parties. You deserve to have your legal rights and professional reputation protected.
Once a debtor stops making payments on a mortgage or deed of trust on real property, the lender may recover the amount owed, including interest through the foreclosure process. When payment has become past due for a certain length of time, the lender must serve a notice of default on the debtor. The notice sets a deadline and payment amount necessary for the borrower to prevent foreclosure. If payment is not made on time, lender sets a date to sell the foreclosed property at public auction. Under certain limited circumstances, the lender may also pursue a deficiency judgment against the borrower, if the foreclosure proceeds are insufficient to satisfy the debt.
LAND USE AND ZONING
Land use refers to what is built and where in the community. Such decisions are made in incorporated areas by the city and the county in unincorporated areas. City and county land use agencies have long-term master plans and permitted uses to guide the building decisions made by the agency staff and planning commissions, city councils or other agencies may also have input in land use decisions. Our firm has experience working with the various municipalities for both the City of Las Vegas, the County of Clark, the City of Henderson, the City of North Las Vegas and the City of Boulder City.
Leases carry much the same risk as a secured loan. Before entering into any significant lease agreement, consult one of the attorneys at McCullough & Associates, Ltd. to review the lease or draft a copy of the terms as if it were a loan. If you do have any issue with a lease either as a tenant or landlord we certainly can assist with any eviction issue.
At McCullough & Associates, Ltd., we can address a variety of different lease issues such as evictions, enforcing the terms of the lease, have repairs made, have negotiations with respect to early termination, extension of leases, subleasing, and recovering deposits. There are other legal issues that can arise involving leases such as taxes and zoning that can lead to disputes of commercial leases. Please consult the attorneys in our office regarding early termination of a lease or for help in regards to any type of disputes with respect to such.
When a business delivers materials, or performs work which improves property in Nevada, under NRS Chapter 108, the business may record a mechanic’s lien against the property if they have not received payment for their work. There are specific detailed requirements that have to be made by the injured party and they have to be met within a short time frame otherwise, the injured party cannot record a lien against the property, nor have it enforced in a court of law in the state of Nevada. As such, it is extremely important that you contact McCullough & Associates, Ltd. to assist you in preparing the necessary prelien documents that needs to be served upon a variety of different parties, and have the lien recorded in a timely fashion, as well as prepare a complaint to foreclose upon it within the proper time frame. Likewise, McCullough & Associates, Ltd. may assist a property owner by having an improper lien removed from a property if the contractor has failed to follow the necessary statutory requirements.
The discovery of toxic mold can lead to a lawsuit against a landlord, property manager, previous owner, construction company, contractor, supplier or manufacturer of the infected building materials, or if an insurance company fails to uphold the terms of their policy.
Many polices have a “no action” clause, which requires a lawsuit be filed within a year from when the mold was discovered. The statute of limitations requires filing your claim within a short time frame after finding the problem.
If you or a family member has been injured on the job, or while visiting a particular business, and you need help recovering compensation for your medical expenses, please contact one of our attorneys. Our attorneys can advise you of your options and safeguard your rights so you can concentrate on regaining your health.
The two basic kinds of attorneys in the United States are “transactional” (those who write contracts) and “litigators” (those who go to court). At McCullough & Associates, Ltd. we have both transactional and litigators that can help address any issue that is brought to us.