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17 04, 2017

Starting a New Business? Why You Need a Las Vegas Business Lawyer

By |April 17th, 2017|Categories: blog, Business Formation, Business Lawyer|Tags: |0 Comments

4 Reasons You’ll Need a Business Lawyer Business lawyers and legal advice are not just a good idea, they are essential components of any business plan for the legalities and laws concerning your industry. With so many legal matters, lawyers can potentially save a company time, money, and resources while providing the extra boost of confidence every business owner needs. Not considering a business lawyer may turn into a costly mistake and an error which could have easily been avoided with a bit of research. They increase the value of the business and help protect their clients from legal implications so they can operate a fruitful and flourishing organization. Following State and Federal Compliance procedures are also an important aspect a business owner may overlook due to the vast majority of laws. A business lawyer will help ensure no law is overlooked and all business is conducted up to State and Federal standards. Responsibilities of a Business Lawyer Helps handle various business transactions legally and ethically Assists with liability claims Advises the client concerning the prosecution or defense of lawsuits Educates the client on their legal rights and obligations Analyzes possible outcomes for potential cases Evaluates any findings and develops accurate and pointed legal strategies Benefits of a Business Lawyer Here are four reasons why a business lawyer and legal advice are essential to protect you, your clients, and your employees. Help Determine the Business Structure Every firm or business starts from the ground up and there are often questions concerning the structure of the business. A business can choose to be a sole proprietorship, partnership, limited liability company, corporation, or nonprofit. An experienced lawyer can help navigate the business owner through all these options [...]

7 04, 2017

Contract Dispute? 4 Ways to Prove Breach of Contract In Court

By |April 7th, 2017|Categories: blog|Tags: |2 Comments

Disputes regarding business contracts can be extremely stressful and complicated if you aren't consulting with a professional business lawyer. That's why it's essential that you take advantage of business contract law services throughout the entire process of any contracting agreement. In order to succeed in a breach of contract claim, for instance, you, with the assistance of your business lawyer, will have to prove the existence of four things: an enforceable contract, your performance of the contract, the defendant's breach of the contract, and the actual damages of that breach. Existence of an Enforceable Contract For a business contract to be valid, four additional things will have to be proved: Offer -- This can be an intention to enter a contract pertaining to both (or more) parties. Keep in mind, however, that not all discussions involving future business deals will constitute as offers. Consideration -- This means that each party has agreed to give and receive something of value. A unilateral promise is usually not considered an enforceable contract, and neither are deals based on past services. Acceptance -- This is when the parties involved have clearly agreed to all of the contract's essential terms. It is often difficult to prove acceptance in oral contracts, which is why written agreements are generally preferred. Mutuality -- This means that all parties involved understood and agreed to the basic terms and substance of the contract after an initial meeting or discussion. Your Performance of the Contract You must prove that you held up your end of the deal. In order to prove breach of contract, it's essential that you accomplished each detail and each responsibility that you were accountable for and that you were obligated to perform. [...]

7 02, 2017

3 Major Blunders in Business Contracts (And How to Avoid Them)

By |February 7th, 2017|Categories: blog|Tags: |0 Comments

[column width="1/1" last="true" title="" title_type="single" animation="none" implicit="true"] Business contracts are one of the primary issues you will need to address when entering a business project, agreement, or partnership. Although it may seem like a mere formality, the best business owners don't take this matter lightly. No detail is too small when it comes to ensuring the contract will protect your business legally. Discovering there's a major flaw in the contract after signing it can result in you losing precious time, money, and even reputation. This is surely not something you want. So, what can you do to avoid it? To help you answer this question, we've included three common mistakes you should steer clear of in this article. So, keep on reading. 1. Overlooking the Importance of a Written Legal Contract Your business is worth more than a handshake and a verbal agreement. In today's economy, shaking hands on a deal and exchanging promises is not merely enough to protect your business interests. It's necessary to have a written agreement as well. More precisely, you need a mutually agreed upon legal contract based on clear terms and conditions. This way, you can save both time and money and spare yourself a lot of frustration in case the agreement doesn't go as planned. 2. Relying on Ready-Made Business Contracts Why should you hire a professional lawyer when you have the low-cost possibility to use an online legal form? Using a pre-made form you've downloaded off the Internet is not the best decision for a few different reasons. For example: There is a high chance the online form will not include all important details, such as a termination clause or an assignation clause. And if you have little or no knowledge in the field, chances [...]

2 02, 2017

6 Types of Construction Claims to Get Acquainted With

By |February 2nd, 2017|Categories: blog|Tags: |0 Comments

[column width="1/1" last="true" title="" title_type="single" animation="none" implicit="true"] If you work in the construction industry - whether you are a property owner, a general contractor, a subcontractor, or a supplier - you know construction claims are very complicated. In fact, these disputes can affect everyone working on a construction project. Likewise, they typically involve multiple parties. Knowing what kind of legal disputes can arise within this industry is paramount as it will help you better understand your legal rights and responsibilities. This way, you'll be better equipped to defend a claim filed against you. Also, you'll know when you have a right to solicit a legal action being taken against someone else. So, let's get straight to it and discuss six different types of claims which can arise within the construction industry. 6 Types of Las Vegas Construction Claims Which Concern You 1. Bond Claims  Surety bonds are required by some project owners to help ensure all parties involved on a construction project or who have contracts to supply materials will live up to their ends of the agreement. In fact, there are several types of bonds routinely required on construction projects and each type of bond protects a certain group of people. Once the bond is in place, if the terms and conditions of the contract are violated, a claim aimed at the party who breached the contract can be pursued. 2. Construction Defect Claims From significant cracks in the foundation of your property to corroded plumbing, anything can make the object of a claim.  If proven responsible, the builder/developer can be held accountable for defective conditions encompassed in the claim. 3. Mechanic’s Lien Claims Property owners can be held responsible for not paying their general contractors or for their general contractor’s non-payment to its subcontractor. If [...]

17 01, 2017

Why You Should Hire a Lawyer for Drafting Business Contracts

By |January 17th, 2017|Categories: blog|Tags: , |0 Comments

Getting closer to a transaction makes everyone wonder about business contracts and all the terms they should include. Whether it's a lease, buying products, entering into a service contract, selling a house, or a company, there is one question we usually have on our minds. Do I need a Lawyer to Draft the Contract? And the answer is usually YES. That's why you should talk with an attorney as soon as possible. Request a consultation today, and we can outline a contract to suit your needs. Now let's get into the details of why it's important to hire a lawyer when dealing with these important documents. The Importance of Business Contracts Within any transaction, the most important document is the contract. Some transactions might seem simpler than others. Here are transactions you should always hire a lawyer to prepare the business contracts for: Working with a Freelancer Maintenance and Clean-up Services Leasing or Selling a Property Purchasing or selling products Entering into service contracts In these situations, the contract is vital to make sure everything works smoothly. If a lawyer drafts the agreement, they will make sure your interests are protected, you will avoid loopholes, and your business will be protected by the law. Protecting Your Interests When a lawyer drafts your business contracts, he will take into consideration your interests. Including sections which protect your Company's Intellectual Property. You can find more of them in this article. A lawyer can also help you specify the terms clearly so there is no discussion when receiving the product or services. Having a clear list of criteria for evaluating the quality of end product specified in the contract will make sure you receive exactly what you want out of the transaction. Avoiding Loopholes If [...]

9 01, 2017

Employment Law: Why Every Company Needs a Sexual Harassment Prevention Policy

By |January 9th, 2017|Categories: blog|0 Comments

As much as employers would like their staff to be perfect, people are unpredictable and as a result, they may cause problems for a company without even intending to do so. That's why company owners should be familiar with employment law and its sometimes sensible topics like sexual harassment. As they say, an ounce of prevention is worth a pound of cure. This also applies to a healthy company culture which supports employees to be their best. Is this something you want at your company? Then read on. Sexual Harassment Prevention within Employment Law With any two-party agreement, there are terms concerning both employers and employees. On the one hand, the employer has to: Clarify that sexual harassment is an act of sexual discrimination against gender identity as stated by the Nevada Fair Employment Practices Act.  Provide a non-discriminatory work environment and take the right preventive steps against harassment. If not, they could be liable for any harassment cases occurring within the company. Issue anti-harassment policies to let employees know what falls into the harassment acts category. These policies also serve with outlining the right procedures to follow when an act of harassment happens. Review policies periodically. Provide workshops and training for the staff. Act promptly in case of sexual harassment. The employee commits to: Check their behavior is in line with the company's view on sexual harassment. Strive to be aware of any acts which are not compliant with the above policies. Report and discourage any notable or subtle manifestation of harassment. Anti-Harassment Policy Advantages As stated in the introductory paragraphs, a successful company culture relies on creating a work environment which is: collegial collaborative non-discriminatory non-violent If you, as the company owner, make it clear inappropriate behavior is not tolerated [...]

6 12, 2016

4 Issues a Mechanic Liens Attorney Helps You Avoid

By |December 6th, 2016|Categories: blog, Аttorneys|Tags: |0 Comments

Liens are statutory rights to secure payment for work done on personal and real property. Now, this kind of security interest is automatically available to certain individuals who perform the statutory mandated requirements as they provide labor and/or materials as the result of a contract to do work on either real or personal property, if those individuals are: construction or material suppliers licensed contractors licensed subcontractors licensed design professionals It is generally called a mechanic's lien, or in Nevada a "Notice of Lien," and it requires a detailed process in order to secure mechanic's lien rights or prohibit them from causing problems to the owner of the property. A good Mechanic's Lien or Notice of Lien attorney can help you protect yourself, whether you are the owner, contractor, subcontractor, material supplier or design professional. Improving a property requires quality workers and suppliers who must be paid no matter what happens between the property owner and contractor. Basically, a mechanic's lien is a form of statutory payment warranty set up to benefit those who make improvements to property.  But whatever you do, all parties to a construction project have a vested interest to insure their own interests are considered in dealing with payments and mechanic's lien claims. Let's go through four of the issues you might encounter with this particular kind of construction claim as a property owner. 1. Paying Twice for a Project For a mechanic lien's attorney, it is a priority to make sure there are proper procedures in place throughout the entire construction process, which include a convenient and well documented payment schedule for all parties involved. After signing the contract, both owners and contractors must keep track of the conditional and final lien [...]

30 11, 2016

4 Reasons Why Hiring a Business Lawyer Is Crucial to Your Business Success

By |November 30th, 2016|Categories: blog, Business Law|Tags: |0 Comments

[column width="1/1" last="true" title="" title_type="single" animation="none" implicit="true"] As a business owner, how high is hiring a business lawyer on your priority list? Chances are it should be higher. Having the right legal information readily available is crucial to your business success and growth, whether you're just starting up a business, or have been in the game for a while. Here are a few aspects a legal professional can help you with: What information to include in contracts to limit liability How to back up your position when a dispute arises How to approach crucial transactions and decisions Your responsibilities to keep your commercial entity separate from your personal assets Of course, you can try to do it alone or get advice from other sources. However, you risk making decisions based on possibly inaccurate information. That being said, your own personal legal advisor could be your best investment. Here are four reasons why: 1. Avoid Early-Business Missteps Getting started in the entrepreneurial world can be a thorny affair - especially in the legal department. This is why the wisest strategy would be to invest in legal business formation. You'll need to figure out which type of business entity you want to create first. It's important to have someone who can ask the right questions at the right moment and advise you on the best course of action. Business attorneys are best equipped for the job. Taking your particular circumstances and business goals into account, they can offer valuable information to make sure your business ventures off on the right foot. Forms, taxes, and licenses all come into play when dealing with clients and suppliers. The last thing you want is faulty operations that result in unexpected costs [...]

30 04, 2016

Top 10 Things Business Owners Need to Know About Entering Into Business Contracts

By |April 30th, 2016|Categories: blog, Business Formation, Business Law|Tags: , |Comments Off on Top 10 Things Business Owners Need to Know About Entering Into Business Contracts

[column width="1/1" last="true" title="" title_type="single" animation="none" implicit="true"] Litigation may be the only recourse for some business owners, as it often results when someone enters into a contract without fully examining what they are signing. At Tony M. May P.C., we see all types of businesses dealing with a variety of issues stemming from poorly written contracts, to those that signed contracts without actually understanding what they agreed to. If you are in the process of entering into a business contract, here are the top ten things you need to know beforehand to help protect you and your assets: All business contracts should be in writing. Oral agreements can be binding, but they are difficult to enforce in court. A written agreement is less risky and it clearly defines each party’s rights and obligations. Define each party’s rights and obligations. Defining the rights and obligations of both parties eliminates confusion, and makes it easier to plead your case in court as it has been clearly defined in the contract. Use clear language. Use clear language and terminology that you understand, so that you will be able to clearly determine your rights and obligations under the contract. Create short, clear sentences, with numbered paragraph headings to show a reader what is in the contract. Identify each party correctly. The contract should identify the accurate legal names of the parties involved. This is so they can determine their obligations to be performed under the contract, which includes using the full legal names of the corporations and/or LLCs that are parties to the contract. Include clear definitions of rights and obligations. The contract document must include all of the rights and obligations for each party member in the contract. [...]

29 03, 2016

Tony M. May, P.C. Overturns Construction Client’s Default Judgment

By |March 29th, 2016|Categories: blog, Construction Law|Tags: , |Comments Off on Tony M. May, P.C. Overturns Construction Client’s Default Judgment

[column width="1/1" last="true" title="" title_type="single" animation="none" implicit="true"] Recently our law firm was featured in “The Associated General Contractors of Las Vegas.” We regularly handle a variety of construction law cases, and have represented every type of party in the construction industry. If you have a legal issue related to construction law, contact our Las Vegas law firm. Click here for a full downloadable version of our recent AGC article. Tony M. May, Esq. conducts several seminars a year for AGC Las Vegas, educating members on a variety of legal topics. His firm, the Law Office of Tony M. May, P.C., specializes in construction law. “I was a civil engineer for several years before I went to law school, so I have a good understanding of the construction process,” said May. “We’ve represented every type of party in the construction arena: owners, general contractors, subcontractors, suppliers, and engineers, and we range from any kind of construction dispute, contract review, and contract negotiations to labor and employment.” May’s firm recently had a big victory in overturning a $350,000 for a client. The ongoing case is the Board of Trustees of the Plumbers and Pipefitters Union Local 525 Health and Welfare Trust and Plan et al v. Security Plumbing & Air Conditioning. The trust (plaintiff) filed a complaint stating Security Plumbing (defendant and May’s client) wasn’t producing documents for an audit. They asked the court for an order compelling the client to produce the documents, there was a misunderstanding, and the client never filed an answer. The trust then filed for a default judgment, but instead of an order for the client to produce the documents, they got a monetary judgment of $350,000. That’s when May got involved [...]