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Legal Remedies Available in a Breach of Contract Lawsuit

Plaintiffs can pursue expectation, restitutionary, general, special, and reliance damages when signatories to a contract fail to fulfill their contractual obligations. In Nevada, a plaintiff must establish that the defendant breached the contract and that the breach caused the plaintiff harm. Depending on the types of damages, the court may use the market value measure or cost expectancy measure to determine the final damage award. 

Breach of Contract in Nevada

In Nevada, there are four (4) essential elements required to establish a breach of contract claim. The essential elements of a claim for breach of contract are:

     1. The existence of an enforceable agreement between the parties;
     2. Plaintiff’s performance (or ability to perform);
     3. Defendant’s unjustified or unexcused failure to perform; and
     4. Damages resulting from the unjustified or unexcused failure to perform.

Damage Awards in Nevada

Plaintiffs in Nevada breach of contract claims can pursue the following types of damages from the defendant(s):

  • Expectation Damages – The court can award the plaintiff the financial difference between the value of the benefits received and the reasonable expected value had the defendant fulfilled their obligations.
  • Restitutionary Damages – Restitutionary damages seek to restore to the plaintiff the value of goods or services provided to the defendant. These are calculated at fair market value of any goods or services delivered. The purpose of restitutionary damages is to restore the injured party to the same position they were in prior to the contract, i.e. to make the injured party whole.
  • General Damages – General damages are the present value of the service/product promised to the plaintiff. This can include loss of profit, loss of property value, etc. These damages are awarded when the defendant’s breach caused a direct loss for the plaintiff.
  • Special/Consequential Damages – These damages are not determined based on the value of the contract, but rather the benefits completion of the contract would have produced. 
  • Reliance Damages – Reliance damages are intended to reimburse the plaintiff monetary and other expenses they incurred in preparation to perform the contract. These include any expenses for the purchase of goods or services in the expectation that these goods and services would be used to satisfy the terms of the contract.
What Our Clients Say

My family and I are thankful to Maddox, Segerblom and Canepa for their assistance during a three year case regarding construction defects to our home. We are truly appreciative of their knowledge, determination and assistance during this process. They were always courteous, and available to answer any and all of our concerns and questions. Thank you for the wonderful resolution. Many thanks to you and your staff.

Frances Castelli

We used Maddox, Segerblom & Canepa to represent us in a legal suit re problems in construction on new properties that we purchased from a developer.

We were very pleased with the representation provided by this law firm. They were fully communicative, responsive to our questions and were very knowledgeable about the issues that required resolution. Even after we reached a resolution, they have been responsive in making sure to point us in the right direction for help with repairs that are required.

We would recommend them to others with similar issues that require legal help.

Atam & Margo Lalchandani

Maddox, Segerblom & Canepa did a FANTASTIC job in our construction defects case. I interacted with several people from their office throughout our 2 year litigation. Their staff is friendly, knowledgeable and always prompt about getting back to you when you have questions/comments/concerns. I especially enjoyed working with Darcy, Ardea, Eva, and Sandra. Being part of a lawsuit is no fun for anyone, but if you have to be a part of one, I can’t say enough positive things about this firm!

Victoria Fox

The law firm of Maddox, Segerblom, and Canepa were amazing to work with. They were thorough and always available for any questions we had. We worked a lot with Sandy who was always professional, friendly, always on time for appointments and just a great person to represent this firm. We have never been involved in a law suit before and they made it comfortable for us. We appreciate the hard work the lawyers and people who work for the firm did and would recommend them.

Becky Loudenburg
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