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Breach of Contract Lawyers in Colorado

Businesses regularly enter into agreements and contracts with other parties. And, unfortunately, for a variety of reasons, disputes over those agreements often arise. Such disputes can lead to monetary losses and reputational damage if not handled swiftly.

The team at Fortis Law Partners has decades of experience handling claims for breach of contract both before, during, and after litigation or arbitration. Our lawyers have successfully prosecuted and defended countless clients facing disputes over alleged contractual breaches. They frequently deal with contractual disputes involving intellectual property, profit distribution, trade secrets matters, employment agreements, asset acquisition, or simply failure to pay for services or products received, etc.

EXPERIENCE

Fortis attorneys are experts in Colorado contract laws, and we keep ourselves updated as laws and best practices change. Our lawyers can work to resolve the following:

  • Operating Agreement Disputes
  • M&A Disputes
  • Financial Services Litigation
  • Construction Contract Disputes
  • Business Lease Disputes
  • Employee Contractual Disputes
  • Independent Contractor Disputes
  • Insurance Contract Disputes
  • Creditor And Debtor Disputes
  • And many more

Contract Laws in Colorado

Contract law in Colorado is intended to ensure that parties can rely on agreements made between them. Each contract must contain an offer from one party, an acceptance from the other, and some form of consideration or payment of value by both involved for entering into the agreement.

Contracts are also subject to a statute of limitations, which is designed to provide protection for individuals by preventing unfair legal actions from being brought against them. Those limitations differ from state to state. The statute of limitations begins to run when a party knows or should know that a contract has been breached and it has been damaged. Most breach of contract claims have a three year statute of limitations in Colorado, although some can be six years, from the date the parties knows or should know about the breach.  After the time period set out in the statute expires, neither party will be able to enforce their rights for a breach.

Common Types of Contract Disputes We Handle

Contract disputes can arise in a variety of ways. Common disputes include breach of contract, misrepresentation, duress, and misunderstanding or misinterpretation of the agreement. Contract attorneys at Fortis Law Partners handle all types of contractual disputes.

Breach of contract

A breach of contract occurs when one party (breaching party) does not fulfill its contractual obligations under a contractual agreement. Examples of this include failing to pay for goods or services, delivering late on promises, or breaking the terms of the agreement in some other way.

Misrepresentation

Misrepresentation occurs when one party misleads or provides false information to another party during negotiations. Examples of misrepresentation include hiding material facts, overstating capabilities, or providing incorrect financial statements.

Duress

Duress is when one party uses force, threat, or coercion to get another person to enter into an agreement against their will. Examples of duress include physical violence, economic pressure such as a lien, or threats of criminal prosecution.

Types of Contracts Considered For Legal Actions

Most contract disputes revolve around written formal contracts, but there are forms of contractual agreement other than standard “written” contracts, which might also be considered in court for legal remedies.

Written Contract:

Breach of contract or contract lawsuits often involve formal “written” contracts where a contract contains an offer from one party, an acceptance from the other, and some form of consideration or payment of value by both involved for entering into the agreement. The provisions, obligations, and rights of all the parties involved are penned in the contract. The parties entering the contract sign the written contract and then keep copies of the contract as good practice.

Breach of Contract Litigation for Written Contracts

Electronic Contractual Agreements:

Courts can choose to treat emails and text messages exchanged between parties as signed paper contracts under the Colorado Uniform Electronic Transactions Act. If the messages and emails check out all the key contract requirements, the court can treat them as a contract. Our breach of contract lawyers understand the subtlety of a contract forged by emails and text messages and can make a substantial breach of contract claim based on such a contract.

Oral Contractual Agreements:

Oral and unwritten contracts also can be enforceable contracts.  Although these contracts can be trickier to litigate, a good lawyer can still make necessary efforts to close the case in your favor, even if your claim is based on an oral contract.

Purchase Orders:

The contract attorneys can make a case for you under the Uniform Commercial Code(UCC). The UCC gives power to the court to enforce shipping purchase orders as a valid contract, even if there was no actual contract in place.

Off-Contract Claims for Breach:

Last but not least, you can claim damages even without a legally binding contract if you provided services or goods but were not paid in return. Such claims rely on quantum meruit, unjust enrichment, promissory estoppel, etc.

Resolving Contract Disputes in Colorado:

Contract disputes can be resolved in various ways. The parties involved in the dispute can choose from various methods, including mediation, arbitration, and litigation. Each legal remedy has its own advantages and disadvantages, so it is important to consider which method is best for the particular dispute at hand.

Litigation involves the process of a dispute being settled in court, although most cases are settled prior to trial. The parties involved submit their evidence to a judge, or jury, who decides the dispute. Some contracts required arbitration, which is similar to litigation, but in a private setting. Additionally, sometimes contracts require mediation before arbitration or litigation can be filed. Mediation is a settlement process where a third party–often a retired judge–tries to help the pirates reach a settlement and avoid or resolve litigation.

Conclusion:

Contract disputes or breaches of contracts can be challenging to resolve without legal help. Mediation, litigation and arbitration are three common methods of dispute resolution. However, each has its advantages and disadvantages. Parties should always seek legal advice before beginning the process, as navigating contract claims without a lawyer can be time-consuming and expensive. For more information on contract disputes in Colorado, interested parties should consult a attorney.

FAQs

Contract disputes can arise when one or both parties to an agreement fail to fulfill their obligations in accordance with the contract. Contract lawsuits are common, and understanding Colorado’s contract dispute laws is vital for businesses, individuals, and other entities.

A contract dispute can be resolved in various ways. The parties involved in the dispute can choose from a variety of methods, including mediation, arbitration, and litigation.

Always seek legal advice from contract lawyers before beginning the process, as navigating contract claims without a lawyer can be time-consuming and expensive and may result in unfavorable results.

A breach of contract occurs when one party (breaching party) does not fulfill its contractual obligations under a contractual agreement.

Disclaimer:

The information provided on this page is for general informational purposes only and may not be up to date. It is not intended to be taken as legal advice or to create an attorney-client relationship. The content may contain errors or omissions, and we make no guarantees regarding its accuracy or completeness.

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