Denver, Colorado Breach of Contract Lawyers
Contract law affects more areas of business than one might imagine. Of course, contracts between multi-national corporations, large companies, real estate transactions, business law, and employment agreements are common when one thinks of a breach of contract that may lead to litigation in Denver. Contract law in Denver encompasses even more than that in the normal course of business. When one party to a contract does not hold up their end of an agreement, seasoned attorneys at Semler & Associate, a Breach of Contract Law Firm in Denver can assist.
Contract law firm in Denver Colorado.
A contract is a promise between two, or more parties outlining certain arrangements for each party to complete, or refrain from, and is considered a legally binding agreement. Contracts have three components: the offer, the acceptance, and the consideration which is the value of the contract. Contracts require the essential terms of the agreement to be stated in the offer, such as a price, designated amount of time for performance completion, and any other essential conditions focused on the type of transaction involved, such as business, employment, real estate, etc. Colorado requires certain contracts to be in writing under Colorado Revised Statutes, Section 38-10-112, or they are considered void agreements, stating that:
- Every agreement that by the terms is not to be performed within one year after the making thereof,
- Every special promise to answer for the debt, default, or miscarriage of another person,
- Every agreement, promise, or undertaking made upon consideration of marriage (prenuptial and post-nuptial agreements), except mutual promises to marry.
The Colorado statute of frauds also supports voided contracts for leases longer than one year, or transfers of real estate, unless the agreements are written. The burden of proving that written contracts exist occurs when a statute of frauds defense is raised by a defendant in a breach of contract case. Parties to a contract should talk to breach of contract lawyers in Denver to ascertain if they have a case for action to settle the breach of an existing contract in accordance with Colorado laws.
- Oral contracts. Oral contracts can be enforced, despite the statute of frauds in cases where part performance is substantial. A contract does not have to be in writing.
- Express contracts. An express contract is a promise by which terms are agreed upon by parties who agree to be bound by it through an oral, or written agreement, or combination of both at the time the promise is made.
- Implied contracts. An implied contract exists even when the terms of the agreement are not clearly stated because parties to the contract assumed a contract existed – implied-in-fact contract, or unjust enrichment to one of the parties would result if the contract’s existence was denied – implied-in-law contract.
Contract Breach Law Firm In Denver Colorado.
Consultation with skilled and experienced breach of contract attorneys in Dener is important for individuals to achieve their desired outcome when the terms of a contract are not fulfilled. If you need to resolve a dispute involving a contract, the Semler & Associates law practice will work to achieve the desired outcome. Common examples of breaches of contract in Colorado courts may include real estate transactions, employment contracts, violations of non-compete clauses in employment contracts, and/or the fraudulent transfer of funds, or assets in business.
Parties to a contract can take legal action and sue a defendant for breach if:
- The defendant entered into a contract with the plaintiff to provide services, or goods as outlined in the contract,
- The defendant failed in their performance to provide the services, or goods as outlined in the contract, and/or failed to justify why they could not perform the outlined terms of the contract,
- The plaintiff performed, or complied with their agreed upon portion of the contract, but the defendant did not,
- The plaintiff experienced losses because of the lack of performance, or breach of the contract by the defendant.
Recoverable damages.
Plaintiffs who succeed in a breach of contract claim in a Colorado court can pursue damages for monetary amounts that would make them whole again. It is important to understand that a plaintiff can only recover economic damages based on the specific terms of the contract in Colorado’s “economic loss” rule.
Value of Denver Breach of Contract Attorneys.
The legalities involved in the enforcement of contracts are based on the specific language outlined in the legal document, and any ability for parties to waive certain restrictions that may alter the performance and deliverables required to complete the contract. Hiring a Denver breach of contract attorney to look at all of the pertinent documents is necessary before deciding on a court action in a Denver breach of contract case.
Semler & Associates P.C.
1756 Gilpin Street
Denver, CO 80218
Phone: 303.839.1680
Fax: 303.839.1642
Sources:
https://www.sos.state.co.us/pubs/business/businessHome.html
https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Committees/Civil_Jury_Instructions_Committee/Chapter%2030.pdf
