Contract Law Attorneys Denver CO
Complete Contract Law Services in Denver, Colorado
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Understanding your rights in a breach of contract dispute can be confusing and frustrating. Drafting a business contract or non-compete agreement for Colorado may require you to understand the enforceability in Court and how lawyers litigate lawsuits. What are your rights? What are the strengths and weaknesses in your contract? How can you defend a breach of contract lawsuit?
Contract law as it pertains to your business can vary depending upon your type of business. The Uniform Commercial Code (UCC) regulates the sale of goods; Service contracts are generally covered by traditional common law contracting variations.
The Denver, Colorado contracts law firm of Watson & Associates offer decades of experience in commercial and non-commercial contracting. Resolving disputes short of litigation is our primary concern. However, should disputes not be amicably resolved, we are prepared to fight for, and defend your rights in court litigation.
Basic Concerns for Your Contract
Whether you enter into a personal contract or business agreement, you should think about your concerns if something goes wrong. This is the reason why contract law exists. For business operations, the other side may send you a contract for services and request you to sign and send back. Before you execute the agreement, consider the following;
- What rights do you have when a breach of contract occurs?
- What state law applies in the event of a contract dispute?
- Who, if anyone gets attorney fees in the event of litigation or breach?
- What are the critical (material) parts of the contract?
If none of these areas favor you, only favors the other side, never sign the contract without having a Colorado contract law attorney to review and provide legal advice.
Your Obligations if Something Goes Wrong
When there is a potential breach of contract from the other party, NEVER use this as an excuse to cease performance. Generally, Colorado contract law requires you to continue to hold up your end of the bargain unless there is a legal excuse/defense. This is common is construction contracts. When the non-breaching party makes the mistake of stopping performance, this drastically minimizes any recovery in litigation.
- Never stop performing because the other side has breached the contract.
- Have you substantially performed your contractual obligations?
- If the other party did in fact breach, what legal defenses can they assert?
Having a Denver, Colorado contracts lawyer to help you analyze these important concerns will minimize risk associated with any type of contract litigation.
Watson & Associates, LLC provides contract law services for individuals and businesses seeking to protect their rights. This can be a breach of contract matter or drafting and reviewing your agreements. Our attorneys handle the various issues that can arise. We draft contracts that including specific clauses for the business industry, damages clauses in anticipation of a breach of contract and review contracts to ensure that they are not one-sided to your disadvantage. We will assess your case for breach of contract; provide you with options such as settlement or sending demands to the other side. Our goal is to only go to litigation as a last resort.
If you are thinking about overhauling your existing business contract, our Denver lawyers can help. Times are changing. Therefore, you want to ensure that your contracts really address your concerns.
- Ensure that your contracts are properly written
- If you are involved in breach of contract litigation – avoid costly mistakes
- Get litigation help in complex contract law disputes from attorneys with more than 20 years of litigation experience
Our Denver contract law attorneys draft and review a wide array of contracts that include:
- Service contracts
- Independent contractor agreements
- Construction contracts
- Buy-sell agreements
- Employment agreements
- UCC contracts
- Commercial leases
- Litigation services
- Government contracts
- Breach of contract litigation
- Contract negotiation
- Contract drafting and review
- UCC contracts
- Partnership agreement
When entering into a contract, you want to ensure that the agreement contains critical clauses. This includes liquidated damages (especially for construction contracts); attorney fee clause, state laws that apply and what constitute a breach of contract. Without these important inclusions, you may find yourself spending thousands to convince a court to award you certain damages.
You also want a reputable contract law attorney to protect you from vulnerability to foreign state laws that you are not familiar with.
Common Defenses to a Breach of Contract Claim
If you are facing a breach of contract lawsuit, having a Colorado contract law defense attorney, can, if he or she is creative, save you thousands, or millions, in damages. The following are some commonly-used defenses.
- Failure to comply with the Statute of Frauds. Under contract law, certain types of agreements MUST be in writing. For example, a contract for the sale of real property MUST be in writing. Certain contracts for the sale of goods must be in writing.
- There is a mistake. If you can show that there was a mutual mistake in the essential terms of the contract, you could possibly defend your case in litigation. Consult with a Denver contracts attorney to further assess the possibilities.
- You lacked capacity to contract. If you lacked capacity (that is, you couldn’t understand what you were doing when you entered into the deal, as discussed in the example above), the contract may be voidable. This defense is most likely to succeed in the case of minors and those with mental incapacities.
- The contract is unconscionable. The contract defense here is used to argue that the agreement is grossly unfair. Again, this is common is construction contracts when a large prime has unbalanced bargaining power (contract of adhesion). The prime then uses the power to force unfair conditions, clauses, or waivers on the subcontractor.
- Estoppel. When a party makes a statement, or engages in conduct, excusing performance of the agreement and the other party relies on that statement, or action, the first party may be prevented from later denying that statement and claiming a breach of contract
- The contract is illegal. A contract is unenforceable if its object or the thing bargained for is illegal.
What are Allowable Damages Under Colorado Contract Law?
Under Colorado contract law, the most sought-after damages for a breach of contract are the remedy damages—payment, in one form or another, made by the breaching party to the non-breaching party. There are many kinds of damages, and generally speaking, damages may be very specific to the kind of breach that has occurred. The following list provides some guidelines on damages.
- Compensatory damages aim to restore the non-breaching party to the position they were in before the breach occurred.
- Punitive damages are payments that the breaching party makes above and beyond the point that would fully compensate the non-breaching party. Punitive damages are meant to punish a wrongful party for particularly wrongful acts. Punitive damages are rarely awarded in the business-contracts setting because courts look at them as contrary to public policy.
- Nominal damages are token damages awarded when a breach occurs, but no actual money loss to the non-breaching party is provable.
- Liquidated damages are specific damages that were previously identified by the parties in the contract itself, in the event that the contract is breached.
- Specific performance may be used as a remedy for breach of contract if the subject matter of the agreement is rare or unique, and damages would not suffice to place the non-breaching party in as good a position as they would have been had the breach not occurred.
Are Your Business Contracts Compliant?
If you are operating a small business in Colorado, you want to ensure that your contracts are tailored to realistic events that can occur. For example, if you buy and sell commercial goods, your business contracts may include UCC terms and conditions. You do not want to operate under common law contract conditions. If you frequently retain subcontractors, you want to ensure that you also have the appropriate clauses to protect your rights. Contact our Denver Colorado contract law attorneys to discuss further. 1-866-601-5518.
Consider Government Contracts for Increased Revenues
In today’s economy, both small and large businesses are turning to federal government contracts for increased revenues. The Denver contract law attorneys at Watson & Associates assist companies throughout the country by protecting them against the complex rules and laws that can impact them. This is a unique area of law and most corporate lawyers may not be familiar with the regulations. The law firm also provides business development and strategies to become successful in the federal contracting marketplace.
Hire Experienced Denver Contract Law Lawyers
Collectively with over 30 years of contract law experience, Watson & Associates’ contract lawyers frequently provide legal services to Colorado clients who need to resolve complex contractual disputes. Our approach is to always gain a strong position at the early stages of you case. This postures your case for possible settlement or performance – depending on whether you are plaintiff or defendant.
Our law firm has assisted contractors to resolve large-dollar claims with the federal government, negotiated a$780,000 dispute to $0, resolved partnership contract disputes in favor of our clients, and reviewed and advised on joint venture agreements. Our goal is to be proactive and to resolve matters without having to go to court. However, if resolution becomes impossible, our Denver lawyers aggressively represent our clients in court. Click here to see Breach of Contract cases filed in the Colorado District Court.
Representing Clients Throughout Colorado
Our Colorado contracts law attorneys cover areas that include: Adams County, Alamosa, Arapahoe County, Archuleta, Baca, Bent, Boulder, Broomfield, Chaffee, Cheyenne, Clear Creek, Conejos, Costilla, Crowley, Custer, Delta, Denver County, Dolores, Douglas County, Eagle County, Elbert, El Paso, Fremont, Garfield, Gilpin, Grand, Gunnison, Hinsdale, Huerfano, Jackson, Jefferson, Kiowa, Kit Carson Contracts Law Clients, Lake, La Plata, Larimer, Las Animas, Lincoln, Logan, Mesa, Mineral, Moffat, Montezuma, Montrose, Morgan, Otero, Ouray, Park, Phillips, Pitkin, Prowers, Pueblo, Rio Grande, Rio Blanco, Routt, Saguache, San Juan, San Miguel, Sedgwick, Summit, Teller, Washington, Weld, and Yuma.
Cities where our breach of contract lawyers represent breach of contract clients include: Aurora, Cherry Creek, Parker, Lakewood, Thornton, Commerce City, Highlands Ranch, Greeley, and all Denver Metro areas.
Call us Today
For more information about Colorado contract law or to speak to an experienced attorney about a possible breach of contract case contact Watson & Associates today. Call us toll free at (866)601-5518.