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Colorado Business Law Questions & Answers
1 Answer | Asked in Business Law, Contracts and Employment Law for Colorado on
Q: Can a director who is paid a salary also work as independent contractor for the same company and be paid as such

A programs director for an agency that takes care of people with Developmental Disabilities is paid as a programs director but also serves clients from his agency and is paid as independent contractor for serving the clients in his house

D. Mathew Blackburn
D. Mathew Blackburn answered on Jun 17, 2019

Yes, but the differentiation in roles and the basis for contractor treatment should be documented and retained for audit and an independent contractor agreement should be signed.

1 Answer | Asked in Business Law for Colorado on
Q: Change Colorado C Corp shareholder meeting requirements.
D. Mathew Blackburn
D. Mathew Blackburn answered on Jun 3, 2019

Amend the by-laws.

1 Answer | Asked in Business Formation and Business Law for Colorado on
Q: Do i need to collect sales tax if im a service provider
Andrew John Contiguglia
Andrew John Contiguglia answered on Apr 12, 2019

No. The collection of sales tax only applies if you are selling goods.

1 Answer | Asked in Business Law for Colorado on
Q: What is the reporting form for LLC sole proprietory business?

No equipment engaged in that business

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 8, 2019

Schedule C.

1 Answer | Asked in Business Law and Civil Litigation for Colorado on
Q: I was just wondering if I have a case. I feel like I was done wrong and unfair. Can I do anything?

12 years ago a friend and I started a used car dealership. In structuring the company my name was not included, but it was me who was responsible for creating the company’s brand (business name, logo, slogan, website, colors, operating methods). My ideas, my creations, my hard work for the first... Read more »

Ashley Dean Powell
Ashley Dean Powell answered on Dec 4, 2018

There may be potential claims here that you could have pursued. As you may well know, most civil claims/disputes like this have a deadline by which the claim must be brought in court (a "statute of limitations"). Given that the business was started 12 years ago and the relationship... Read more »

5 Answers | Asked in Business Law and Real Estate Law for Colorado on
Q: Retail Business Space Lease

I have an existing business that is an LLC and we are moving to a new location for our business. In the new lease it calls out in our addendum for both LLC members to give a Personal Guarantee, does this negate the personal property protection that our current business LLC gives us? Should we seek... Read more »

James A. Greer
James A. Greer answered on Nov 27, 2018

Dear LLC Lessee: It is standard practice for a Lessor to require a Personal Guarantee ("P.G.") from the Members of an LLC. The reasoning from a Lessor's standpoint includes the primary concern that an entity (an LLC, for example) can breach a Lease by simply winding down and... Read more »

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2 Answers | Asked in Business Law, Construction Law and Contracts for Colorado on
Q: Our company bid a job and now no longer has time to do it. No contract signed and contractor wants to sue for damages?

Is it possible to be sued for such a thing. We spoke but never signed anything.

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 19, 2018

First off you can be sued for pretty much anything so I'd answer that with a yes. Whether there's a viable claim is another story. The fact that the potential plaintiff doesn't really have a case won't stop them from filing suit and forcing you to go through the legal process of... Read more »

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1 Answer | Asked in Tax Law, Business Formation and Business Law for Colorado on
Q: ISO: business/tax lawyer

Back taxes for 2 separate corporations that were started in Montana. Seeking a lawyer in Denver Colorado as that is where the i currently reside. Does the sought out lawyer in Colorado need to have jurisdiction in Montana in order to help me?

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 20, 2018

Tax is not restricted to only attorneys that are licensed in the state. I have cases in about 10-11 different states. I'd have to go count them to be sure.

A Colorado attorney can help you with this issue.

1 Answer | Asked in Business Law for Colorado on
Q: how long do I have to sue a business after the date of something happening?
John Hyland Barrett III
John Hyland Barrett III answered on Oct 1, 2018

It depends on what happened. there are different time limitations for different cases. For instance, a personal injury claim must be brought within 2 years.

1 Answer | Asked in Business Law and Civil Litigation for Colorado on
Q: Can investors sue sharholders of a corporation

My ex-business parter wants me to payback money he invested in our company. I never asked for him to pay me back what I invested. Plus I was willing to sign over my shares of the company and he refused. Now he wants to sue me over the funds and also wants me to pay back an invoice that paid for but... Read more »

Donald C Eby
Donald C Eby answered on Sep 10, 2018

Not sure what you mean here. An investor generally is a shareholder. If you get sued, I'll be happy to defend you.

1 Answer | Asked in Business Law for Colorado on
Q: Purchased a Tv from Best buy for 3500 they delivered and installed a Tv to my wall that cost 5000. Do I have to give bk
D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 31, 2018

Can you resubmit the question it doesn't really make any sense and I can't understand what you're asking. Thanks.

3 Answers | Asked in Business Law, Contracts, Real Estate Law and Landlord - Tenant for Colorado on
Q: Question on Retail Lease

I am a small business owner that has a five year lease with two additional five year lease options. We are currently coming to an end of our first five year lease option and will expire on January 31, 2019. We have informed landlord that we would like to exercise our second five year lease option... Read more »

John Roland Lund
John Roland Lund answered on Jul 14, 2018

Your option to renew is an enforceable contract right. So long as you have complied fully with the notice requirements and are not in default on the lease, it is your unilateral right to renew at the rates set by the lease.

If your position is valid then if you remain past the end of the...
Read more »

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1 Answer | Asked in Consumer Law, Contracts, Business Law and Patents (Intellectual Property) for Colorado on
Q: CRM software company trying to charge extra $500-$1000 for me to export my customers' info when I cancelled the software

The terminology in their Terms of Use include: "You have the right to Your content within Your Agemni Site. You may, at Agemni’s discretion, be subject to a fee to export that content including but not limit to any outstanding payments or fees that are due."

However, they do not... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jun 13, 2018

I do not see a patent issue here. I hope you find an attorney with the right background to help you. Ideally, this would have been something you worked out before you populated the site with data that you need.

You may want to Google around to see if others have dealt with this issue or...
Read more »

1 Answer | Asked in Business Law, Small Claims and Civil Litigation for Colorado on
Q: I'm a designer. I hired a contractor. He built kitchen cabinets and hired a finisher to finish them.

The finish is defective and the cabinets have to be re-finished (for $10,000). Who do I take action against (in small claims court)? The contractor that I hired or the finisher that he independently hired.

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 28, 2018

It would a county court case which has jurisdictional authority on cases between $7,500 and $15,000. You would have to determine venue (Which county to file in) under the court rules. Generally you would sue everyone that did not fulfill their obligations under the contract. In this situation it... Read more »

3 Answers | Asked in Business Law and Tax Law for Colorado on
Q: Are paying taxes voluntary or law?
Linda Simmons Campbell
Linda Simmons Campbell answered on Apr 11, 2018

It is the law.

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1 Answer | Asked in Business Law, Tax Law and Business Formation for Colorado on
Q: Purchasing an existing company, trying to figure out where to incorporate for best tax advantages.

I am from Colorado. I am purchasing an existing company in TX. That company will be manufacturing product in TX and I will have a partner there. The product will be built and shipped from that third party manufacturer to likely all 50 states. My question is when purchasing the company, can I set up... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Mar 24, 2018

Generally the best approach is to register in the state of operation. Also be aware you will pay income taxes to CO regardless of where you set up the LLC because an LLC is a passthrough entity and you are a CO resident.

You need to retain a business/tax attorney that can advise you on the...
Read more »

1 Answer | Asked in Business Law and Civil Litigation for Colorado on
Q: We are a 22 year old software company that recently received a judgment from a customer for a large amount.

It is beyond our ability to settle and we are considering closing the business (a subchapter S). I am writing because our programmer is considering launching his own business and selling our software, which he wrote. Our concern is regarding liability. Would the judgment be enforceable against the... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Mar 14, 2018

The developer, even though he wrote the software, would not be able to sell it without a license. This assumes the S-Corp owns the software either as a contributed asset or as work for hire. The judgement holder would likely seek a writ of garnishment to seize the rights to the software then sue... Read more »

1 Answer | Asked in Business Law for Colorado on
Q: In Colorado, can you legally write up your own contract for your business, or must a lawyer provide said contract?

I am starting my own lead generation/supplier business for home renovation purposes. it requires me to have a contract in place for my clients to sign as well as the contractors who will be doing the work. I am starting this business in Colorado and I need to know if I can write up my own contracts... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 22, 2018

You can absolutely draft your own contracts for your business without an attorney. It's not a good idea but you can do it. What is illegal, unauthorized practice of law, is to advise others on the legalities of contracts.

Regarding enforceability of the contracts you write is an...
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1 Answer | Asked in Business Law and Insurance Defense for Colorado on
Q: Is it illegal to unknowingly send an advertisement for homeowners insurance to a minor in Colorado?

I own an insurance agency and purchase lists that are supposed to be names, addresses and potential homeowners renewal dates. The vendor I use pulls information from public records like real estate transactions and the census. Occasionally, in a month with a list of 4000 potential homeowners... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 15, 2018

No, that woman's an idiot.

Even if it were illegal it would be prosecuted by the county attorney for a criminal act, or more likely the Dept. of Regulatory Agencies (DORA) for a regulatory violation. She has no private right of action to sue you for mistaken advertisement....
Read more »

1 Answer | Asked in Business Law for Colorado on
Q: I'm running an advertisement for my company and I'm not certain it's legal, I need some feedback on it-

So my entire website is oriented around (Free just pay shipping) which obviously covers the cost of the product + profit, now, I did verify that the business model itself is legal, I researched it thoroughly and the cost of shipping + handling is at the discretion of the person selling the product.... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 27, 2017

You should consult an attorney who can advise you on your situation.

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