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Colorado Business Law Questions & Answers
1 Answer | Asked in Business Law, Government Contracts and Intellectual Property for Colorado on
Q: Does my company own the right to my licenses?

During the course of my employment with my current employer I uptained my professional engineer (PE) license. I paid for all classes, books, exams out of my pocket. I even took paid time off to take the exam. My company really wants to use this license on their proposal work in order to win more... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Oct 27, 2021

The company does not have the right to use your property without your permission. Get your request in writing and then if they don't comply within 10 days go get a lawyer.

Also, if you're a W2 employee and you were told you would receive a pay increase and you didn't file a...
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1 Answer | Asked in Business Law, Civil Litigation, Construction Law and Small Claims for Colorado on
Q: If a vendor/contractor damaged my property, can I claim against the person who hired the vendor?

I'm a commercial tenant in a mall struggling to open a small business in the midst of this pandemic. A neighboring shop owner in the mall hired or asked a vendor/contractor to remove some equipment from her shop and he took a piece of my equipment valued at $1,300. When he returned it, it was... View More

Donald C Eby
Donald C Eby
answered on Apr 25, 2021

You should file that small claims action to force this to a conclusion more quickly.

1 Answer | Asked in Business Law, Civil Litigation and Family Law for Colorado on
Q: I’m in dispute with 50/50 business partner had lawyer send letter to mediate or file lawsuit - he’s also my husband

I know this gets complex on both sides of business and what it means for my marriage - anyways I need business dispute to be addressed first and foremost but in response he filed for divorce which I’m told stops the business part from continuing! I fear this is again a tactic for him to avoid the... View More

Sabra M. Janko
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answered on Mar 6, 2021

I am sorry to hear about your situation. The divorce court will address property division regarding the business. There is a mandatory injunction which stops business activities that were not conducted previously during the marriage in the normal course of business. If there is a separate contract... View More

1 Answer | Asked in Tax Law, Workers' Compensation, Business Formation and Business Law for Colorado on
Q: Do I need Workers Comp for a Single Member LLC when it's just me?

I formed an LLC for Photography and it's only me, am I required to get Workers Comp or can I save that?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jan 8, 2021

No, not required.

1 Answer | Asked in Business Law and Contracts for Colorado on
Q: Can a tenant get out of a commercial lease because of covid 19 if the business is suffering?

Also, can a tenant get out of a commercial lease for medical reasons?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Sep 3, 2020

It will depend on the force majeure clause if any.

Really depends on what the contract says and the facts and circumstances involved.

Unfortunately you're going to most likely have to retain an attorney to review the contract and your situation to really get a clear answer...
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1 Answer | Asked in Consumer Law, Contracts, Business Law and Small Claims for Colorado on
Q: Can my wedding vendor steal my money and not provide the service?

I am getting married Oct 24th, and we asked a growing photographer who was a friend to take pics. No contract was signed, but I paid him. He is now moving out of state and lost the 2nd photographer and said he can't refund the money... We asked him to just photograph alongside new... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Aug 14, 2020

That can be very frustrating.

This sounds like a breach of contract.

Just because there was no signed document does not mean there's no contract.

A contract is the agreement, not the paper.

It sounds like there was a verbal agreement to provide services in...
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1 Answer | Asked in Business Law for Colorado on
Q: If my business partner and I are not working out in our 50/50 partnership, am I able to dissolve the company on my own?
D. Mathew Blackburn
D. Mathew Blackburn
answered on Aug 12, 2020

You likely don;t have the authority to do that.

It's better if you can come to an agreement on winding down the partnership and put that in writing.

Then there's no concern of a future lawsuit.

1 Answer | Asked in Business Law and Contracts for Colorado on
Q: Is it a crime that I failed to provide my Client with a copy of his signed agreement when we first got started?

I started working with a roofing Client in August of 2019, this month marks his 1 year wrap up and instead of renewing he is threatening me with legal action because he's upset about COVID and the complete lack of business, traffic and conversions on his website, all out of my control as... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Aug 11, 2020

No it's not a crime.

How did he sign the agreement it without a copy of the agreement?

Sounds like he's looking for any reason not to pay.

1 Answer | Asked in Business Law for Colorado on
Q: I own a small handyman business and am remodeling a portion of my own home. Can I expense the materials to my business?

I file my taxes (personal & business) under my SSN and do not have an EIN.

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jul 13, 2020

You can deduct an allocable percentage of repairs and maintenance to an area of your home that is used exclusively for the business. Improvements are not deductible. A remodel would not be deductible.

1 Answer | Asked in Banking, Business Law and Contracts for Colorado on
Q: If the borrower writes a loan contract is it in effect for every loan thereafter until a new contract is made

Borrower is a business

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jul 7, 2020

That depends on how the agreement was drafted and the understanding of the Parties involved. The agreement could be written as an open line of credit or a one time loan. Without specific language it will not be clear whether the Parties intended for the future loans to be subject to the current... View More

1 Answer | Asked in Business Law and Contracts for Colorado on
Q: How do I file a claim against a recently dissolved company for commission owed to me?
D. Mathew Blackburn
D. Mathew Blackburn
answered on Jun 16, 2020

You would file against the entity and the owners together. It'll be more complicated because you have to argue the owner's were responsible, or that the liability protection of the corporate entity should be ignored, or one of the other reasons why you would be able to collect from the... View More

3 Answers | Asked in Civil Litigation, Employment Law, Family Law and Business Law for Colorado on
Q: I own a business and employ my husband. His ex is demanding my business records as disclosures. What are my rights.

All business accounts are in my name only. I have a contract showing I purchased the business, not my husband. It is a medical practice. Some of what they are asking for are HIPAA protected. I would not give this information to my husband. The ex-wife filed a motion stating she wants it because she... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on May 13, 2020

Until his ex actually produces a subpoena or some other formal discovery request you don't have to provide anything. Once a formal request is made you would respond under the rules associated with that request. Just explain all the different reasons why the documents are not applicable,... View More

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1 Answer | Asked in Consumer Law, Business Law and Construction Law for Colorado on
Q: Had a contractor built a fence, did not follow the material guidelines outlined in the HOA. Can I sue for his poor work?

Me and two neighbors(N1 and N2) hired a contractor to build a fence, we all signed separate contracts. This contractor did a very poor job. The work is bad, I have pictures to document it all. When I showed him the work, he said i was being "nit picky". I asked him about the gaps in the... View More

Donald C Eby
Donald C Eby
answered on May 8, 2020

You may have a claim, a strong demand letter from an attorney may be a good first step. The strength of your claim will depend upon the language contained in the contract.

1 Answer | Asked in Business Law for Colorado on
Q: I left a company where my likeness is still used on their promotional content. Can I legally get them to remove it?

Is there a law in Colorado citing that I have the right to ask my former employer to remove my likeness from their website, social media, and any other place that is used to promote to prospective employees and clients? The relationship I had with the employer was hostile and I would rather not be... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 23, 2020

If you didn't sign an agreement to allow the employer to use your likeness in their advertising they do not have a right to do so. You should provide notice you do not want your likeness used. You'll probably end up needing to retain counsel to make them take it down.

1 Answer | Asked in Business Formation, Business Law and Contracts for Colorado on
Q: How best can 3 individuals located in 2 different U.S. states and the UK form a viable business?

The three of us are all small business marketing coaches, working under individual DBA's and or LLC's. We want to know how best we can merge our resources together into some kind of partnership, business or entity. We're unsure what the best approach is considering the various... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 3, 2020

Justia is a wonderful free online legal forum established to allow members of the general public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question is much to important--and too complicated--to be solved online.... View More

1 Answer | Asked in Real Estate Law, Business Formation and Business Law for Colorado on
Q: Where is the Statement of Authority filed? county where the entity is formed or county where the property is located?

My lender is requiring a statement of authorization as my property is owned by my holding company which is a LLC which is wholly owned by myself. They want me to have a certificate of authorization recorded by the county. I don't know which county to file it with and also what this... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Dec 29, 2019

It's filed in the county where the property is located. It's the document that verifies that you have the authority to act on behalf of the LLC. Just because you own it does not automatically mean you have the authority to make decisions on behalf of the LLC. Notary's county does not matter.

1 Answer | Asked in Business Law for Colorado on
Q: Attorney for Board of Directors?

Our board of directors needs a lawyer for possible misuse of funds.

Tim Akpinar
Tim Akpinar
answered on Dec 3, 2019

This isn't really a lawyer referral service; it's only a Question & Answer board. Your board could take steps to find a lawyer - through this site (Find-a-Lawyer, above), independently on its own online, the Colorado Bar Association, or other resources. Good luck

Tim Akpinar

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Colorado on
Q: can breeder require me to purchase a specific brand of food for a 2-4 year period?

the breeder is apart of a multi level marketing company that represent the food that is being required with the purchase of the dog

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

Probably not, most breeder contracts are not enforceable. The problem is that you may have to spend 4 or 5 months in litigation to find out.

I would suggest not dealing with a breeder that wants you to sign a contract they pulled off some fly by night website or who is running an MLM. If...
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1 Answer | Asked in Business Law for Colorado on
Q: Is ‘the groovy moose’ taken!

Retail business

D. Mathew Blackburn
D. Mathew Blackburn
answered on Nov 1, 2019

Yes, he was snatched in the middle of the night by itinerant jazz players.

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