Colorado Business Law Questions & Answers

Q: I was just wondering if I have a case. I feel like I was done wrong and unfair. Can I do anything?

1 Answer | Asked in Business Law and Civil Litigation for Colorado on
Answered on Dec 4, 2018
Ashley Dean Powell's answer
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 appears to have failed (you walked away) about 8 years ago, you may have lost your opportunity to sue for these claims. Presumably, most of the wrongdoing occurred before and leading up to you leaving 8 years ago,...

Q: Retail Business Space Lease

5 Answers | Asked in Business Law and Real Estate Law for Colorado on
Answered on Nov 27, 2018
James Alan Greer's answer
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 dissolving, thereby leaving the Lessor with no manner of collecting lost rents. You asked if your LLC still offers protection if/when the two Members sign a P.G. - no, clearly the P.G. negates the personal property...

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?

2 Answers | Asked in Business Law, Construction Law and Contracts for Colorado on
Answered on Nov 19, 2018
D. Mathew Blackburn's answer
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 proving they don't have a case.

The first analysis is what was agreed to and what were the terms? Was there an agreement at all? If there was a agreement were there damages?

Without knowing more about...

Q: ISO: business/tax lawyer

1 Answer | Asked in Tax Law, Business Formation and Business Law for Colorado on
Answered on Oct 20, 2018
D. Mathew Blackburn's answer
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.

Q: how long do I have to sue a business after the date of something happening?

1 Answer | Asked in Business Law for Colorado on
Answered on Oct 1, 2018
John Hyland Barrett III's answer
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.

Q: Can investors sue sharholders of a corporation

1 Answer | Asked in Business Law and Civil Litigation for Colorado on
Answered on Sep 10, 2018
Donald C Eby's answer
Not sure what you mean here. An investor generally is a shareholder. If you get sued, I'll be happy to defend you.

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

1 Answer | Asked in Business Law for Colorado on
Answered on Aug 31, 2018
D. Mathew Blackburn's answer
Can you resubmit the question it doesn't really make any sense and I can't understand what you're asking. Thanks.

Q: Question on Retail Lease

3 Answers | Asked in Business Law, Contracts, Real Estate Law and Landlord - Tenant for Colorado on
Answered on Jul 14, 2018
John Roland Lund's answer
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 current term the landlord would have to file a lawsuit and seek an order of eviction. But if you have validly renewed the lease then you should be able to defeat that eviction action.

You...

Q: CRM software company trying to charge extra $500-$1000 for me to export my customers' info when I cancelled the software

1 Answer | Asked in Consumer Law, Contracts, Business Law and Patents (Intellectual Property) for Colorado on
Answered on Jun 13, 2018
Kevin E. Flynn's answer
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 seek help from the folks that will provide the software solution to replace Agemni.

Q: I'm a designer. I hired a contractor. He built kitchen cabinets and hired a finisher to finish them.

1 Answer | Asked in Business Law, Small Claims and Civil Litigation for Colorado on
Answered on Apr 28, 2018
D. Mathew Blackburn's answer
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 may be the finisher only or the finisher and the contractor.

You should look for an attorney, county court is complex.

Q: Are paying taxes voluntary or law?

3 Answers | Asked in Business Law and Tax Law for Colorado on
Answered on Apr 11, 2018

Q: Purchasing an existing company, trying to figure out where to incorporate for best tax advantages.

1 Answer | Asked in Business Law, Tax Law and Business Formation for Colorado on
Answered on Mar 24, 2018
D. Mathew Blackburn's answer
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 legal and tax ramifications of not only where to set up the LLC but also state sales and income tax nexus.

Q: We are a 22 year old software company that recently received a judgment from a customer for a large amount.

1 Answer | Asked in Business Law and Civil Litigation for Colorado on
Answered on Mar 14, 2018
D. Mathew Blackburn's answer
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 the developer for infringement. If the developer want the software he would need to buy it from the S-corp at fair market value. If it's distributed to him or sold for less than FMV it would be...

Q: In Colorado, can you legally write up your own contract for your business, or must a lawyer provide said contract?

1 Answer | Asked in Business Law for Colorado on
Answered on Jan 22, 2018
D. Mathew Blackburn's answer
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 entirely different issue. You're going to do the best you can and you're taking your chances that you're just as good as or better than someone who studied law for three years, passed the bar exam, and then...

Q: Is it illegal to unknowingly send an advertisement for homeowners insurance to a minor in Colorado?

1 Answer | Asked in Business Law and Insurance Defense for Colorado on
Answered on Jan 15, 2018
D. Mathew Blackburn's answer
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.

The question should be what are you putting your kid's name on that it's ending up on this list.

Q: I'm running an advertisement for my company and I'm not certain it's legal, I need some feedback on it-

1 Answer | Asked in Business Law for Colorado on
Answered on Dec 27, 2017
D. Mathew Blackburn's answer
You should consult an attorney who can advise you on your situation.

Q: I work for a small biz as an employee and was sued personally (small claims) for a mistake the biz made. What do I do?

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Colorado on
Answered on Dec 12, 2017
D. Mathew Blackburn's answer
Hire an attorney, A company policy is not the law and they can sue you and the company. You'll have to respond to the complaint and defend yourself at trial if necessary.

Q: Can I use the standard meal allowance method to calculate M&IE deductions when traveling internationally for business?

1 Answer | Asked in Business Law for Colorado on
Answered on Nov 16, 2017
D. Mathew Blackburn's answer
Yes, just make sure you use the international tables not the domestic.

INternational: https://aoprals.state.gov/content.asp?content_id=184&menu_id=78

Domestic: https://www.gsa.gov/travel/plan-book/per-diem-rates

Publication 463: https://www.irs.gov/publications/p463

Q: Hi, I foolishly paid a fee for a loan consultant service when starting up a business; help me not pay?

1 Answer | Asked in Business Law and Contracts for Colorado on
Answered on Nov 15, 2017
D. Mathew Blackburn's answer
It's going to depend on the contract and whether they followed state funding laws whether you can get out of the obligation or get any money back. Let me know if you'd like to setup a consult and we can discuss costs and options.

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