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Colorado Contracts Questions & Answers
1 Answer | Asked in Car Accidents and Contracts for Colorado on
Q: Rented a car in Colorado rodent chewed wires and they want to charge me for it. can they do that?
Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 22, 2022

I would think that would depend on your contract and if they can link the damage to your use of the car. If the rat was already living in the car when you took it, is it really your problem? Depending on the amount, it may be worth talking to an attorney.

Please be aware that any answer is...
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1 Answer | Asked in Contracts, Landlord - Tenant and Animal / Dog Law for Colorado on
Q: I have an apartment lease which stipulates certain breads of dogs considered dangerous and not allowed.

There are many dogs on that list now living in my complex. The office says the owners of those dog’s presented documents claiming the dogs are “emotional support “ animals and they are required to accept them. How is this not a breech of my lease which prohibits such dogs? Thank you

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 16, 2022

In many circumstances federal and state law trumps contract law. Contract law must live in the legal framework setup by both the state and federal governments. A personal contract typically cannot supersede a state or federal law unless the law allows itself to be superseded.

If a contract...
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2 Answers | Asked in Contracts, Copyright and Business Law for Colorado on
Q: What to do ?

I started a new instagram account for my twin boys and have posted a video that reached 6 millions views in a week or so and a company contacted me to get a permission from me to share their video in their social media and I will get 60% and they get %40. So I just want to talk with an attorney... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Sep 11, 2022

You are wise to check with an attorney before you sign anything that does not make sense. Generally, the person creating a video clip has an automatically-occurring copyright in that video. The automatic rights are harder to enforce or sell, but the maker of the video clip can register their rights... Read more »

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1 Answer | Asked in Contracts, Business Formation and Business Law for Colorado on
Q: Setting up a holding company to allow for 100% ownership of future locations

I am opening a brick and mortar location in CO, with investors lined up. Naturally, they will request some equity in the company.

How can I setup a situation where I end up owning the overall brand, so that several years from now I can open additional locations in other states and/or... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Sep 2, 2022

While this reply is not legal advice specific to your situation, the following generalizations may be useful to anyone opening a business in Colorado under circumstances similar to yours.

Selecting a business structure is a key business decision. Business structures can be changed over the...
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1 Answer | Asked in Contracts and Construction Law for Colorado on
Q: Im a contractor I have a contract with a homeowner, they want to cancel the contract how do we go about doing so?

The paper work for permits took longer then expected, there was a change order, and a deposit was put down from the homeowner. They want to cancel the contract and an itemized list of what was spent.

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Aug 26, 2022

I would start with your original contract. If contains procedure on how to cancel the contract, then you may be able to use that.

If not, then you may wish to sit-down with the homeowner and negotiate a settlement agreement/ termination agreement. In short, you would both be agreeing to...
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2 Answers | Asked in Contracts, Business Law and Landlord - Tenant for Colorado on
Q: Can a commercial landlord forcibly remove tenant's contents without the eviction process - even if it's in the lease?

Upon coming to that conclusion, he mentioned a "mean way" and a "nice way" to handle this. As an art gallery, we need to be careful how we move everything, so we need some time. He said the "mean way" would be their having "repossession trucks" come in with a... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Aug 23, 2022

Afternoon,

If you have a landlord threatening to remove items from a commercial space, you need to obtain an attorney right away.

In Colorado, we have the unlawful eviction statue otherwise known as C.R.S. 38-12-510. The statute prevents landlord from evicting tenants without...
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1 Answer | Asked in Contracts, Arbitration / Mediation Law and Health Care Law for Colorado on
Q: I can't afford my chiropractor anymore but I have a 12 month contract with them. Can i get out of it safely?

The service with them has helped i just can't afford it every month and have a standing contract/payment plan with them.

Tim Akpinar
Tim Akpinar
answered on Jun 24, 2022

A Colorado attorney could advise best, but your question remains open for two weeks. It could be difficult for an attorney to offer guidance without seeing the contract's terms about termination, cancellation, refunds, penalties, etc. You could reach out to local attorneys to review the... Read more »

1 Answer | Asked in Contracts and Construction Law for Colorado on
Q: Need help interpreting a construction proposal agreement

After project completion contractor want to charge extra for changes made during construction to meet code. The agreement states that "Any additions, alterations, or deviation to this proposal involving extra costs, will be executed only upon written orders and will become an additional... Read more »

James A. Greer
James A. Greer
answered on Apr 16, 2022

Dear Owner Facing Post-Performance Claim for Extra Contractual Payment: Your question has two areas of focus, the issue of a post-performance claim for Extra Payment and the potential pursuit of indemnity for the extra charges as against your Design Professionals. First, with regard to the issue... Read more »

1 Answer | Asked in Contracts, Car Accidents and Insurance Defense for Colorado on
Q: I got insurance last month. totaled car. insurance pmt late. They're cancelling me in the middle of my claim. Can they?

My payment is late. I will be able to pay on my payday (in 5 days). They said it will be cancelled on Jan 4.. Can they cancel me before finishing my claim?

Tim Akpinar
Tim Akpinar
answered on Jan 11, 2022

A Colorado attorney could advise best, but your question remains open for four weeks. As a general matter nationwide, the issue is generally whether the policy was in effect at the time of the accident, barring any special conditions stipulated by the carrier. Carriers can extend grace periods to... Read more »

1 Answer | Asked in Bankruptcy, Contracts, Copyright and Collections for Colorado on
Q: What is the Statute of limitations in a auto-loan delinquency. The account was originally listed as “ “ “ charge off “

The account is now listed as closed, I never made any agreement/payment arrangements w/ creditor after the car was voluntarily repossessed.

Mike T. Ramsey
Mike T. Ramsey
answered on Jan 6, 2022

Statutes of limitations vary by state. For example in Mississippi, the statute of limitations on an auto loan deficiency is only one year. Under Colorado Revised Statute 13-80-103.5, the statute of limitations is 6 years. This runs from the date of the last payment. The fact that it is... Read more »

1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Colorado on
Q: what do i do if my soon to be ex wife and my family the state and conuty ect .... as well as every bank wont help me ..

they have hacked every phone ..on my sixth phone line ..i now have no money no wheels.. they are hidding everything from and everyone has helped them ... she sold and stole a patent of my and now doing it agian ..its all about money investment property ... i never even knew and now they're try... Read more »

D. Mathew Blackburn
D. Mathew Blackburn
answered on Nov 4, 2021

Scheduling an appointment with a therapist to help you move past your loss. If you've exhausted all other remedies there's nothing left but to let it go. A professional can assist you with that.

1 Answer | Asked in Contracts, Estate Planning and Probate for Colorado on
Q: I am a heir and a beneficiary on my grandfather's will I was sent info on estate and have no clue on what any of it mea

I would like a lawyer to explain to me in layman's terms what's really going on with my grandfather's estate and my inheritance

Anthony M. Avery
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Anthony M. Avery
answered on Aug 6, 2021

Hire a competent CO attorney to look at the documents and give his assessment. You may need to examine the Probate Case File at Court, or at least call the Clerk.

1 Answer | Asked in Contracts and Employment Law for Colorado on
Q: Am I violating a non-poach if former coworker approached me?

I am in accounting and last week I left a job with a software company to join a hospitality company. A former coworker I used to supervise had asked when I was leaving where I was going. I told him and nothing else was discussed. When I started at my new company he texted me and said he had applied... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Aug 3, 2021

The answer to this question depends on the specific language used in your non-compete with regard to the solicitation of employees. If your former employer contends that you violated your agreement, you should reach out to a Colorado employment attorney for a consultation and review of your... Read more »

1 Answer | Asked in Contracts for Colorado on
Q: My 17 year old daughter signed a contract with a local gym without me knowing for 3 years. Is this legal?

She didn't like it and she felt like he was too pushy about it so she signed. what can i do as a parent?

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Apr 26, 2021

A child can not sign an agreement. Depending on the circumstances the contract is void. However this is a contract questions which you should post in the contracts section.

1 Answer | Asked in Contracts, Family Law, Real Estate Law and Civil Rights for Colorado on
Q: What can I do to be able to install a more suitable fence for my special needs child? When HOA has fence regulations.

I am purchasing my first home, after signing the purchase agreement we were told that HOA only allows a 4 ft fence. The fence is pretty climb-able and open so I was told we could add chicken wire. This still would not work for us because my 5 yr old special needs child is autistic/wanderer and can... Read more »

Donald C Eby
Donald C Eby
answered on Mar 6, 2021

You may want to make a "reasonable accommodation" request to your HOA, if this is denied you'll need to get an attorney involved.

1 Answer | Asked in Civil Litigation, Construction Law and Contracts for Colorado on
Q: If a homeowner was getting a really great deal on upgrades to his home and he breached contract

Can the person that provided the service sue for market value of work completed in the home.

James A. Greer
James A. Greer
answered on Feb 26, 2021

Question on remedy in light of an anticipatory breach of contract: So long as there was a valid and executed written contract, the remedy for the contractor is twofold:

(a) the value of the percentage of completed work as measured by the contract price (and not the so-called "market...
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1 Answer | Asked in Construction Law, Contracts and Employment Law for Colorado on
Q: Construction contract has been breached by made up unreasonable claim that job wasn’t done right what are my options

Homeowner is refusing to pay the labor contract for the completed basement. Double standard on only agreeing to pay labor amount for contract limiting profitable margins and now has a livable space that’s worth around 120k. Contract breach amount is 12k and I’m wondering if I can sue for... Read more »

Donald C Eby
Donald C Eby
answered on Feb 17, 2021

You have a right to get paid for the work you did and to enforce your contract. Have you considered recording a mechanic's lien?

1 Answer | Asked in Libel & Slander, Contracts and Criminal Law for Colorado on
Q: A delivery person forged my signature on a home delivery. Can I sue? If so, how do I proceed?

I ordered a $3000 computer from Amazon. It was delivered today. I needed to sign for it, so I made sure to be home. An hour ago, I looked outside and it was sitting on my porch. Checking Amazon, it said that I had signed for it, which I had not. Apparently, the delivery person forged my signature.... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Feb 12, 2021

The purpose of a civil suit is to recover damages in order to make you whole. You've not articulated any damages.

1 Answer | Asked in Employment Law, Contracts and Construction Law for Colorado on
Q: If I agree to finish a basement for labor amount only can homeowner deny payment for claimed unsatisfactory work.

Do I lean for the market value of the job or just the defaulted contract amount remaining unpaid

Timothy Denison
Timothy Denison
answered on Feb 7, 2021

Lien up his house for the full amount owed and walk away.

1 Answer | Asked in Construction Law and Contracts for Colorado on
Q: Signed a contract with the homeowner for a remodel. He hired an unlicensed plumber to finish the job & refuses to pay

Our contract was to rough in and finish plumbing for 2 1/2 baths, kitchen and laundry room. Terms were 50% due at start, 30% due after rough-in inspection and 20% due on completion. The homeowner hired an unlicensed plumber to finish the plumbing draw on the home, and the county passed the... Read more »

Donald C Eby
Donald C Eby
answered on Jan 12, 2021

The real question is are you going to allow this homeowner to breach your contract without consequences? You have a contract, you have the right to enforce the terms of that contract and your expectations of profit therein.

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