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Colorado Contracts Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Colorado on
Q: I have a storage in colorado. The owner hired other tenants to move and clean it out after I was 1 day over my move out

He didn't not file an lien. He is charging me 500 for tbe labor also he allowed them to enter my other storage to put items out of the first storage. With out my consent or knowledge.

James L. Arrasmith
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answered on Nov 24, 2023

It's important to review the terms of your storage unit rental agreement to understand your rights and the owner's obligations in this situation. Storage facility agreements usually outline procedures for late move-outs, fees, and handling of items left in the unit.

If the owner...
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1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Colorado on
Q: I need to know if the owner of my storage unit can charge me 500.00 for having other tenets clean out my storage after

I was 1 day over my move out day. He allowed them to access my other storage to put some of my items in it.

James L. Arrasmith
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answered on Nov 24, 2023

In Colorado, the rules regarding storage unit fees and access are typically governed by the lease agreement you signed with the storage facility. It's crucial to review this agreement to understand your rights and the owner's rights in situations like being overdue on moving out.... View More

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Real Estate Law for Colorado on
Q: I'm the successor in interest for an inherited house. Can the mortgage lender charge me a fee for assuming the mortgage?

I inherited my house from my mother when she passed away in 2017. I repeatedly attempted to assume the mortgage and get my name placed on the mortgage, but was repeatedly told I couldn't do so without undergoing a financial ability to pay. At the time, due to my student loans I wouldn't... View More

James L. Arrasmith
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answered on Nov 5, 2023

Yes, typically a credit union or other lending institution may require your name to be on the first mortgage to secure a home equity line of credit (HELOC). This is because they need to ascertain their position in the event of default.

Regarding the assumption fee, mortgage lenders are...
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1 Answer | Asked in Contracts, Tax Law, Admiralty / Maritime and Gov & Administrative Law for Colorado on
Q: What motion to the courts would be filed to obtain financials of accounting, ledgers, tax ID, of cash only bond put up?

100k for one individual another 100k for another individual court bonds and 10grand for another cash only court bond for tax purposes

T. Augustus Claus
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answered on Sep 26, 2023

In Colorado, if you're looking to obtain financial records related to court bonds, such as accounting ledgers or tax ID information, you might consider filing a "Motion for Discovery" or "Motion to Compel Disclosure." These motions are generally used to request specific... View More

1 Answer | Asked in Contracts, Tax Law, Admiralty / Maritime and Civil Rights for Colorado on
Q: a motion for an assessment of the bond monies. Would be filed in what jurisdiction of a district Court?

Securing bond monies, obtaining the account ledger of monies, tax audit, and ledgers, of account.

T. Augustus Claus
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answered on Sep 26, 2023

In Colorado, if you're looking to obtain financial records related to court bonds, such as accounting ledgers or tax ID information, you might consider filing a "Motion for Discovery" or "Motion to Compel Disclosure." These motions are generally used to request specific... View More

2 Answers | Asked in Contracts, Real Estate Law and Tax Law for Colorado on
Q: Seller will only sell us the house if we also buy the furniture for $35000 in a separate transaction twice the value of

Furniture might be worth 10,000 max but seller wants 35000 in separate transactions from house perchase of 600000 we really want the house so we are forced into this furniture deal . Do we just go along with it and over pay for the furniture and keep the sellers happy it’s like they are hiding... View More

Michael Joseph Larranaga
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answered on Sep 22, 2023

Sorry, it is the seller's responsibility to deal with their taxes. It only becomes a problem for you when you both start colluding not to pay taxes.

The seller has the right to sell his property for as much as they want. We live in a free market so if a buyer will pay it then why not?...
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3 Answers | Asked in Consumer Law, Civil Litigation and Contracts for Colorado on
Q: prepaid dance lessons for my daughter. She has decided not to use this studio. The dance studio is refusing refund.

Studio is stating that prepaid money cannot be refunded only applied to lessons. Is there legal standing to demand a refund?

T. Augustus Claus
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answered on Sep 14, 2023

In Colorado, your ability to demand a refund for prepaid dance lessons largely depends on the terms and conditions stipulated in the contract or agreement you entered into with the dance studio. It is essential to carefully review the contract, paying particular attention to provisions related to... View More

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3 Answers | Asked in Consumer Law, Civil Litigation and Contracts for Colorado on
Q: prepaid dance lessons for my daughter. She has decided not to use this studio. The dance studio is refusing refund.

Studio is stating that prepaid money cannot be refunded only applied to lessons. Is there legal standing to demand a refund?

Michael Joseph Larranaga
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answered on Sep 15, 2023

I agree that it all depends on the contract. In addition, it depends on how those funds are classified which again will be affected by the contract. Did you buy vouchers, is it a prepayment for services, or other?

Depending on the school, you may also consider talking to the other parents...
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1 Answer | Asked in Contracts for Colorado on
Q: Promissory Note Amendments w/out signatures valid?

PN due date expired and then the 2 parties had an email exchange agreeing to new terms. Is the email valid as an amendment to the PN without signatures of the 2 parties?

Michael Joseph Larranaga
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answered on Sep 11, 2023

It depends. The statute of frauds may come into play but generally, a contract can be amended by mutual agreement. To have a mutual agreement you have to meet requirements of a contract but this can often be done in a email.

The statue of frauds requires signatures in certain situations...
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1 Answer | Asked in Contracts and Construction Law for Colorado on
Q: If I paid a contractor a deposit for a kitchen remodel and he used my deposit to fund other projects do I have recourse?

It has come to light that over a month after the deposit was paid, the contractor has dispersed none of the funds provided to him by us toward our project. No work has been done and no materials acquired. The contract was signed July 16th of 2023 and contract stated work would be completed by... View More

Michael Joseph Larranaga
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answered on Aug 30, 2023

You do need to contact an attorney. Depending on the circumstances, in many circumstances, the initial deposit needs to be held in a trust account and failure to properly account for the deposit can be theft. Further, it could also be a fraud and/or breach of contract issue. Regardless, you should... View More

1 Answer | Asked in Consumer Law and Contracts for Colorado on
Q: Do I have a case to sue a landscaper at fault grade and drainage alteration?

A storm came through in April and flooded around our window wells sending water into our basement damaging areas of two rooms. Builder said landscaper trapped water up against the house with a concrete walkway that didn’t have a drain. A consulting company came and reshot the grade and determined... View More

Kammie Cuneo
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Kammie Cuneo
answered on Aug 15, 2023

The decision to engage in litigation should be economically rational. From the explanation above, it appears that the damage resulting from the original landscaping contractor's has been assessed at about $11,000 (the cost of fixing the errors). It is unclear whether there is a fee shifting... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Q: In a Colorado civil case, can the court rule ex parte on a motion for extension of time to file response to discovery?

Opposing counsel filed motion for extension of time on Friday evening. It states that I am opposed to the motion. I found his email with his motion Saturday evening; I filed my response Monday evening with the court and opposing counsel. He advised me that the court had already granted his motion... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 11, 2023

An Ex Parte application is basically a motion with shortened notice to the opposing side. You are usually told exactly the date, time and place where the motion will be heard by the Court so you can go there, personally or remotely, to present your opposition. You can search for the rule on google... View More

2 Answers | Asked in Contracts, Business Law and Construction Law for Colorado on
Q: If a contractor takes a job, and realizing its too big for for one man to accomplish safely after work has started.

This is my first excavation job. Sewer line in alley was originally located 6' deep, ended up being damaged all the way to city tap which is 13' deep. After replacing the damaged pipe, encasing in concrete, backfilling, replaced roadbase, and asphault. A week later the utility company ran... View More

Tim Akpinar
Tim Akpinar
answered on Jun 17, 2023

A Colorado attorney could advise best, as you have state-specific construction and engineering codes in a project like this, but you posted two weeks ago. One option is for the job to be examined by someone with legal and technical experience with such project to explore options, determine the most... View More

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1 Answer | Asked in Contracts, Estate Planning, Family Law and Probate for Colorado on
Q: Can I file a case against my sister who abused her POA if she lives in another state?

My mother who had ALzheimer gave my sister POA and 14 months before she died, my sister made herself beneficiary on my mother bank accounts.. They lived in Ohio and I live in Colorado. Bank accounts are not part of the probate. Bank will not give me my mother's account history because, pretty... View More

Rebecca Pescador
Rebecca Pescador
answered on May 20, 2023

It sounds like you will need to pursue this in Ohio. Jurisdiction attaches where the person who passed away lived when they died. Since your mother did not live in Colorado when she died, Colorado would not have jurisdiction over this matter, so you could not purse this here.

Generally...
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3 Answers | Asked in Contracts for Colorado on
Q: Do contracts hold up in the court of law in Colorado? Can a person write a contract if it does not obey the law?

Constitution makes a statement about the general assembly, not imposing upon the obligations in a private contract. Wouldn’t that be in to fair to say that the law cannot thwart the obligations in a private contract? Or can the law superceede any contract? What if the parties are not obeying the... View More

Michael Joseph Larranaga
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answered on Apr 25, 2023

Contract Law and the constitutional do overlap. It’s a give and take. While most contractual provisions may be valid, the state does have a considerable amount of power under the police power to affect contract law. Each state has the power to write laws to support public wellness. If a law is... View More

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3 Answers | Asked in Contracts for Colorado on
Q: Do contracts hold up in the court of law in Colorado? Can a person write a contract if it does not obey the law?

Constitution makes a statement about the general assembly, not imposing upon the obligations in a private contract. Wouldn’t that be in to fair to say that the law cannot thwart the obligations in a private contract? Or can the law superceede any contract? What if the parties are not obeying the... View More

Michael Joseph Larranaga
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answered on Apr 20, 2023

Contract Law and the constitutional do overlap. It’s a give and take. While most contractual provisions may be valid, the state does have a considerable amount of power under the police power to affect contract law. Each state has the power to write laws to support public wellness. If a law is... View More

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1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Construction Law for Colorado on
Q: Contractor purchased materials on my CC, most never delivered/installed, he disappeared after demo, what is my recourse?

I hired a GC & signed a contract to remodel my bathroom. I have not received a copy of this contract despite asking every day. The contract stipulated an est of $15k-a $4k deposit & $4k upon completion & I would pay for materials. The GC showed references & licensing info & they... View More

Ben Volpe
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answered on Apr 19, 2023

I suggest considering a demand letter to the contractor regarding the issues. Keep in mind if there are construction defect issues, you'll need to consider a notice of claim letter per the Construction Defect Action Reform Act. If they do not make an effort to resolve the situation, you may be... View More

1 Answer | Asked in Contracts, Personal Injury, Real Estate Law and Insurance Bad Faith for Colorado on
Q: Can an insurer require an investigation then after the investigation send a payment then after the payment turn around

Then ask for an EUO almost 8 months later? They did not ask for EUO with in 15 days. The claim has now drug out to be eight months long. We just received one small payment, and they are not wanting to pay out the rest of the claim which is substantial.

According to our declarations. We feel... View More

Tim Akpinar
Tim Akpinar
answered on Mar 4, 2023

A Colorado attorney could advise best, but your question remains open for a week. More details are needed about the carrier's need for the EUO. You raise a good point. If the claim appears to be turning contentious, you could explore representation. Most injury law firms offer free initial... View More

1 Answer | Asked in Contracts, Personal Injury and Products Liability for Colorado on
Q: When you file a certificate of service with the court does that mean you have already serve the papers?
Douglas Phillips
Douglas Phillips
answered on Mar 2, 2023

A certificate of service is filed with a court to show that documents related to the case have been mailed to the opposing party (or opposing counsel).

This is different than saying that a party has been properly served the summons to initiate the case. It could be different in your state,...
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1 Answer | Asked in Contracts, Gaming, Small Claims and Tax Law for Colorado on
Q: My senior class organized a game where everyone buys in and receives a cash prize. Is this legal?

My senior class organized a game where everyone bought into the game and the winner receives a cash prize. It is organized by students, not affiliated with the school. Every player signed an agreement that they accepted the rules. Students are being kicked out of the game, despite not violating any... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 3, 2023

Contact the Colorado Attorney General to file a consumer protection complaint.

https://coag.gov/office-sections/consumer-protection/

This may also be considered theft and/or fraud. Filing a police report may be appropriate.

You would also have a civil action for breach of...
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