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Colorado Contracts Questions & Answers
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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2 Answers | Asked in Contracts and Construction Law for Colorado on
Q: Can a contractor charge me additional money after I paid the invoice in full?

A subcontractor "forgot" about additional charges over a week later and now the subcontractor is trying to charge me additional money.

I am the owner, and was told that the job was paid in full. Now, a week after, they are charging more money with no itemized bill.

James Alan Greer
James Alan Greer answered on Sep 1, 2020

Dear Questioner facing extra-contractual charges: I am unclear if you are the Contractor or the Owner in the description you provided. However, while there would be nuances in my legal analysis and recommendations depending upon your respective "role", the basic answer remains the same.... Read more »

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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... Read 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 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... Read 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 Consumer Law, Contracts and Products Liability for Colorado on
Q: Can I return a used car I bought outright within 3 days?

I bought 2 cars on the 24th... They r turds upon further inspection and I don't want them... Do I have ANY recourse?

Tim Akpinar
Tim Akpinar answered on Jul 21, 2020

A Colorado attorney could advise best, but your question remains open for four weeks. As a GENERAL premise of contract law, the deal is sealed upon signing. SOME jurisdictions have provisions for rescission with certain types of contracts. But it would be best for you to contact a Colorado attorney... Read more »

1 Answer | Asked in Contracts for Colorado on
Q: If a company allows a third party to under bid a current contract, is that bid rigging?

An independent contractor signs a contract for a specific rate. The company who hires them for the job calls and tells them a third party wants their job for less money than what they're currently making, and to keep the job, they will need to accept an even lower amount than the third party.... Read more »

Andrew John Contiguglia
Andrew John Contiguglia answered on Jul 9, 2020

If you have a signed contract, then you have a signed contract. The terms will control termination and whether you will be obligated to lower your bid in the event someone underbids. But perhaps you get a right to match or get out of the deal. But this is all contract-driven. If there is a signed... Read more »

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... Read more »

1 Answer | Asked in Contracts and Construction Law for Colorado on
Q: What are my options for resolving construction defect dispute with contractor? How can I find legal guidance?

I contracted with a concrete contractor to pour 290 sq. ft. for a concrete patio for $2750. The contract stated the concrete was to be "an average of 4 inches in depth." I pulled 40 measurements (one per lineal ft) from the concrete patio they poured and the depth ranges from 1.67 to 3.75... Read more »

Donald C Eby
Donald C Eby answered on Jul 6, 2020

If the contract has an arbitration clause initiation arbitration is you next step.

1 Answer | Asked in Contracts and Family Law for Colorado on
Q: How can I have myself removed as a co-signer on my son's car loan when the loan has become deliquent?

He's fallen behind over the past 8 months. He's unemployed and that situation is likely to continue for the next several months. He may have to file for bankruptcy, but,if he files for bankruptcy, will that go on my credit record?

John Hyland Barrett III
John Hyland Barrett III answered on Jun 23, 2020

There is not a way to have yourself removed as co-signer. His BK may not go on your credit report, but the non-payment of the loan will. It probably already has.

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... Read more »

1 Answer | Asked in Contracts, Animal / Dog Law and Small Claims for Colorado on
Q: Can a dog rescue take their non-aggressive, healthy dog away from a foster family to euthanize him?

Colorado: We have been fostering a dog for eight weeks. He's never been aggressive in any way, but he does have separation anxiety and he fears loud noises and strangers. He has caused quite a lot of damage to our home, but he is getting a little bit better and more confident every day.... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jun 13, 2020

The rescue legally owns the dog and they can demand him back from you. However, this is probably a liability concern for the rescue to adopt him out to others, although I am a little surprised they want to euthanize him. You could try to negotiate adopting him. It might be helpful to get a lawyer... Read more »

1 Answer | Asked in Contracts and Construction Law for Colorado on
Q: Can I be sued By a contractor, as a old manager of a company that is now dissolved, and a job done 2 years ago?

I used to be a manager for a Construction company, and they’re trying to sue me cause I was their point of contact, for damages that happened, the job was done 2 years ago. And they contacted me 2 months ago, and didn’t ask if we could fix it or anything just plain out wants to charge me. Also... Read more »

Donald C Eby
Donald C Eby answered on Jun 6, 2020

You can be sued, although it seems that you have a strong defense so the suit is unlikely to be successful. Nevertheless, if you are served a Complaint you must answer to avoid a default judgement being entered against you.

If you get served you should contact an attorney to respond on...
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1 Answer | Asked in Contracts, Products Liability and Gaming for Colorado on
Q: I pre-ordered something and was only told by the end of the month that the order was pushed back

nvm disregard

Nelson Patrick Boyle
Nelson Patrick Boyle answered on May 12, 2020

First, I practice in Colorado and not in Texas and I'm not your attorney, so this is intended as general advice and I would suggest you contact a Texas attorney if you determine you need one. However, you posted this in a Colorado forum. So I'm assuming you're in Colorado.... Read more »

1 Answer | Asked in Contracts and Domestic Violence for Colorado on
Q: Would this law apply also to a land deal we jointly entered a 4 wks ago put $1,000 deposit, can I get that deposit back?

He's held me at gunpoint several times & got arrested for it. I may go into hiding since he's just been released on bond. I want out of the land deal, but the sellers want to keep my $1,000 deposit. They have other buyers waiting to purchase. Sad they want to keep my deposit. Can I... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 5, 2020

I am sorry to hear about your situation. There are laws that allow a person to cancel a lease if there is evidence of domestic violence, so that the victim does not have to live with the abuser. However a land deal would not require the victim to live with the abuser so may well not fall under the... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Colorado on
Q: Buyer can't see land because of COVID-19? A Right of First Refusal or Option to purchase best for seller?

I have land for sale in Colorado and a very interested buyer from Oklahoma. They have seen a video of the property but they can't travel to see it themselves until May or June because of COVID-19. What is the best agreement to make to sell the property and accommodate them? A Right of First... Read more »

Donald C Eby
Donald C Eby answered on Apr 4, 2020

Why don't you just put the property under contract with a closing date in June and an option to terminate after inspection?

An option does not obligate them to buy, but it does obligate you to sell to them, i.e. you can't sell to anyone else in the mean time. I don't see...
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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on
Q: can i put a non-refundable pet fee in my lease in colorado?

i know in Colorado security deposits have to be refundable, and so does pet deposits, but can i put a pet fee on my lease that can be non-refundable? just wondering if that's legal in Colorado

Donald C Eby
Donald C Eby answered on Mar 31, 2020

Yes - You can use a Non-Refundable Pet Fee in Colo.

1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Tax Law for Colorado on
Q: How much in average does it cost to draft up a two part buyer and assignment contract
James Alan Greer
James Alan Greer answered on Mar 25, 2020

Contract Request: if I understand your question, you need a Purchase Contract (?) for real estate (?) with two buyers, and then a subsequent assignment of that contract (?). We offer Fixed Fee for transactional work of this nature. It would be less than $1000.00. But I'd really need to get a... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Colorado on
Q: can a person reduce or rescind a monetary offer made via a letter written by their lawyer?

a letter was drawn up but not given to me for a monetary offer. The person has decided to lower their offer. I have seen said letter

Donald C Eby
Donald C Eby answered on Mar 17, 2020

The offeror can change or rescind his offer until that offer is accepted and becomes an agreement.

1 Answer | Asked in Contracts and Real Estate Law for Colorado on
Q: Will memo line on a check serve binding on a real estate sale with no official sales contract?

I purchased land on October 29th, 2018 and on the memo line I wrote "purchase of 40 acres balance approximately 41,000". The total price was 121,000.00 and I put 80,000.00 down and rest to be paid at closing. Seller hears that I have an enormous offer and begins figuring a way to... Read more »

Donald C Eby
Donald C Eby answered on Mar 1, 2020

Is it good enough? It is certainly better than nothing. It is likely that the check along with testimony will be sufficient to prevail. You have an an issue that all contracts for the purchase and sell of real estate in CO must be in writing, as such if the opposing smells a big profit you need... Read more »

1 Answer | Asked in Contracts and Products Liability for Colorado on
Q: Zales lost an heirloom ring I took in to get repaired .. what are my options what can I expect
Tim Akpinar
Tim Akpinar answered on Feb 29, 2020

As a first step, you could check whether they have any agreements or contracts that address property left for their safekeeping. You could also consult with Colorado attorneys familiar with bailments. Entities sometimes carry insurance for such losses - that's an individual decision on their... Read more »

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