Denver Breach of Contract Attorney
Contracts are legally binding agreements that work to ensure the parties involved abide by the terms of the agreement. Most business transactions involve contracts; from contracts that set the terms of employee compensation to those that ensure the delivery of goods and services, contracts govern many aspects of a business’s daily operations and are essential to the success of any organization.
When a party breaches a contract or fails to hold up its end of the bargain, the results can devastate the party that acts in good faith. The plaintiff in a breach of contract case has many protections and rights under the law, and several remedies may be available to resolve a breach of contract. If a party with which you have done business has failed to fulfill their obligation to you, Denver breach of contract attorney Nathan Davidovich can help you obtain a favorable outcome to your breach of contract claim.
Understanding Breach of Contract
Breach of contract is a common civil claim. There are many ways a contract can be breached or “broken.” When one party fails to abide by the terms of a contract or communicates the intent to fail to fulfill their obligations as expressed in the contract, a breach occurs. A contract breach is possible in written and unwritten contracts; however, one has a better chance of proving a breach of contract took place with a written contract.
To win a breach of contract suit, the plaintiff must show that a valid contract existed between the plaintiff and the defendant(s).
What Makes a Contract Valid?
Under the law, two or more parties must have entered an agreement to be bound to one another to establish a contract. In order for the contract to be considered valid, all parties to a contract must be competent. Additionally, the terms of the contract must be clear and complete for the parties to have legally reached an agreement.
Required Elements in a Breach of Contract Claim
A competent breach of contract lawyer in Denver will make sure all elements of a breach of contract claim can be met before bringing forth a claim against the allegedly breaching party, or defendant. The following elements must be established for the party bringing forth the claim, or plaintiff, to recover damages:
The plaintiff must prove that a valid contract exists.
- The plaintiff must show that they substantially performed the duties they agreed to perform as expressed in the contract, or that they were justified in not performing their duties.
- The plaintiff must show that the other party failed to perform their duties as expressed in the contract.
- The plaintiff must have suffered losses — such as monetary losses — that they can recover as a result of the other party’s failure to fulfill the agreed-upon obligations expressed in the contract. Typically, contracts hold the breaching party liable for paying the plaintiff’s attorney’s fees and court costs.
Colorado Statute of Limitation for Breach of Contract
If you are considering bringing forth a breach of contract claim in Colorado, you should note that the state has a statute of limitations for doing so, meaning there is a narrow window of time in which you may legally bring forth the claim.
The statute of limitations in Colorado for a breach of contract claim may be two or three years from the date on which the breach of contract was discovered or should have been discovered. The time limitation varies by the type of claim you wish to pursue. Considering the unique nature of each case, you are advised to seek counsel from an experienced breach of contract attorney in Denver as early as possible to understand exactly how much time you have to bring forth a breach of contract claim.
Protect Your Rights with a Nearby Breach of Contract Attorney
For over 55 years, Denver breach of contract lawyer Nathan Davidovich has provided excellent and thorough legal counsel and representation in employment matters. He strives to provide his clients with the most important qualities they can find in an attorney, including the “Three C’s” for a lawyer who is conscientious, a lawyer who communicates openly with his clients, and a lawyer who is competent.
Call (303) 825-5529 or contact the Davidovich Law Firm for a consultation.