When promises crumble, contracts shatter, and trust is tested, you find yourself navigating a maze of disputes and financial uncertainties. In today’s dynamic legal terrain, the call for a trusted Colorado breach of contract attorney echoes loudly. However, proving a breach of contract can be difficult if you lack knowledge of Colorado’s unique legal landscape.
The Sitterly Law Firm’s breach of contract attorney, Nick Sitterly, can aid in your breach of contract claim battle by educating you on general breach of contract elements for your benefit. He has your best interests in mind, which is why he wants to guide you through the common proof required in a Colorado breach of contract lawsuit.
To help you better understand your situation, let’s explore common contract types, the elements needed in a breach, how to prove a breach, and the reliefs and remedies available to you.
Common Types of Contracts
The best way to prevent a breach of contract is with clear terms. Nick Sitterly is a business attorney specializing in contract disputes who can help you draft a precise legal contract, regardless of the type you need. Precision helps prevent the trouble of a breach of contract dispute.
Here are some common types of contracts that the Sitterly Law Firm can help you with.
These are the most straightforward types of contracts. Parties explicitly state their terms and obligations in writing or verbally. The proof required for these contracts often involves referring to the actual contract itself.
In these cases, the contract isn’t explicitly written down but implied through the actions and conduct of the parties involved. Proof can be a bit more nuanced in these situations.
For example, an implied contract may exist when someone purchases goods from a retailer. This specifies that the goods will be fit for their intended purpose and free from defects, even without a written contract.
That’s why you don’t have to sign paperwork whenever you go to a store. The nuanced proof is that a service or product should function the way it’s supposed to if sold to someone.
As the name suggests, these contracts are not in writing. Proving an unwritten contract breach often relies on witness testimonies and evidence of the parties’ behavior.
In unilateral contracts, one party makes a promise in exchange for the other party’s performance. Proving a breach in these cases can be tricky, as it requires showing that the performing party didn’t uphold their end of the bargain.
When in doubt, a breach of contract attorney can help analyze your contract to make an assessment of whether a breach has occurred. They can help gather evidence and assess the level of damage for your case.
Essential Elements in a Breach of Contract Claim
To prove a breach of contract in Colorado, you’ll need to establish the following essential elements.
Existence of a Valid Contract
This is the foundation for the law for contract breaches. Without a binding contract, there can be no breach. You must show that the agreement exists with clear contract terms and obligations.
You’ll need to demonstrate that you, the non-breaching party, have fulfilled or were ready to fulfill your obligations under the contractual agreements.
Defendant’s Failure to Perform
This is where the breach comes into play. You must prove that the defendant failed to meet their contractual obligations.
To succeed in your claim, you must show that you suffered damages due to the breach. These types of damages can be financial, such as lost profits, or non-financial, like reputational damage.
If you believe that your contract has been breached, you may be entitled to compensation. Without contacting a reputable and detailed contract breach lawyer to assess your case, there’s no way to know for sure.
Contract law attorneys in Colorado, like Nick Sitterly, can help you determine whether a breach has occurred.
Proving a Breach of Contract
Proving a breach of contract requires several pieces of evidence. Below are common forms of proof required for your breach claim to be valid.
Having a well-documented contractual agreement is your strongest ally. This includes emails, letters, and any written communication that support your case.
Eyewitnesses who can testify about the contract and the defendant’s failure to follow through with agreed-upon obligations are strong forms of evidence.
Sometimes, you may need an expert witness, especially if the breach involves technical or specialized knowledge. A general witness may not be enough.
Keeping records of performance or lack thereof is crucial if your contract relates to a service, product, or delivery. This type of evidence is especially important in a breach of contract related to employment agreements.
Any correspondence between the parties regarding the breach or attempts to resolve the issue can be compelling evidence.
An attorney can help you gather evidence and explain the reliefs and potential remedies that come after you’ve proven a breach.
Relief and Remedies for a Breach of Contract
Once you’ve proven a breach of contract, you can seek remedies and relief. Here are some of the most common remedies.
These are reimbursements designed to compensate you for the financial losses you suffered due to the breach. They put the non-breaching party in the position they would have been in if the contract had been fulfilled without any breach.
In some cases, the court may order the breaching party to fulfill their contractual obligations as originally agreed upon. This remedy is used when money damages wouldn’t adequately compensate the non-breaching party.
Cancellation and Restitution
This is when one party seeks to undo the contract and be restored to the position they were in before the contract was in place. This option allows you to cancel the contract and recover any benefits or property you provided to the other party.
If the contract includes a provision specifying the amount of damages in case of a breach, you can seek those damages. Liquidated damages serve to provide certainty and predictability in situations where calculating actual damages might be challenging.
Trust Our Knowledgeable Colorado Breach of Contract Attorney With Your Case
The Sitterly Law Firm provides legal representation involving business law and civil litigation. Our reputable attorney will always safeguard your rights and prioritize your best interests regarding business and contractual disputes. If you find yourself facing a breach of contract situation, don’t hesitate to seek guidance.
Nick Sitterly is a fighter here to help you navigate the legal complexities and ensure your rights are upheld in Colorado. He’s not afraid to back down, so neither should you!
Contact Colorado breach of contract attorney Nick Sitterly for legal assistance today!