What Constitutes Breach of Contract in Colorado?

Sitterly Law Firm’s Colorado breach of contract attorney, Nick Sitterly, provides legal expertise, advocates for your rights, and navigates the legal system on your behalf regarding all contract-related issues.

Whether through negotiation, litigation, or alternative dispute resolution, having a breach of contract lawyer by your side can significantly increase your chances of achieving a successful outcome. The Sitterly Law Firm deeply cares about your rights, so below is a guide on Colorado’s breach of contract cases to help you better understand contract breaches.

The 4 Fundamental Elements of a Breach of Contract Claim

Contracts are the heart of any business transaction, legal agreement, or personal commitment. They create a framework of trust and expectations between parties. 

However, when one party fails to honor their contractual obligations, it can lead to a breach of contract claim. There are some fundamental elements of breach of contract claims in Colorado you should know about, as well as the specifics of a breach and the available remedies.

Proving a breach of contract means you must have these 4 essential elements.

1. Existence of a Contract

The first and foremost requirement for a breach of contract claim is the existence of a valid contract. This contract can be written, verbal, or implied, but it must clearly outline the terms and conditions agreed upon by the parties involved. Without a valid contract, there cannot be a breach of contract claim.

2. Performance by the Plaintiff

The plaintiff–the one who brings the case against another in a court of law–must demonstrate they have performed their obligations outlined in the contract or had a valid justification for not doing so. This shows that the plaintiff upheld their end of the bargain.

3. Failure To Perform by the Defendant

For a breach to occur, the defendant–the person or group that civil action was taken against–must have failed to fulfill their obligations as specified in the contract. This breach of contract can take various forms, such as non-performance of the contract, incomplete work, or a delay in performance.

4. Resulting Damages to the Plaintiff

To succeed in a breach of contract claim, the plaintiff must show that they suffered actual damages due to the breach. These damages can be financial, reputational, or even emotional. Proving causation between the breach and the damages is crucial.

A breach of contract law firm, such as Sitterly Law Firm, can help analyze your case to prove if your case is valid and if you’re liable for compensation.

The Specifics of a Breach

Understanding the specifics of a breach of contract is essential, as not all breaches are equal.

Types of Breach of Contract

Colorado law distinguishes between a few main types of breaches.

A material breach is a substantial failure to perform the contract’s essential terms. The non-breaching party can typically terminate the contract and seek remedies in such cases. For example, a tenant’s contract can be terminated if they don’t pay rent for several months because it goes against the core of the contract. 

A non-material breach involves minor or immaterial violations of the contract terms. In such instances, the non-breaching party may be entitled to damages but may not have the right to terminate the contract. As an example, in a construction contract, if the contractor experiences minor delays that don’t significantly impact the project timeline, it may be considered a non-material breach.

When a party performs some of their contractual obligations but not all, it can be considered a partial breach. In Colorado, the injured party can seek damages for the incomplete performance and may still be able to enforce the remaining parts of the contract. For example, in a manufacturing contract, if a supplier delivers only a portion of the ordered goods without a valid reason, it may be a partial breach.

Remedies and Damages for a Breach of Contract

When a breach of contract occurs in Colorado, the injured party has several potential remedies.

Compensatory Damages

These are designed to compensate the non-breaching party for their actual losses resulting from the breach.

Legal Expertise

Lawyers provide invaluable legal advice and ensure that their clients understand their rights and obligations under the contract.

Specific Performance

In cases where money damages are inadequate, the court may order the breaching party to fulfill their contractual obligations.


The contract is canceled, and both parties are returned to their pre-contractual positions.

Punitive Damages

Punitive damages may be awarded to punish the breaching party in cases of willful misconduct.

Liquidated Damages

If the contract specifies a pre-agreed amount to be paid in case of breach, the court may enforce this provision.

Sitterly Law Firm’s Experienced Colorado Breach of Contract Attorney Can Help You

At the Sitterly Law Firm, breach contract lawyer Nick Sitterly will carefully listen to your situation and examine your case. With a gritty and determined approach, he’s ready to fight for your rights and navigate the complexities of Colorado contract law. Knowledge is power when it comes to protecting your interests in contractual agreements.

Consult Colorado breach of contract attorney Nick Sitterly to examine your case today!