Contracts form the core of most business relationships in Colorado. Whether the contract covers goods, services, rent, employment or virtually any other facet of business, the parties to the agreement are expected to hold up their end of the bargain. When a party fails to perform their contractual obligations, a breach of contract lawsuit may be on the horizon.
Elements of a Breach of Contract Claim
Under Colorado law, the plaintiff (i.e. the party asserting the breach of contract claim) must be able to prove all four of these elements:
- A valid contract exists between the plaintiff and defendant
- The plaintiff substantially performed their own duties under the contract (or was justified in not doing so)
- The defendant failed to perform their duties as required by the contract
- The defendant’s breach of the contract caused damages to the plaintiff
Every breach of contract case is different, with different disputes over any or all of the foregoing elements.
