Breach Of Contract And Interference With Contract Litigation
The Colorado contract attorneys at Thomas P. Howard, LLC are extremely familiar with the law of contracts. Thomas P. Howard, LLC litigates legal disputes related to contracts on a regular basis. Thomas P. Howard, LLC’s attorneys have been handling breach of contract related lawsuits and litigation for over 20 years. Thomas P. Howard, LLC regularly addresses contractual matters arising from intellectual property issues, including copyright, trademark, patent and trade secret, as well as business issues, including:
- Partnership and member /manager disputes
- Operating agreement disputes
- Business lease disputes
- Construction contract disputes
- Employee contractual disputes
- Independent contractor disputes
- Breach of fiduciary duty disputes
- Breach of good faith and fair dealing claims
- Fraudulent transfer of assets claims
Breach of contract claims often involve formal “written” contracts signed on a dotted line. That said, enforceable contracts come in all shapes and sizes, both written and unwritten. The contract litigation lawyers at Thomas P. Howard, LLC regularly litigate a large variety of contractual claims. Several forms of contractual agreement other than standard “written” contracts are the following:
Electronic contractual agreements
Under the Colorado Uniform Electronic Transactions Act (C.S.A. § 24-71.3-101, et. seq), courts can treat emails and even text messages as though they were signed paper writings. Courts can enforce contracts based on emails and text messages if they show agreement on all the key terms necessary to form a contract. Attorneys at Thomas P. Howard, LLC understand the nuances of these laws and how they can be used to enforce emails or even text messages as contracts. Emails or text messages demonstrating a contract can be used as a basis for a breach of contract claim.
Oral contractual agreements
Some breach of contract claims can rely on oral, unwritten contracts if they do not violate the statute of frauds. For example, courts can enforce oral, unwritten contracts for services that can be performed within one year after the contract is made. C.S.A. § 38-10-112.
If you are selling or purchasing goods commercially, the Uniform Commercial Code, or UCC, may well govern your claims. The UCC does away with certain “traditional” contractual rules in order to help merchants do business. For example, the UCC allows courts to enforce shipping purchase orders as contracts without any actual signed “contract.” C.S.A. § 4-2-206.
Off contract claims for breach
Lastly, if you have provided goods or services to another person or business without a binding contract and have not been paid for the same, you may still be able to obtain damages through claims for quantum meruit, unjust enrichment, or promissory estoppel, depending on the circumstances. All of these remedies depend greatly on the facts of your individual case.
Thomas P. Howard, LLC has been litigating breach of contract matters for over 20 years.
Thomas P. Howard, LLC has successfully handled innumerable lawsuits arising from breach of contract and interference with contract disputes. Several examples are as follows:
- Thomas P. Howard, LLC recently obtained a successful settlement on the behalf of a business client sued for breach of contract and several other claims arising from a dispute between business competitors.
- Thomas P. Howard, LLC recently obtained a successful resolution to a dispute arising from a breach of contract by a business contractor.
- Thomas P. Howard, LLC recently obtained a successful court judgment arising from the breach of a business contract by an employee.
- Thomas P. Howard, LLC recently obtained a successful settlement on behalf of a client subsequent to a breach of contract dispute arising from the sale of real property.
- Thomas P. Howard, LLC in Saturn Systems v. Militare went to trial in Denver District Court and obtained a judgment on behalf of Plaintiff for damages and attorneys’ fees arising from breach of contract and theft of trade secrets. The court further issued an order for permanent injunctive relief barring use or disclosure of the client’s trade secrets. The decision was appealed. On appeal Thomas Howard again represented Saturn Systems. The Colorado Court of Appeals very recently upheld the decision of the trial court and awarded legal fees to Thomas Howard’s client for the cost of litigating the appeal.
- Thomas P. Howard, LLC recently represented plaintiff, counterclaim and cross claim defendants through trial in a breach of contract, defamation, interference with contract and conspiracy matter in Colorado district court involving counterclaims and cross claims against Thomas P. Howard, LLC’s clients alleging over $500,000 in damages. The Colorado district court awarded Thomas P. Howard, LLC’s clients damages, dismissed every counterclaim and awarded attorney’s fees to Thomas P. Howard, LLC’s clients. Thomas P. Howard, LLC was again retained on appeal; the Colorado Court of Appeals upheld the decision of the district court.
- Thomas P. Howard, LLC went to trial in Arapahoe District Court and obtained a judgment for damages and attorneys’ fees arising from breach of contract, unjust enrichment and civil theft.
- Thomas P. Howard, LLC recently defended the owner of a large hotel franchise in a breach of contract dispute. The matter was successfully settled subsequent to discovery.
Contact A Denver Breach Of Contract Attorney
If you have a legal issue that you would like to discuss with an experienced breach of contract lawyer, please call 303-665-9845 to schedule a free initial consultation with a lawyer from our firm. You can also make your appointment with Thomas P. Howard, LLC by e-mail at [email protected].