Contract enforcement
Unilateral Addition of Arbitration Clause Enforceable
May 10, 2023
Unilateral Addition of Arbitration Clause Enforceable. The Colorado Court of Appeals in Macasero v. ENT Credit Union (2023COA40) addressed a party’s ability to add an arbitration clause to a contract through constructive electronic notice. The plaintiff took out an auto loan. The terms of the loan agreement provided for notices to be delivered by electronic […]
Unjust Enrichment Remedy Recognized Where Express Contract Exists
May 17, 2022
The Colorado Court of Appeals (2022COA50) recognized an equitable principle that allows for recovery under a theory of unjust enrichment despite there being an express contract between the parties. The case involved a contract for the installation of siding on a home. The siding company did not complete the project in a timely manner, leading […]
Contractual Liability Limitation Enforcement
October 5, 2021
Contractual Liability Limitation Enforcement. The Colorado Court of Appeals has ruled that an ambiguous limitation of liability clause in a contract between sophisticated commercial entities is enforceable. The case deciding this issue was Johnson Nathan Strohe, P.C. v. MEP Engineering, Inc., Case No. 20CA0950 (Colo. App. Sept. 23, 2021), https://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2021/20CA0950-PD.pdf. The case involved a dispute […]