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Contract enforcement

James Phillips
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…

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Breach of Contract
James Phillips
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…

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Extension of Economic Loss Rule
James Phillips
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,…

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