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 […]

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Breach of Contract

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 […]

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Extension of Economic Loss Rule

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), The case involved a dispute […]

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