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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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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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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