Breach of contract is a cause of action or claim in civil litigation (lawsuits) that provides the legal basis for a person or entity to recover its damages/losses when another person or entity breaches an enforceable written or verbal agreement (contract) by breaking one or more promises in the agreement.
In Colorado, a breach of contract occurs when one party fails to fulfill their obligations under a contract, whether it's written or verbal. The aggrieved party can seek legal recourse through civil litigation to recover damages. Colorado law requires that the contract must be valid, meaning it contains all the elements of a binding agreement, including offer, acceptance, mutual consent, and consideration. The plaintiff must prove that a contract existed, the contract was broken, the plaintiff upheld their part of the agreement, and as a result of the breach, the plaintiff suffered losses. The statute of limitations for breach of contract in Colorado is generally three years for oral contracts and six years for written contracts. However, specific types of contracts may have different limitation periods. If successful, the plaintiff may be awarded compensatory damages to cover the losses directly resulting from the breach. In some cases, punitive damages, specific performance, or other remedies may also be available, depending on the circumstances and the terms of the contract.