Chapter 26 - § 26.3 • CONCLUSION

• Jurisdiction: Colorado

§ 26.3 • CONCLUSION

Practitioners may want to consider adding a provision to the standard separation agreement that either specifically releases or waives any potential tort liability or preserves the right to bring a tort or contract action. While the effectiveness of this type of release or preservation clause has not been determined in Colorado, it is supported by contract law. See Heckman v. Manning, 4 Colo. 543 (1879); see also Heil Valley Ranch, Inc. v. Simkin, 784 P.2d 781 (Colo. 1989). If there is no contemplated future tort claim, the opposing party should not object to such a request. If the opposing party does object, it raises the possibility that such a suit is being contemplated. In that case, the separation agreement may need to be renegotiated. Failure to consider and address...