Chapter 4 - § 4.1 • BREACH OF CONTRACT

• Jurisdiction: Colorado

§ 4.1 • BREACH OF CONTRACT

A "contract" is a mutual agreement, a "meeting of the minds," to sufficiently definite terms.³ Most contracts relating to the sale of land or a new home must be reduced to a writing to be effective.⁴ A complete discussion of the rights and responsibilities of the parties to a construction contract is contained in Chapter 1 of Colorado Construction Law, Second Ed. (Robert E. Benson et al. eds., CLE in Colo., Inc. 2020), "The Construction Process and Parties." Generally, the plaintiff must establish the following to prove breach of contract: (1) the contract's existence; (2) the plaintiff's performance or justifiable nonperformance; (3) the defendant's failure to perform; and (4) damages.⁵

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Notes:

^[3] Winston Fin. Grp., Inc. v. Fults Mgmt., Inc., 872 P.2d 1356, 1358 (Colo. App. 1994).

^[4] C.R.S. §§ 38-10-108 through -110.

^[5] Montemayor v. Jacor Commc'ns, Inc., 64 P.3d 916, 920 (Colo. App. 2002) (citing W. Distrib. Co. v. Diodosio, 841 P.2d 1053, 1058 (Colo. 1992)).