The failure of a contracting party to substantially perform the terms and conditions of a service contract entitles the other party to the contract to sue for damages resulting from the breach of the contract. The measure of damages in such cases is generally held to be the amount above the contract price that it costs the other party to complete the services in accordance with the terms of the contract.
The Colorado General Form of Complaint for Breach of Contract is a legal document used in the state of Colorado to initiate a lawsuit against a party that has breached a contract. This complaint is the first step in a legal process and outlines the details of the breach, the parties involved, and the requested relief. The form begins with a caption, which includes the name of the court, the county where the action is filed, and the names of the plaintiff(s) and defendant(s). This information ensures that the complaint is properly filed and tracked within the court system. Next, the complaint provides a brief introduction, explaining that the plaintiff(s) are seeking damages for the defendant(s)' failure to fulfill their contractual obligations. It may also mention any specific terms or agreements that have been violated. Following the introduction, the complaint consists of numbered paragraphs that provide a detailed account of the breach. These paragraphs may include specific allegations, such as failure to perform agreed-upon services, non-payment, or failure to deliver goods as promised. Each allegation should be clear, concise, and supported by facts that help establish the breach of contract. The complaint should also state the type of relief sought by the plaintiff(s). This may include monetary damages to compensate for any losses incurred due to the breach, specific performance (i.e., forcing the defendant to fulfill their obligations), or other forms of equitable relief. Additionally, the Colorado General Form of Complaint for Breach of Contract may include special provisions or elements based on the specific circumstances of the contract. For example, if the contract included a provision for attorney's fees in case of a breach, the complaint may request recovery of these fees. Different types of contracts, such as employment agreements, construction contracts, or lease agreements, may have their own specific requirements and remedies. It is worth noting that while the Colorado General Form of Complaint for Breach of Contract provides a helpful starting point, it is essential to consult with an attorney or legal professional to ensure that all necessary information is included and the complaint is tailored to the specific circumstances of the case.
