Colorado Complaint for Amount Due for Work and Labor Done on Open Account Basis - Breach of Oral or Implied Contracts

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An action to recover on an open account is one usually based on an implied or oral contract. Ordinarily, it is not necessary to specify all the individual items that make up the account balance due. Some jurisdictions authorize a short form of pleading that allows a copy of the written statement to be attached, specifying only that a certain sum is due the plaintiff from the defendant. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

The Colorado Complaint for Amount Due for Work and Labor Done on Open Account Basis — Breach of Oral or Implied Contracts is a legal document used in the state of Colorado to initiate a lawsuit against a party who has failed to pay for services or labor provided on an open account basis. This complaint is specifically tailored to cases involving either oral or implied contracts. When filing a Colorado Complaint for Amount Due for Work and Labor Done on Open Account Basis — Breach of Oral or Implied Contracts, it is important to include all relevant information to support your claim. The document should contain the following: 1. Plaintiff Information: Start by providing your name, address, phone number, and any other contact details. This will identify you as the plaintiff pursuing the overdue payment. 2. Defendant Information: Provide the name, address, and contact information of the party who owes the amount due. Make sure to include accurate details to correctly identify the defendant. 3. Court Jurisdiction: Mention the court where you are filing the complaint. Typically, this should be the specific county court or district court within Colorado's judicial system where the amount due falls within the appropriate jurisdiction. 4. Amount Due: Clearly state the total outstanding amount owed for work and labor performed. Include any relevant invoices, receipts, or other supporting documents to validate the claimed amount. 5. Open Account Basis: Explain that the work and labor provided were done on an open account basis, meaning there was an ongoing relationship or agreement between the parties for continued services or labor provision. 6. Breach of Oral or Implied Contracts: Indicate that the defendant has breached their oral or implied contract obligations by failing to pay the agreed amount for the work and labor done. 7. Requested Relief: Specify the relief sought, which is typically the payment of the outstanding amount plus any interest accrued. Additionally, you may request attorney's fees and court costs if allowed by applicable laws. Types of Colorado Complaint for Amount Due for Work and Labor Done on Open Account Basis — Breach of Oral or Implied Contracts could include: 1. Single Invoice Complaint: In cases where there is only one outstanding invoice for work and labor provided, this type of complaint is suitable. It focuses on the specific amount due, associated services, and applicable breach of contract. 2. Ongoing Service Agreement Complaint: If there is an ongoing service agreement between the parties, this type of complaint addresses the accumulated outstanding balance for various services provided over a period of time. It highlights the breach of the oral or implied contract by not paying for all services rendered. 3. Multiple Contract Complaint: In situations where there are multiple oral or implied contracts between the parties, this complaint covers the total cumulative amount due for work and labor provided under these different contracts. It demonstrates the breach of all applicable contracts by the defendant's failure to pay. Properly completing a Colorado Complaint for Amount Due for Work and Labor Done on Open Account Basis — Breach of Oral or Implied Contracts is essential for initiating legal action against a non-paying party. It is advisable to consult with an attorney or legal professional to ensure accuracy and adherence to Colorado's specific laws and court procedures.

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To prevail on a breach of contract action in Colorado the petitioner must prove 1) the existence of a contract; 2) the petitioner performed the contract or had a justification for not performing the contract; 3) the other party failed to perform the contract; and 4) damages.

In each scenario, you're clearly the victim of an obviously broken contract, but the tricky part is determining what type if contract breach occurred and what remedies are legally available to you. Generally speaking, there are four types of contract breaches: anticipatory, actual, minor and material.

There Are Three Major Parts of Every Contract: Offer, Acceptance, and Consideration. To form a contract an offer must be made by the Offeror. The offer must be specific enough that the Offeree can simply say ?I accept? in order to be bound by the contract.

Under Colorado law, there are four elements to a breach of contract claim that the plaintiff must prove: The existence of a contract; Some substantial performance by the plaintiff (or legal excuse for not performing); Failure to perform the contract by the defendant; AND.

In Schust v. Perington,18 the Colorado Supreme Court overruled the trial court's determination that an oral agreement was void under the statute of frauds. Oral contracts are enforceable unless a specific enactment, such as a statute of frauds, renders a particular category of oral contracts unenforceable.

4 Elements of a Breach of Contract Claim (and more) The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.

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Colorado Complaint for Amount Due for Work and Labor Done on Open Account Basis - Breach of Oral or Implied Contracts