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Recent Contract Lawyer Cases

Although prior results do not assure a similar outcome, the following recent legal victories may be of interest to you:

On January 26, 2018, the Court in Michael Cantor LLC v. Better Health Rehabilitation, PLLC et al., District Court, City and County of Denver, Colorado, Case No. 17CV32426 granted client’s motion to dismiss and dismissed with prejudice counterclaims brought against firm’s client for:  (a) negligence based upon the economic loss rule and the failure of client’s adversary to establish that client breached any duty outside of client’s contractual obligations; and (b) unjust enrichment based upon the conduct giving rise to the unjust enrichment claim being governed by the employment agreement.

On January 22, 2018, the Court in Suner Group LLC and Omar Suner v. Precious Angels Preschool LLC and Tammy Hickey v. Andres Suner, District Court, Jefferson County, Colorado, Case No. 17CV31034 denied motion to dismiss filed by adversary of firm’s client even though adversary did not sign or negotiate the contract at issue because:  (a)  adversary demonstrated an intent to enter into the agreement and client substantially performed its obligations under the agreement; (b) adversary is bound by the good faith performance doctrine when it is has discretion to control the terms of performance after contract formation; and (c) client plead sufficient facts that it had relied to its detriment on the promises of its adversary.

On December 11, 2017, the Court in John Dardick v. Olson Lawn Care LLC, County Court, Weld County, Colorado, Case No. 2017S000122 entered final judgment after trial in favor of firm’s client and determined that adversary had failed to establish the existence of a contract by a preponderance of the evidence and awarded cost’s in favor of firm’s client.

On February 14, 2017, the Court in Myrna Ruth Meissner v. Scott Dalrymple, et al., District Court, Douglas County, Colorado, Case No. 2016CV31013 granted the motion for appointment of receiver filed by the firm’s client.  The Court noted that in this hotly contested case involving the ownership of three separate houses, it is equable and proper to protect the interests of all the parties by appointing a receiver and that the client’s concerns regarding the possibility of rents and/or profits being irretrievably lost are valid given the history of conflict between the parties.

On February 7, 2017, the Court in Gary Belenski, DDS v. Tamara J. Quinlan, County Court, Adams County, Colorado, Case No. 2016C36611 entered final judgment after trial in favor of firm’s client, determined that the contract entered into by the parties was enforceable, that the opposing party breached the contract and awarded the firm’s client all damages sought by the client under the parties’ contract.

On June 16, 2016, the Court in Kenneth Kanowitz v. Judith Winick, Inc., et al., District Court, Eagle County, Colorado, Case No. 2015CV30284 granted the motion to compel disclosures and supplemental disclosures filed by the firm’s client and awarded the firm’s client his attorneys’ fees and costs, to be paid joint and severally by all opposing parties.

On June 11, 2016, the Court in Robin Smith v. Ronald Phelps, District Court, City and County of Denver, Colorado, Case No. 2012CV6712 denied the motion to modify charging order filed by the opposing party thereby preserving the right of the firm’s client to collect over $30,000 in attorney’s fees and costs arising from the opposing parties’ breach of contract.  The Court agreed with the firm and determined that the opposing parties motion “lacked substantive merit” and is “disingenuous” and that “there is no basis for the Court finding that Smith is not entitled to the attorneys’ fees and costs that he has already received in enforcing the charging order or that he may claim in the future”. Breach of contract lawyer Nick Hansen.

On January 12, 2016, the Court in Gary Anderson v. Pratt & Miller Engineering & Fabrication, Inc., District Court, City and County of Denver, Colorado, Case No. 2015CV32156 denied the motion to dismiss for lack of personal jurisdiction filed by the Michigan based Defendant in an attempt to dismiss the case filed by the firm’s Colorado based client and concluded that “it has specific personal jurisdiction over Defendant in Colorado for Plaintiff’s claims that Defendant, upon terminating the independent contractor relationship with Plaintiff, failed to honor certain obligations to Plaintiff.”

On November 5, 2015, the Arbitrator in a dispute before the American Arbitration Association in Denver, Colorado involving the sale of an accounting and financial services company to another accounting and financial services company, determined that the firm’s clients were the prevailing party in the dispute, that the opposing party failed to engage in commercially reasonable efforts to determine the amount of revenue received as required by the parties’ agreements, and awarded the firm’s clients damages, along with their reasonable attorneys’ fees and costs.

On September 17, 2015, the Court in Economy Premiere Assurance Company v. Peter Bullard and Spencer Comfort, District Court, Summit County, Colorado, Case No. 13CV30109 granted the motion for judgment on the pleadings filed by the firm on behalf of its defendant clients, arguing that the economic loss rule bars plaintiff’s negligence claim since the duties allegedly violated giving rise to the negligence claim are encompassed within the parties’ contract, resulting in the dismissal with prejudice of the plaintiff’s complaint.

On August 12, 2015, the Court in Michele Pierce et al. v. Geno Golynko and Midwest Floor Coverings, Inc., County Court, Weld County, Colorado, Case No. 15S179 entered final judgment after trial in favor of firm’s client denying the breach of contract and warranty claims raised by the opposing party against firm’s client.

On June 29, 2015, the Court in Robert Mahoney v. Danielle Froke, District Court, Jefferson County, Colorado, Case No. 2015CV30667 awarded the firm’s client attorneys’ fees against both the opposing party and its law firm as a result of the firm’s successful motion establishing their violation of Rule 11 of the Colorado Rules of Civil Procedure.

On May 5, 2015, the Court in Olson Restoration II, LLC v. Midwest Floor Covering, Inc., District Court, Adams County, Colorado, Case No. 15-C-30073 dismissed the breach of contract claim asserted against the firm’s client because the contract sought to be enforced was missing essential material terms, including the scope of services to be performed, the time period in which the unknown services were to be performed, and the price to be paid for the unknown services.

On April 24, 2015, the Court in Advanced Career Technologies, Inc. v. John Does 1-10 and Daniel Drasin, United States District Court for the State of Colorado, Case No. 13-CV-0304-WJM-KLM awarded the firm’s client $22,405.90 in attorneys’ fees as a result of the firm’s successful motion to dismiss the case.

On January 23, 2015, the Court in Advanced Career Technologies, Inc. v. John Does 1-10 and Daniel Drasin, United States District Court for the State of Colorado, Case No. 13-CV-0304-WJM-KLM dismissed the complaint raised against the firm’s client alleging violations of the Lanham Act, common law trade libel and violations of the Colorado Consumer Protection Act based upon the lack of personal jurisdiction over the firm’s client.

On April 16. 2014, the Court in Data Engineering, LLC v. Computhink, Inc., District Court, Jefferson County, Colorado, Case No. 13CV32442 granted the motion to compel arbitration filed by the firm on behalf of its client and stayed the complaint based upon breach of contract filed by the opposing party.

On January 28, 2014, the Court in Stefani Whiteman v. Michael Zavell, et al, District Court, Denver County, Colorado, Case No. 2013CV31874 entered final judgment after trial in favor of firm’s client denying all claims raised by the opposing party and granting damages to client in connection with client’s breach of contract counterclaim.

Hansen Law Firm, LLC, d/b/a Colorado Contract
3773 Cherry Creek N. Dr., Suite 575, Denver, CO 80209


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