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1 Enforceability of Liquidated Damages Provisions in Colorado
https://www.ottenjohnson.com/news-events-resources/otten-johnson-alerts/2016-otten-johnson-alerts/enforceability-of-liquidated-damages-provisions-in-colorado
Liquidated damages clauses frequently appear in commercial contracts, particularly those involving the purchase and sale of real estate.
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2 Colorado Supreme Court upholds optional liquidated ...
https://www.wsmtlaw.com/blog/colorado-supreme-court-upholds-optional-liquidated-damages-provisions.html
Liquidated damages are an amount the parties designate in their contract as a reasonable compensation for a specific breach of a contract. ... at ¶ 10 (quotation ...
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3 § 4-2-718. Liquidation or limitation of damages - deposits ...
https://law.justia.com/codes/colorado/2016/title-4/article-2/part-7/section-4-2-718
(1) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or ...
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4 Liquidated Damages for Lease Breaches - Colorado Attorneys
https://frascona.com/liquidated-damages-for-lease-breaches/
The Colorado courts look to three factors in determining whether a clause purporting to liquidate damages in advance is enforceable: (1) the anticipated  ...
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5 Liquidated Damages - Ruebel & Quillen, LLC
https://www.rq-law.com/news/liquidated-damages/
On January 28, 2016, the Colorado Court of Appeals discussed the meaning of 'having one's cake and eating it too' within the context of a contract clause which ...
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6 Enforceability Of Liquidated Damage Clauses In Physician ...
https://www.bairdquinn.com/blog/enforceability-of-liquidated-damages-clauses-in-physician-non-compete-agreements/
A liquidated damages clause specifies a predetermined amount of money that must be paid as damages for failure to perform under a contract (such ...
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7 Who says you can't choose between liquidated damages or ...
https://www.jdsupra.com/post/contentViewerEmbed.aspx?fid=63f8a332-4ea8-4fcd-aaf1-f19c59232aa0
The Colorado Supreme Court concluded that, as a matter of freedom of contract, a liquidated damages clause is enforceable when the contract allows the injured ...
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8 Are liquidated damages clauses enforceable in Colorado?
https://www.builtincolorado.com/blog/are-liquidated-damages-clauses-enforceable-colorado
Are liquidated damages clauses enforceable in Colorado? ... Parties to a contract often try to negotiate the anticipated damages in the event of a ...
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9 CO Cts Determine Enforceability of Liquidated Damages
https://www.natlawreview.com/article/mile-high-non-compete-law-colorado-court-appeals-determines-enforceability
Of particular interest was the Court's treatment of a liquidated damages provision in the agreement. Pursuant to a Colorado statute (8-2-113(3), ...
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10 Don't Discount Your Disclosure: Nondisclosure Agreements ...
https://www.geraghtylawoffice.com/blogs/2020/9/8/leaf-me-alone-colorado-tree-law-on-encroaching-or-boundary-trees-3taxy
Courts in any state will not enforce a penalty. This is because a liquidated damages provision, like general breach of contract damages, is ...
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11 Boulder Business Lawyer | Liquidated Damages in Colorado
https://www.laszlolaw.com/boulder-business-lawyer-liquidated-damages-in-colorado/
Liquidated damages are damages the parties agree to at the time of contracting for which the non-breaching party will be entitled to upon the ...
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12 Klug: Recent case illustrates law of liquidated damages in ...
https://www.summitdaily.com/opinion/klug-recent-case-illustrates-law-of-liquidated-damages-in-colorado-column/
The Colorado Supreme Court's recent decision in Ravenstar v. One Ski Hill Place illustrates the law of “liquidated damages.”.
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13 Case 1:18-cv-02295-CMA-NYW Document 134 Filed 06/11/21 ...
https://www.govinfo.gov/content/pkg/USCOURTS-cod-1_18-cv-02295/pdf/USCOURTS-cod-1_18-cv-02295-5.pdf
FOR THE DISTRICT OF COLORADO. Judge Christine M. Arguello ... Whereas liquidated damages are legally recoverable if breach occurs, a penalty.
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14 Colorado Revised Statutes Title 4. Uniform Commercial Code ...
https://codes.findlaw.com/co/title-4-uniform-commercial-code/co-rev-st-sect-4-2-718
(1) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual ...
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15 Non-breaching party may choose between liquidated ...
https://www.lexology.com/library/detail.aspx?g=9b18d9f6-f877-485a-90b5-b4581c3142c1
Second, “[t]he rule in Colorado is that if there is a liquidated damages clause and the liquidated amount is paid and accepted, it constitutes ...
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16 Liquidated damages provisions in Colorado: Alternatives ...
https://ccr-mag.com/liquidated-damages-provisions-in-colorado-alternatives-allowed-2/
Are liquidated damages clauses that allow a non-breaching party to elect an alternative remedy (like lost profits) permissible expressions ...
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17 Breach of Contract Cases: What You Need to Know
https://www.omtrial.com/what-you-need-to-know-about-contract-breaches/
However, liquidated damages provisions are not always enforceable; under Colorado law, liquidated damages will only be awarded when certain conditions are ...
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18 Colorado Court Of Appeals Weighs In On Contractual ...
https://www.moyewhite.com/news-insights/blog/may-2016/colorado-court-of-appeals-weighs-in-on-contractual-liquidated-damages-clauses-and-how-it-may-impact-franchise-agreements
The builder's contract contained a liquidated damages provision which gave the builder the option to either take “all or part” of the deposit as ...
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19 Model_IT_Services_Contract_for... - Colorado Secretary of State
https://www.sos.state.co.us/pubs/elections/CampaignFinance/files/Model_IT_Services_Contract_for_CF_IVV.pdf
The State may require. Contractor to make direct payment of such liquidated damages. B. Termination for Cause and/or Default. If Contractor fails to perform any ...
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20 Liquidated Damages Clause in Physician Non-Compete ...
https://www.healthemploymentandlabor.com/2018/04/10/liquidated-damages-clause-in-physician-non-compete-agreement-ruled-unenforceable-in-colorado/
Of particular interest was the Court's treatment of a liquidated damages provision in the agreement. Pursuant to a Colorado statute (8-2-113(3), ...
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21 REVISED - Colorado General Assembly |
https://leg.colorado.gov/sites/default/files/documents/2019A/bills/2019a_085_rev.pdf
"LIQUIDATED DAMAGES". 13. DOES NOT CONSTITUTE A PENALTY TO THE EMPLOYER. 14. (8) "SEX" MEANS AN EMPLOYEE'S GENDER IDENTITY.
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22 Proposed Liquidated Damages and Incentives
https://coloradosprings.gov/sites/default/files/inline-images/r19-003_ip_ambulance_service_exhibit_11_liquidaded_damages.pdf
Exhibit 11 Proposed Ambulance Contract Liquidated Damage Schedule. The information provided in this exhibit includes both the minimum level and the ...
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23 Time to Dust Off Colorado Physician Liquidated Damage ...
https://www.polsinelliatwork.com/blog/2018/7/2/time-to-dust-off-colorado-physician-liquidated-damage-provisions
Many Colorado physician employment agreements and equity agreements require physicians to pay liquidated damages if the physician competes ...
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24 CONTRACT CLAUSES MANAGING, ALLOCATING, AND ...
https://www.hollandhart.com/files/26-Chap26.pdf
In Colorado, a liquidated damages clause generally is valid and enforceable, if: 1) at the time the contract was entered into, the anticipated damages in ...
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25 Ravenstar, LLC v. One Ski Hill Place, LLC - Casetext
https://casetext.com/case/v-366
Denver, Colorado CHIEF JUSTICE RICE delivered the Opinion of the Court. ¶1 This case requires us to determine whether a liquidated damages ...
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26 2017-07-20 - Colorado Department of Transportation
https://www.codot.gov/business/designsupport/cdot-construction-specifications/2011-Specs/recently-issued-special-provisions/2017-07-20
2017-07-20. SSP Index - July 20, 2017 · Revision of Section 108 - Liquidated Damages · Revision of Section 108 - Liquidated Damages -- Cover Letter.
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27 The Owner's Right to Choose Either Liquidated Damages or ...
https://www.woodsaitken.com/node/96
The Colorado Supreme Court agreed the alternative damages clauses were enforceable. It reasoned that contracts between competent parties, ...
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28 McConnell Bridge Construction Observation Service - Lyons, CO
http://www.townoflyons.com/AgendaCenter/ViewFile/Item/3233?fileID=7644
____ day of January 2018, by and between the TOWN OF LYONS, COLORADO, ... liquidated damages as provided in the clause set forth in paragraph (2) of this ...
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29 liquidated damages | Wex - Law.Cornell.Edu
https://www.law.cornell.edu/wex/liquidated_damages
Liquidated Damages are a variety of actual damages. Most often, the term "liquidated damages" appears in a contract, and often is the title for a whole ...
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30 LIQUIDATED DAMAGES IN DELAWARE REAL ESTATE ...
https://www.rlf.com/wp-content/uploads/2020/05/17597_PREL1909_Krapf_Toner.pdf
the contract deposit as liquidated damages for the ... tion to the liquidated damages remedy. Including ... Colorado Supreme Court held that such an option.
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31 Colorado Breach of Contract Remedies | Watson Lawyers - Blog
https://blog.theodorewatson.com/breach-of-contract-remedies/
Liquidated damages clauses should be as precise as possible leaving little room for interpretation. For a breach of a construction contract, delays may trigger ...
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32 In Dispute 30:2 Contract Formation - Colorado Judicial Branch
https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Committees/Civil_Jury_Instructions_Committee/Chapter%2030.pdf
30:40 Damages — Liquidated. 30:41 Damages — Nominal ... 30:45 Damages — Builder's for Breach of Construction Contract by Owner Prior to. Completion.
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33 Colorado Court Assesses Liquidated Damages in Non ...
https://uk.practicallaw.thomsonreuters.com/w-014-1661?transitionType=Default&contextData=(sc.Default)
Greater Colorado Anesthesia, P.C. in which the court held that under Colorado statute Section 8-2-113 (Colo. Rev. Stat. Ann. s. 8-2-113), a ...
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34 Contract Conversation | Actual v. Consequential v. Liquidated ...
https://asacolorado.com/health/#!event/2020/10/21/contract-conversation-actual-v-consequential-v-liquidated-damages-and-how-to-handle-in-contracts
Liquidated Damages and How to Handle in ContractsMelissa Ogburn, AttorneyNixon ... ... Colorado Safety Association | tchapman@coloradosafety.org ...
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35 Unpaid Employees Can Recover Federal and State Remedies
https://thenationaltriallawyers.org/article/18908-2/
Colorado's Wage Act does not provide for liquidated damages, but it does provide for penalties of varying amounts, depending on the amount recovered and ...
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36 resolutions of the crested butte town
https://www.crestedbutte-co.gov/vertical/sites/%7B6058FFBB-CB06-4864-B42F-B476F794BE07%7D/uploads/Resolution_No._12_Series_2016-.pdf
WHEREAS, the Town of Crested Butte, Colorado (the "Town") is a home rule ... liquidated damages for delay (but not as a penalty) the Contractor shall pay ...
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37 THE LEASE BREAK – FUTURE RENT DEBATE
https://www.thslawfirm.com/wp-content/uploads/2015/10/ab26de3873.pdf
Because no Colorado Appellate Court has ... some form of “liquidated damage” or “lease break” clause in their lease rather than a future rent clause.
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38 The Colorado Bar > For Members > Opinions Rules Statutes ...
http://www.cobar.org/For-Members/Opinions-Rules-Statutes/Colorado-Court-of-Appeals-Opinions/View/ArticleId/36/2016-COA-11-No-14CA2401-Ravenstar-LLC-v-One-Ski-Hill-Place-LLC
OSHP responds that Colorado is among the states that allow optional liquidated damages provisions. We first examine the Colorado cases and then turn to ...
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39 Ravenstar, Ltd. Liab. Co. v. One Ski Hill Place ... - LexisNexis
https://www.lexisnexis.com/community/casebrief/p/casebrief-ravenstar-ltd-liab-co-v-one-ski-hill-place-ltd-liab-co
If the non-breaching party elects to pursue the liquidated damages set forth in the contract, it may not in addition pursue the alternative actual damages ...
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40 Liquidated Damages - Creatives Learn Law
https://www.creativeslearn.com/blog/liquidated-damages
Liquidated damages clauses appear when the parties agree when they enter into the contract that it's tough to predict how much damage a breach ...
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41 Liquidated Damages Under the Fair Labor Standards Act and ...
https://www.wick-law.com/s/CWA-and-FLSA-Damages-ieqf.pdf
Penalties Under the Colorado Wage Act are Not Mutually Exclusive ... the Tenth Circuit, Evans appealed the district court's denial of a liquidated damages.
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42 LIQUIDATED DAMAGES IN PURCHASE AND SALE ...
https://www.dlapiper.com/~/media/files/people/yura-mark/_prel2005_liquidated-damages-il-ma.pdf?la=en&hash=7A0E49515A2F20684382973BBF67351E39425432
the Colorado Supreme Court upheld a clause, con- tained in five separate contracts to ... ments in “Liquidated Damages in a Real Estate PSA:.
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43 5 Provisions That Must Be in Your Construction Contract
https://milehighcre.com/5-provisions-that-must-be-in-your-construction-contract/
the predetermined damages due if a triggering event, as outlined therein, occurs. For instance, a typical liquidated damages provision is a ...
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44 Understanding Liquidated Damages
https://www.greenbaumlaw.com/media/publication/248_Legal%20Pipeline,%20June%202008.pdf
for a discussion about liquidated damages (LD), a concept with ... by many courts, including those in Alaska, Alabama, Colorado,.
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45 Liquidated Damages Sample Clauses - Law Insider
https://www.lawinsider.com/clause/liquidated-damages
Liquidated Damages. The Contractor acknowledges that delayed performance will damage the DepartmentCustomer, but by their nature such damages are difficult to ...
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46 Liquidated Damages Clauses in Employment Agreements
https://www.americanbar.org/content/dam/aba/publications/aba_journal_of_labor_employment_law/v34/number-2/liquidated-damages-clauses.pdf
Liquidated damages are contractual clauses used in a variety of contracts to set a fixed amount of damages to be paid in the event of a breach. In most contract ...
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47 Colorado Wage & Hour Attorneys | Colorado Overtime Laws
https://wageadvocates.com/unpaid-overtime-lawyers/colorado/
Federal law says that workers who are successful in wage and hour claims can be awarded liquidated damages. In most cases, a liquidated damages award will ...
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48 Common Claims in Colorado Collection Cases
https://www.robinsonandhenry.com/colorado/litigation/collections/common-claims-collection-cases/
For instance, a prepayment penalty paid by a borrower to pay off a commercial loan is enforceable under the law of liquidated damages. The law ...
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49 STATE OF COLORADO
https://www.colorado.edu/fm/sites/default/files/webform/p-cp275208-cnt-sc-6.21-sun.pdf
MODIFICATION OF ARTICLE 46. TIME OF COMPLETION AND LIQUIDATED. DAMAGES… ... THIS AGREEMENT is entered into by and between the STATE OF COLORADO, acting by.
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50 Liquidated Damages Provisions: Best Practices & Key ...
https://www.franchise.org/sites/default/files/EnforcingAttackingLiquidatedDamages.pdf
Liquidated Damages Under the Restatement (Second) of Contracts . ... The Colorado Court of Appeals, disagreeing with the buyers,.
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51 JIM FLYNN: 'Specific performance' vs 'liquidated damages'
https://gazette.com/news/jim-flynn-specific-performance-vs-liquidated-damages/article_66246e25-1a25-5d5f-bd67-c10fa97348bf.html
› news › jim-flynn-specific-performan...
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52 Physician's Noncompete Unenforceable After He Dissents To ...
https://www.rtacpa.com/2018/08/13/physicians-noncompete-unenforceable-after-he-dissents-to-merger/
The Court also concluded that an amount of damages calculated under a liquidated damages clause in the agreement must be reasonably related to ...
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53 Delay Damages Lawyer Colorado | Denver Attorney | JBP
https://www.jbplegal.com/construction/delay-damages/
For example, you may pursue liquidated damages for a delay by the contractor. Liquidated damages impose a dollar amount that the contractor will be required ...
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54 Garfield County Procurement Department 810 Pitkin Avenue
https://www.garfield-county.com/procurement/filesgcco/sites/25/2021-Vehicles.pdf
The Board of County Commissioners of Garfield County, Colorado ... Assessment of liquidated damages does not prevent the County from.
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55 Understanding The Basic Terms In A Real Estate Contract
https://thedurangoteam.com/understanding-the-basic-terms-in-a-real-estate-contract/
In our state, real estate contracts are more buyer-friendly. Included in a standard real estate contract is a “liquidated damages” clause, which states that the ...
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56 Colorado Enacts Wage Theft Amendments, Increasing ...
https://www.littler.com/publication-press/publication/colorado-enacts-wage-theft-amendments-increasing-employer-penalties
Available damages will include back pay, reinstatement or front pay, 12 percent interest, a penalty of $50 per day per employee, liquidated ...
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57 COLORADO COURT OF APPEALS AGREES THAT DEFAULT ...
https://www.linkedin.com/pulse/colorado-court-appeals-agrees-default-clause-contract-jeffrey-ruebel
They contended that the liquidated damages [LD] provision in their contracts was unenforceable. Plaintiff cited Colorado case law holding ...
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58 Colorado Employers—Get Ready for a Wave of New Laws
https://ogletree.com/insights/colorado-employers-get-ready-for-a-wave-of-new-laws/
This means Colorado age discrimination plaintiffs are no longer limited to the Age Discrimination in Employment Act's (ADEA) liquidated damages ...
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59 Colorado Earnest Money Dispute - William Bronchick
https://bronchicklaw.com/can-a-buyer-be-held-liable-beyond-his-earnest-money-deposit/
The liquidated damages provision is thus an agreed-upon, estimated guess of the actual damages the seller would sustain if the buyer breached the agreement by ...
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60 city of greeley invitation for bid 4th street and 66th avenue ...
https://greeleygov.com/docs/default-source/bid-documents/finalbidnetcc64cdc09bcf6c2b8a5fff0000bd1d61.pdf
City of Greeley, Colorado, the accompanying bid and hereby made a part hereof to enter into a ... Liquidated damages (if any) will be assessed at this time.
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61 Waiver Doctrine and Liquidated Damages - Excell Consulting
https://www.excellconsulting.net/waiver-doctrine/
› waiver-doctrine
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62 STATE OF COLORADO - Planning, Design, and Construction
https://pdc.uccs.edu/sites/g/files/kjihxj1346/files/inline-files/SC%206.21%20Contractors%20Agreement%20%28DBB%29%20-%20Rev%2007-2018.pdf
be subject to any liquidated damages described in Article 7.4 for failure to satisfactorily complete the Work within the time periods in Article 3 above.
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63 Liquidated Damages in Residential Purchase Agreement
https://www.cresinsurance.com/the-significance-of-the-liquidated-damages-provision-in-the-residential-purchase-agreement/
In short, a liquidated damage provision sets a “cap” for damages that a buyer would be obligated to pay the seller, in the event of the buyer's breach of the ...
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64 Liquidated Damages Clause - LegalMatch
https://www.legalmatch.com/law-library/article/liquidated-damages-clause.html
Simply put, liquidated damages are one type of actual damages that may be awarded in a breach of contract claim. A very common example of ...
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65 What Is a Liquidated Damages Clause in Construction Contract?
https://www.levelset.com/blog/liquidated-damages-clause/
Liquidated damages are an amount of money, agreed upon by the parties at the time of the contract signing, that establishes the damages that can ...
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66 13-10 - Hudson, CO
https://hudsoncolorado.org/DocumentCenter/View/2331/RES-13-10_20131025142711
under the laws of Colorado as a statutory town, and Gator Rubbish Removal, ... Town shall not pay any liquidated damages, penalties, or monetary damages as ...
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67 Independent Contractor Services Agreement - Archuleta County
http://www.archuletacounty.org/AgendaCenter/ViewFile/Item/148?fileID=145
The Board of County Commissioners of Archuleta County, Colorado, ... Liquidated damages for Noncompliance of Product to concentration ranges and.
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68 Colorado Court of Appeals Issues Needed Guidance on ...
https://www.bhfs.com/Templates/media/files/Colorado%20Court%20of%20Appeals%20Issues%20Needed%20Guidance%20on%20Physician%20Non-Compete%20Agreements.pdf
been particularly true in Colorado, given the lack of case law ... unenforceable a liquidated damages clause calling for a physician to pay ...
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69 contract amendment number 2
https://www.cde.state.co.us/cdereval/pearsonagreement-amend2
acting by and through the Colorado Department of Education (hereinafter ... Liquidated Damages Dates, Exhibit C-1, Liquidated Damages Dates ...
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70 005253-05---contractors-agreement---sc6-21-dbb-a.pdf
https://www.cuanschutz.edu/docs/librariesprovider260/design-and-construction/guidelines-and-standards/division-00/005253-05---contractors-agreement---sc6-21-dbb-a.pdf?sfvrsn=8a0cb9b9_2
FORM: State of Colorado form “Contractor's Design/Bid/Build (D/B/B) ... shall be subject to any liquidated damages described in Article 7.4 ...
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71 Development Agreement - Pueblo.us
https://www.pueblo.us/AgendaCenter/ViewFile/Item/38292?fileID=136790
of July, 2021 between the City of Pueblo, a Colorado municipal ... First, electing liquidated damages provides certainty of result should Purchaser fail to.
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72 supplement to general conditions of the contract for
https://apps.larimer.org/bids/documents/P20-27_0456564.pdf
The Owner is Larimer County Colorado, identified as such in the Contract and is ... The liquidated damages provided for in this Subparagraph 4.4 shall be in ...
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73 Colorado Latest in Line of Jurisdictions Limiting Non-Compete ...
https://www.reinhartlaw.com/knowledge/colorado-latest-in-line-of-jurisdictions-limiting-non-compete-enforceability/
Second, Senate Bill 6425 would prohibit non-compete agreements for all employees and authorizes liquidated damages up to $10,000 against ...
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74 4 O'RAD0 - Town of Superior
https://www.superiorcolorado.gov/home/showpublisheddocument/19370/637576293619630000
reasonable request by the Colorado Department of Labor and Employment ... If the liquidated damages exceed the amount owed to Contractor,.
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75 Negotiating Enforceable Liquidated Damages Clauses in ...
http://media.straffordpub.com/products/negotiating-enforceable-liquidated-damages-clauses-in-business-contracts-2015-06-02/presentation.pdf
“[T]he fundamental purpose of a valid liquidated damages provision ... Negotiating a liquidated damages provision is ... Colorado (Rohauerv.
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76 What are Liquidated Damages in a Construction Contract?
https://mechanicslien.com/liquidated-damages-construction/
Liquidated damages are meant as a fair representation of losses in situations where actual damages are difficult to determine. Liquidated ...
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77 Construction Delay, Disruption and Acceleration Claims
https://mallon-lonnquist.com/blog/getting-paid-construction-delay-disruption-and-acceleration-claims/
No Damages for Delay Clauses are often included in Colorado construction projects in an attempt to deter a contractor from claiming and ...
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78 Colorado Continues to Whittle Away at Non-Compete ...
https://www.mwe.com/insights/colorado-continues-to-whittle-away-at-non-compete-agreements/
While this provision may read like a liquidated damages provision, the few Colorado court opinions on the statute do not support the parties ...
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79 Town of Castle Rock
https://crgov.com/Archive/ViewFile/Item/1865
between the Town of Castle Rock, Colorado (Town), a municipalcorporation, lOON. ... liquidated damages is a reasonable and equitable estimate of all the ...
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80 transition agreement - SEC.gov
https://www.sec.gov/Archives/edgar/data/730708/000114420417025685/v465479_ex10-23.htm
This liquidated damages clause is not intended to be a penalty but rather a reasonable estimate of the damages the Bank will incur in the event the Employee ...
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81 Equal Pay - Livelihood Law LLC
https://livelihoodlaw.com/equal-pay/
For violations of the Colorado Equal Pay Act, employers can face the payment of back wages and liquidated damages, as well as equitable relief like ...
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82 Mile-High Expectations for Employers As Colorado Governor ...
https://www.seyfarth.com/news-insights/mile-high-expectations-for-employers-as-colorado-governor-signs-into-law-one-of-nation-s-toughest-pay-equity-law-to-date.html
Plus, plaintiffs can recover liquidated damages equal to the economic damages, as well as equitable relief and attorneys' fees.
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83 Colorado Governor Signs Comprehensive Equal Pay Bill Into ...
https://www.huschblackwell.com/newsandinsights/colorado-governor-signs-comprehensive-equal-pay-bill-into-law
Related Services: · Economic damages equivalent to up to three years of back pay; · Front pay or reinstatement; · Liquidated damages equal to the ...
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84 Liquidated Damages provisions: Enforceable or not?
http://www.newsroomlegal.com/liquidated-damages-provisions-enforceable-or-not/
(1) Damages for breach by either party may be liquidated in the agreement but only at an amount that is reasonable in the light of the anticipated or actual ...
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85 Recovering and Avoiding Consequential Damages in the ...
https://www.shutts.com/wp-content/uploads/2015/09/Recovering-and-Avoiding-Consequential-Damages-in-the-Current-Economic-Climate-1.pdf
a liquidated damages clause bears the burden of proving it unenforceable.60 ... damages; thus, recovery of liquidated delay damages bars.
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86 Final Disposition of Res&Rpts AM13 - Colorado Medical Society
https://www.cms.org/uploads/Final_Disposition_of_ResRpts_AM13.pdf
Res-5-P - Non-compete-Liquidated Damages Clauses in Physician Employment. Contracts. That CMS pursue legislation to make non-compete or ...
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87 10th Cir. Says TCPA Penalties Are Not Insurable Damages
https://www.severson.com/consumer-finance/10th-cir-says-tcpa-penalties-not-insurable-damages/
... Colorado law because they represent liquidated damages, not punitive damages. Alternatively, DISH argues that even if the TCPA damages ...
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88 Liquidated Damages Archives - Proctor Brant, PC
https://proctorbrant.com/tag/liquidated-damages/
Tags: Contracts in Colorado, Enforceability of Contracts, Liquidated Damages, Mutuality of Assent, NDAs, Non-Disclosure Agreements ...
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89 Colorado Passes Slate of New Employment Laws
https://www.cobizmag.com/colorado-passes-slate-of-new-employment-laws/
The law provides a defense against liquidated damages if a pay disparity was made in good faith as shown by a comprehensive pay audit performed ...
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90 Drafting Liquidated Damages Clauses - - WebCredenza
https://or.webcredenza.com/program?id=155365
Liquidated damages clauses are a risk allocation tool used across business, commercial, real estate and sometimes employment agreements.
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91 Enforceability of liquidated damages clauses
https://www.americancityandcounty.com/2012/10/01/enforceability-of-liquidated-damages-clauses/
The traditional penalty analysis ... In construction contracts, liquidated damages commonly are stated as an amount assessed per day of delay.
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92 Colorado Employers Face a Bevy of New State Laws
https://www.stinson.com/newsroom-publications-Colorado-Employers-Face-a-Bevy-of-New-State-Laws
An employer could be liable for economic damages in an amount equal to the difference in pay, plus liquidated damages equal to the economic ...
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93 Fees and Liquidated Damages - Tenant Resource Center
https://www.tenantresourcecenter.org/liquidated_damages
What exactly are liquidated damages? Liquidated damages are a kind of fee allowed in a contract if one of the parties (usually, for us, the tenant) doesn't ...
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94 What is a Liquidated Damages Clause in a Franchise ...
https://franchise.law/entrepreneurs/north-carolina-franchise-agreements/liquidated-damages-clause/
Liquidated damages are a form of monetary compensation that parties agree to when entering a contract. A liquidated damages clause in a franchise agreement ...
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95 "The Bomb Cyclone" - New Employment Laws in the 2019 ...
https://www.fwlaw.com/insights/the-bomb-cyclone---new-employment-laws-in-the-2019-colorado-legislative-session
If the employer proves that it acted in good faith, the court may not award liquidated damages. In addition, the law requires employers to post, announce, or ...
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96 Breach of Contract - Champagne Law Firm
https://champagne-law.com/breach-of-contract/
These are somewhat less common although they are more common in construction contracts. A liquidated damages clause means that the damages for a breach of ...
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97 Colorado Expands Remedies for Workplace Discrimination ...
https://www.jacksonlewis.com/resources-publication/colorado-expands-remedies-workplace-discrimination-claims
Colorado Governor John Hickenlooper has signed legislation that greatly expands ... costs, and punitive and compensatory damages, or liquidated damages, ...
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