Boulder Breach of Contract Lawyers — Enforcing Agreements and Protecting Your Legal Rights
Contracts exist to create enforceable commitments. When one party doesn’t perform, the other suffers real consequences — financial loss, disrupted operations, broken relationships, and deals that never close. Burnham Law’s Boulder contract attorneys represent businesses and individuals on both sides of breach of contract disputes, from initial demand through litigation and, when appropriate, trial.
Meet our Boulder civil litigation team below — attorneys who handle breach of contract cases across commercial, construction, real estate, employment, and personal contexts.
Andrew is a seasoned attorney with over a decade of experience in navigating complex legal challenges. He has successfully represented clients in a wide variety of cases, including consumer protection matters, breach of warranty claims against major automotive manufacturers, mass tort litigation, and disputes with oil and gas companies. Andrew's approach is to combine meticulous preparation with practical problem-solving, a strategy that has consistently led to favorable outcomes for his clients. Throughout his career, Andrew has resolved hundreds of cases in state and federal courts, as well as in binding arbitration. His dedicated work has resulted in millions of dollars in recoveries for his clients. He is committed to achieving the best possible results, drawing on his extensive experience to provide comprehensive and effective legal counsel.
Brandon has partnered with business owners across every stage of the business lifecycle. His experience spans pre-litigation, third-party disputes, shareholder derivative actions, and business formation, as well as day-to-day advisory services. He is also a seasoned guide in complex transactions, including sales, mergers, and acquisitions. Throughout his career, Brandon has counseled clients through transactions ranging from several hundred thousand to mid-eight figures. Regardless of the deal’s scale, his objective remains steadfast: to provide a positive, measurable impact on his clients and their long-term business health. Brandon assists clients through all phases of litigation, from initial dispute resolution to mediation and arbitration. His background in transactional law provides him with a unique edge; having drafted the very contracts that often become the subject of legal disputes, he utilizes that intimate knowledge to navigate litigation effectively and help clients avoid future risks. When he is away from his practice, Brandon stays active by golfing and going to the gym. A self-proclaimed bourbon...
Brian Teed is a civil litigation attorney. He specializes in complex motions practice and appeals. Brian earned his Juris Doctor from Arizona State University, where he distinguished himself by interning for federal district judges and working for the United States Department of Justice in Washington, DC. He also served on the executive board of the Arizona State Law Journal and published two articles on constitutional issues. After graduating, Brian clerked on the Arizona Court of Appeals and the United States District Court for the District of Arizona. At Burnham, he has served clients with litigation and transactional needs, whether negotiating, litigating, or advising on the best path forward. Some of his successes include the defense of two six-figure judgments on appeal. From this broad experience, Brian is uniquely positioned to help clients navigate the complexities and stress of civil litigation, including appeals.
Bryon has more than a decade of experience in probate, trust administration, and estate planning. His probate experience includes contesting fraudulent wills and litigating terms of estate plan documents. In preparing estate plans, Bryon emphasizes helping clients pass on as much of their estates to their loved ones as possible through careful and regular review by clients. Bryon also has experience in representing landlords in evictions, contracts, commercial sales transactions, public bidding, and special taxing districts. When not serving clients, Bryon enjoys camping, off-roading, and traveling with his family.
Before law school, Chris was a Television Broadcast News Reporter for NBC KOMU TV-8 and a Radio Broadcast News Reporter for NPR KBIA 91.3. During law school, Chris clerked for the General Counsel of a Major International Airline, he clerked for the Chief Judge of the Missouri Court of Appeals-Southern District, he clerked for a small civil litigation and real estate law firm in Columbia, and he was a summer intern at McDowell Rice Smith & Buchanan, P.C. in Kansas City. After law school, Chris became an Associate Attorney at McDowell Rice Smith & Buchanan, P.C.’s Country Club Plaza office eventually earning an Equity Shareholder Position. Since moving to Colorado in 2011, Chris has been a Business Operations Manager at a Denver-based multi-million dollar company, he has been a Contract Attorney for a medical device publicly-traded company, he has been a Staff Attorney at a boutique law firm providing bankruptcy legal services to consumers, and he has been the Bankruptcy...
Prior to joining Burnham, Cody began his career at a general practice law firm focusing primarily on commercial litigation, real estate litigation, real estate transactions, trusts and estates, probate, and oil and gas. Since then, he has honed his skills as an advocate with a focus on assisting his clients in navigating all stages of litigation and arbitration. Specifically, Cody has done multiple trials, arbitrations, mediations, and depositions, obtaining efficient and favorable results for his clients. As a result of this experience, Cody is keenly aware of the litigation process, and the strategic nuances that lead to success before and during trial. Cody is also an experienced corporate attorney who assists clients in business/shareholder disputes, transactions, and corporate structuring in a wide variety of industries, including construction, real estate acquisition and development, lifestyle brands, and many more. In his off time, Cody enjoys hiking, skiing, trying some of Denver’s best places to eat, and spending time with his Labrador Ollie.
David is a highly experienced litigator and trial attorney focusing on commercial disputes, litigation, and arbitrations. He has been representing individuals and businesses for over three decades and is a relentless advocate and seasoned trial attorney. David has honed his skills practicing with both international firms (Shook, Hardy & Bacon, Dorsey & Whitney, and Gordon Rees Scully Mansukhani), and respected local firms. He possesses extensive first-chair experience in civil trials, arbitrations, and appeals, offering clients dedicated and intense focus in a wide range of complex commercial matters. David grew up in Loveland, Colorado and attended the University of Denver's Daniels College of Business on a Boettcher Foundation Scholarship, earning a degree in Finance/Real Estate. He later received his J.D. from the University of Minnesota Law School, where he was a member of the prestigious Minnesota Law Review and a director of the International Moot Court. David started his legal career in Kansas City focusing on pharmaceutical products liability litigation, before...
Erin has extensive experience representing clients in all phases of litigation in both state and federal courts, with a focus on employment litigation, business and commercial disputes, and appellate matters. She also has significant experience in estate planning and probate, advising individuals and families on preserving their legacies and guiding them through the probate process with clarity and compassion. In addition to her private practice work, Erin served as a law clerk to the Honorable Judge Jerry N. Jones of the Colorado Court of Appeals. She also previously clerked for the South Dakota Second Judicial Circuit, gaining valuable insight into the judicial process.
Kate strives to have a client-oriented practice where she can assist her clients in all stages of litigation. Prior to joining Burnham, Kate was an associate at an AmLaw Firm where she worked on various types of complex litigation representing large corporations, municipalities, and individuals. Before going into private practice, Kate was an Assistant Public Defender in Miami-Dade County where she tried over twenty cases. Kate has been able to develop a well-rounded practice by working in both the private and public sectors. Kate has honed her skill sets from her prior experience so she can be a zealous advocate for her clients. In her spare time, Kate enjoys spending time with her husband in the outdoors, traveling, and visiting family.
Katlyn Schafer is passionate about helping her clients navigate their legal challenges by providing clear guidance, practical solutions, and strong advocacy at every stage of the process. Her practice spans a wide range of civil matters including personal disputes, consumer protection disputes, regulatory and administrative disputes, environmental disputes, and many others. Prior to joining Burnham Law, Katlyn worked as an Associate Attorney providing representation in worker's compensation disputes. During law school, Katlyn served on the editorial board for the Vermont Journal of Environmental Law. She interned with the Idaho Office of the Attorney General and gained experience working as a student-attorney to provide pro bono legal representation to various nonprofits in the New England area. In her free time, Katlyn can be found frequenting thrift stores, exploring the Colorado wilderness, and watching scary movies with her partner James and their pets, Gracie and Koda
Kayla is known for her effective legal strategies and creative solutions in resolving a wide range of disputes, including contractual issues, landlord/tenant matters, boundary disputes, and HOA conflicts. Kayla believes in understanding her clients' unique goals to secure the most beneficial results for them. Beyond her practice, Kayla is highly engaged in the legal community through volunteer board positions aimed at encouraging growth and supporting diverse voices. Her professional excellence has been consistently recognized, including being named a Top Attorney by Colorado Springs Magazine multiple times and a Super Lawyer Rising Star in 2024 and 2025. In her free time, Kayla enjoys reading, spending time with her daughter, and exploring the outdoors. She is an accomplished runner, having completed challenging races like numerous half marathons and the Pikes Peak Ascent.
Logan completed his Bachelor’s degree in Political Science from the University at Albany, and recently earned his J.D. from William and Mary Law School. Before entering law school, Logan spent time working in the in-house legal department of a 3rd party commercial lending company. In this role he assisted with business development projects with clients ranging from local coffee shops to large commercial developers in New York City. Prior to joining Burnham, Logan began his legal career at a local Denver law firm primarily practicing civil litigation defense. Since joining Burnham, Logan has represented a diverse range of clientele ranging from individuals engaged in civil disputes to general commercial litigation. Logan has successfully negotiated various settlements in his clients’ favor, both prior to and after commencement of litigation, in case types such as breach of contract, property damage, negligence, partition, fraud, landlord/tenant disputes, and bad faith insurance denial. In his free time, you can find Logan on one of the...
Sam focuses his practice on general litigation, transactional work—aiding small businesses and assisting in acquisitions—business litigation and breakups, and administrative work. Prior to joining the Burnham Law Firm, Sam acted as counsel at a major ski company and then in a firm setting. Sam is keenly aware of the fact that litigation can be stressful and complex. His background complements his ability to provide competent guidance and critical thinking to his clients’ cases and the corollary issues which stem from them. In his free time, Sam loves to backcountry ski, race road and mountain bikes, cook, read, play guitar, and sail.
Zac focuses mainly on civil litigation, and has experience with real estate litigation, real estate transactions and estate matters. He earned his bachelor’s degree and law degree at the University of Tennessee. In law school, he was a member of the Transactions: The Tennessee Journal of Business Law and a student-attorney in the Business Clinic. In his spare time, Zac enjoys spending time with his wife and dog outdoors hiking, going to various restaurants, and being with friends. Zac is a die-hard Minnesota sports fan and Tennessee Volunteer fan.
Breach of Contract Law in Colorado
A breach of contract claim in Colorado requires establishing four elements: the existence of a valid and enforceable contract, the plaintiff’s own performance or a legally valid reason for non-performance, the defendant’s breach of the contract’s terms, and resulting damages. Each element is a potential battleground — disputes arise about whether a binding contract existed, what its terms required, whether performance was adequate, and how to calculate what the breach actually cost.
Colorado contract law is generally governed by common law principles, though contracts for the sale of goods are subject to the Uniform Commercial Code (UCC), which has its own rules for formation, performance, and breach. Understanding which body of law applies — and how the differences matter in a specific dispute — is foundational to contract litigation strategy.
Colorado courts enforce written contracts as written, absent mistake, fraud, duress, or ambiguity. When contract language is clear, courts apply it without looking at what the parties claim they intended. When language is ambiguous, extrinsic evidence of the parties’ intent becomes relevant. Many contract disputes turn on a few words of ambiguous contract language — and experienced attorneys know how to argue both interpretations effectively.
What Our Boulder Contract Attorneys Handle
Commercial contract disputes: Business agreements — supply contracts, service agreements, licensing arrangements, partnership agreements, and commercial leases — form the backbone of commercial relationships. When those agreements break down, the stakes are often significant. We handle commercial contract disputes for businesses of all sizes, from startups to established enterprises.
Construction contract disputes: Construction projects involve layered contracts — between owners and general contractors, general contractors and subcontractors, and subcontractors and suppliers. When disputes arise over payment, scope, delays, or defects, contract terms are the starting point for every argument. We represent all parties in construction contract disputes.
Real estate contract disputes: Real estate purchase contracts, development agreements, and commercial lease disputes frequently generate breach claims. These cases often involve specific performance — a court order requiring the party to complete the transaction — as well as damages for costs incurred in reliance on the agreement.
Employment and non-compete agreements: Employment contracts, severance agreements, and non-compete clauses are frequently the subject of breach claims. Colorado has specific rules governing the enforceability of non-compete and non-solicitation provisions that affect both employers seeking to enforce them and employees defending against them.
Personal service contracts: Agreements for personal services — consulting, professional services, creative work — are frequently breached and frequently disputed. We represent both the party that didn’t get what they paid for and the party defending against a claim that their performance was deficient.
Demand letters and pre-litigation resolution: Many contract disputes resolve before litigation through well-crafted demand letters and direct negotiation. We handle the pre-litigation phase with the same strategy and care as litigation, and often achieve resolution without the time and cost of a lawsuit.
How Boulder Breach of Contract Cases Work
Contract disputes typically begin with an attempt to resolve the matter directly — through demand letters, negotiation, or the contract’s own dispute resolution process. When those efforts fail, the aggrieved party files a complaint in Boulder County District Court or, for smaller amounts, in small claims court.
Discovery in contract cases focuses heavily on documents — the contract itself, communications between the parties, records of performance and payment, and any evidence of the harm caused by the breach. Depositions of key decision-makers are common in commercial contract disputes. Expert witnesses may be needed to establish industry standards, calculate damages, or establish the cause of a disputed defect.
Colorado’s statute of limitations for written contract claims is generally three years; for oral contracts, it is also generally three years. Certain contract types — including those governed by the UCC — may have different limitations periods. The clock starts running when the breach occurs and the injured party knows or should know about it.
Why Burnham Law for Contract Disputes in Boulder
Litigation-backed negotiating strength. Contract disputes settle more favorably when the other side knows your attorneys are prepared to litigate. Our track record in commercial litigation means opposing counsel takes our clients’ positions seriously from the start of negotiations.
Commercial context. Contract disputes don’t arise in a vacuum. Understanding the business context — the industry, the deal structure, what was actually at stake — is essential to making compelling arguments about what the contract required and what the breach cost. We bring commercial literacy to every contract matter we handle.
Full-lifecycle representation. We handle contract disputes from the moment a party realizes something has gone wrong through demand, negotiation, filing, litigation, and appeal if necessary. Clients don’t need to transition to different attorneys at different stages of the dispute.
Both sides. We represent plaintiffs pursuing breach claims and defendants fighting them. That experience on both sides gives us a realistic view of the strongest arguments available to each party and how disputes of similar types actually resolve.
Frequently Asked Questions — Boulder Breach of Contract
What is the difference between a material breach and a minor breach?
A material breach is one that goes to the heart of the contract — a failure that defeats the purpose of the agreement or substantially impairs its value. A material breach gives the non-breaching party the right to treat the contract as terminated and sue for full damages. A minor breach (also called a partial breach) does not excuse the non-breaching party from performing its own obligations but does entitle it to damages for the specific harm caused by the breach.
Can I sue for breach of an oral contract in Colorado?
Yes, oral contracts are generally enforceable in Colorado. The challenge is proving the terms of the agreement, which requires witness testimony and circumstantial evidence rather than a written document. Certain types of contracts — agreements to sell real estate, contracts that can’t be performed within one year, and others — must be in writing under the Statute of Frauds to be enforceable.
What damages can I recover for breach of contract?
Colorado contract plaintiffs can recover expectation damages — the amount that would put them in the position they would have been in had the contract been performed. This includes direct losses, lost profits, and consequential damages that were foreseeable at the time of contracting. Parties have a duty to mitigate their damages after a breach — failing to take reasonable steps to limit losses can reduce recovery.
What if the other party claims I also breached the contract?
Defendants in breach of contract cases frequently raise counterclaims or assert that the plaintiff’s own breach excused their performance. This is a common litigation posture — “you breached first” — and it requires careful analysis of the contract’s terms, the sequence of events, and what each party’s obligations were at every stage of performance.
Can I get a court to force someone to perform a contract?
In certain cases — particularly real estate contracts — Colorado courts can order specific performance, requiring the breaching party to complete the contract as agreed. Specific performance is an equitable remedy available when money damages are inadequate to compensate the plaintiff, as is often the case when unique property or irreplaceable circumstances are involved.
Schedule a Consultation with a Boulder Breach of Contract Lawyer
If you’re dealing with a party that hasn’t performed, or if you’ve been accused of breaching a contract, early legal advice improves your options. The sooner you understand your rights and the strength of your position, the better the outcome you can negotiate or litigate to.
Call (303) 990-5308 or schedule a confidential consultation online. Our Boulder contract attorneys handle disputes across commercial, real estate, construction, and personal service contexts.
