In this troubled economy, many Coloradoans are finding themselves out of a job. Finding a new job can become even more difficult if the former employee signed a valid, noncompete agreement.
Mediation or arbitration clauses are found in just about every standard contract these days. These alternate dispute resolution clauses should be carefully reviewed before including the clause in any contract.
A wise woman once explained to me the difference between a tax and a fee. “A tax”, she said with a provocative smile, “is a payment of money to the government, and in return, the government provides you with various services.” “Now a fee, well, that is very different. A fee is what you pay to the government when you use the services that your taxes provide.” And so it goes. The most recent “fee” to see an increase is the one charged by your local Colorado clerk and recorder.
Over the years, our law office has dealt with many legal problems caused by misunderstandings about the law. For the benefit of all, a few of those misconceptions are listed in this article. Read on and test your legal skills!
When it comes to horses and owner liability, two recent Colorado court cases underscore just how limited the exemption from civil liability is and the importance of liability waivers for anybody who owns a horse. A well-written liability waiver is a must for anybody who qualifies as an equine professional. And, surprise, you may be just that – an equine professional.
Most people who ride or own horses are aware of the Colorado law limiting civil liability for injuries caused by participating in equine activities. That statute is 13-21-119, C.R.S. In a very broad summary, those that ride horses assume the risk of injury and cannot recover from others when injured.
What is an Exculpatory Clause?
Today, virtually every form contract contains an exculpatory clause. An exculpatory clause is a clause in the contract that strictly limits the liability of one party. For example, if you rent skis from a local ski shop, the contract may contain an exculpatory clause limiting the liability of the ski shop [...]
IDENTITY THEFT — When a person assumes your identity and commits fraud in your name. The FBI describes it as the fastest growing white-collar, second only to domestic terrorism. A professional woman became the victim of IDENTITY THEFT. Her first indication came from her bank. Her accounts had been emptied. She then began receiving bills [...]
Contract Disputes, Arbitration, and Arbitration Clauses
Over the weekend, I reviewed a contract that ended up in a dispute. The parties to the contract included one sentence stating that they would arbitrate any dispute. While arbitration clauses are often a good idea, sometimes an arbitration clause can work against recovery on the contract. Before including an [...]
Douglas A. Turner, Esq., the founder of our firm, is a Colorado-based attorney with many years of experience in business law, mergers and acquisitions, association law, real estate transactions, estate planning and probate. To learn more about our legal team, please contact us at 800-850-0607.