Colo. Rev. Stat. § 5-12-102

Prejudgment interest on money due “on account” under § 5-12-102 requires a contractual or fiduciary relationship.

Denver Ass'n for Retarded Children, Inc. v. School District No. 1 · filed 1975-04-28

However, the Court has interpreted “on account” as it appeared in predecessor statutes, to be that which “arises out of contract or some fiduciary relation.” ... Since the amounts to be paid in this case arise neither out of contract, nor out of a fiduciary relationship, we hold that the plaintiffs were not entitled to pre-judgment interest.

Section 5-12-102 provides interest at the legal rate from the date the amount owed becomes due.

Lestoque v. MR Mansfield Realty, Inc. · filed 1975-05-13

As all of the transactions, including the resale of the Jamaica Apartments, were completed on December 18, 1972, Lestoque would have been entitled to interest at the legal rate on the $15,000 judgment from that date. See Bankers Trust Co. v. International Trust Co., 108 Colo. 15, 113 P.2d 656; § 5-12-102, C.R.S. 1973 (1971 Perm.Supp., C.R.S.1963, 73-12-102). However, since in her complaint she asked for interest only from the date of filing the complaint, interest from March 27, 1973, to May 7, 1974, shall be part of the judgment.

Section 5-12-102(1) lets a claimant elect prejudgment interest at 8 percent per year compounded quarterly or an amount that fully reflects the withholding party’s gain.

Great Western Sugar Co. v. Northern Natural Gas Co. · filed 1983-03-21(1)

Pursuant to § 5-12-102(1), GW was entitled, at its election, to prejudgment interest at the rate of 8 percent per annum compounded quarterly, or “an amount which fully recognizes the gain or benefit realized” by KN.

Section 5-12-102(1) does not require a creditor to prove tortious conduct by the debtor to receive prejudgment interest.

Benham v. Manufacturers & Wholesalers Indemnity Exchange · filed 1984-04-19(1)

Nothing in these sections indicates a requirement that a creditor must establish tortious conduct on the part of the debtor.

Section 5-12-102 allows a plaintiff interest from the time the action accrues.

LaFond v. Basham · filed 1984-05-24

Basham’s final contention, that the trial court improperly awarded prejudgment interest, is without merit. Section 5-12-102, C.R.S., allows a plaintiff interest from the time the action accrues.

Section 5-12-102(2) allows 8% annual interest, compounded annually, on a recovery under a contractor’s bond from the date of final payment to the substitute contractor until judgment.

East Larimer County Water District v. Centric Corp. · filed 1984-07-19(2)

Thus, because this action was also based upon the bond provided by Travelers, we conclude the districts are entitled to that interest at the rate of 8% per annum compounded annually pursuant to ... from the date of their final payment to the substitute contractor which, by undisputed evidence is the 11th day of December 1980 until date of judgment.

A court may add prejudgment interest to a verdict when the right to interest and its amount are clear from the verdict or uncontroverted facts; otherwise, the award needs supporting findings.

Tripp v. Cotter Corp. · filed 1985-02-28

The right to recover prejudgment interest is a matter of law. Section 5-12-102, C.R.S. (1982 Cum.Supp.); ... It is true that where entitlement and the amount of prejudgment interest is clearly ascertainable from the “verdict or from uncontro-verted facts,” the court itself may compute and add the interest to the verdict. ... However, here there was only a general verdict by the jury which did not indicate on which basis damages were assessed or when the amounts it found as damages should have been paid. ... We therefore find the assessment erroneous, and appropriate findings underlying an award of prejudgment interest should be entered as to any judgment awarded on retrial.

Section 5-12-102 allows prejudgment interest on money due and wrongfully withheld even when the amount is unliquidated or the claim is disputed in good faith.

Rocky Mountain MacHinery Co., Cross-Appellant v. First National Bank of Trinidad, Cross-Appellee, and Gary C. Carden and Triad Industries, Inc. · filed 1985-07-15

The Bank benefited from the diversion of the funds from Rocky Mountain and in our view this under the Colorado statutes (Colo.Rev.Stat. § 5-12-102 (1973)) is money which was wrongfully withheld and was money which was due. This issue of prejudgment interest is a matter of law. The Colorado statutes do not require that the amount sought in the action be liquidated nor does it matter that the claim was disputed in good faith.

Section 5-12-102(1)(a) provides interest from the bank’s refusal to return wrongfully withheld money until judgment, even if the bank has transferred the money to someone else.

National Surety Corp. v. Citizens State Bank · filed 1986-12-18(1)(a)

Thus, the interest award must be recalculated from the date of the bank’s refusal until the date of judgment.

Section 5-12-102 permits prejudgment interest in appropriate cases.

Louis F. Cavic, Jr., Plaintiff-Appellee/cross-Appellant v. Pioneer Astro Industries, Inc., Defendant-Appellant/cross-Appellee · filed 1987-05-28

Clearly, Colorado recognizes the right to prejudgment interest in appropriate cases.

A complaint requesting “interest” sufficiently requests prejudgment interest under § 5-12-102.

Colorado Performance Corp. v. Mariposa Associates · filed 1987-11-05

Further, plaintiffs’ request for “interest” in their amended complaint was a sufficient request for an award of pre-judgment interest under the statute to permit an award of the same.

Section 5-12-102 awards prejudgment interest on wrongfully withheld money based on the withholding party’s gain or benefit, or at eight percent compounded annually if the claimant elects that rate.

Hansen v. Lederman · filed 1988-04-07

The statute governing prejudgment interest awards, § 5-12-102, C.R.S. (1987 Cum.Supp.), requires that, when money has been wrongfully withheld, interest shall be awarded in an amount that “fully recognizes the gain or benefit realized by the person withholding such money,” or “at the election of the claimant ... at the rate of eight percent per annum compounded annually.” ... We conclude that the trial court’s award of prejudgment interest in the amount of $52,520.95 was well within its discretion, and accordingly, we will not disturb that ruling on appeal.

Section 5-12-102 applies to prejudgment interest on a settled wrongful death claim.

Bjorkman Ex Rel. Bjorkman v. Steenrod · filed 1988-04-28

However, since the matter here was settled by the parties, the provisions of § 13-21-101, C.R.S. (1987 Repl.Vol. 6A) are not applicable. Nevertheless, the more general provisions of § 5-12-102, C.R.S. (1987 Cum.Supp.) apply.

Section 5-12-102 provides interest on claims for damages arising from wrongfully withheld funds.

Hiatt v. Schreiber · filed 1984-11-14

Colorado statutes also provide for the payment of interest in claims for damage arising out of wrongfully withheld funds.

Section 5-12-102(1)(b) permits interest on the full value of property from the date it is wrongfully withheld, even if the full purchase price is paid later.

Cooper v. Peoples Bank and Trust Co. · filed 1986-05-22(1)(b)

In this case, the trial court awarded interest on the entire purchase price at the statutory rate beginning on April 1, 1977. On that date, the bank became obligated to transfer title to the entire property even though the entire purchase price was not paid until October 23, 1979. This award fits squarely within the scope of § 5-12-102(l)(b), C.R.S.

Section 5-12-102 permits an award of prejudgment interest when the complaint sufficiently requests it.

Woodford Manufacturing Co. v. A.O.Q., Inc. · filed 1989-04-10

Our review of the complaint does show that prejudgment interest was sufficiently prayed for, and therefore, the trial court properly awarded such interest under § 5-12-102, C.R.S. (1988 Cum.Supp.).

Section 5-12-102(1)(b) governs the prejudgment interest award when the claimant has not proved an appropriate moratory interest rate.

G.E.C. Minerals, Inc. v. Harrison Western Corp. · filed 1989-05-18(1)(b)

The record indicates that plaintiff failed to present evidence as to the appropriate rate of moratory interest. Therefore, any award of prejudgment interest would be pursuant to § 5-12-102(l)(b), C.R.S. (1988 Cum.Supp.).

Section 5-12-102 provides interest on money wrongfully withheld in a rescission action from the date rescission is first demanded.

Wall v. Foster Petroleum Corp. · filed 1989-09-07

We determine that, as a matter of law, the earlier settlement letter was not a demand for rescission. Therefore, plaintiff is entitled to interest under § 5-12-102 only from the date his amended complaint was filed in 1984.

Section 5-12-102(1)(a) permits prejudgment interest above the statutory eight percent rate only when there is evidence of gain or benefit to the defendant.

Federal Deposit Ins. Corp. v. Clark · filed 1989-10-10(1)(a)

Absent evidence of gain or benefit to defendants, the court may not award interest above the eight percent (8%) rate established by statute.

Section 5-12-102(1) allows prejudgment interest in misrepresentation actions when money or property has been wrongfully withheld.

Arguelles v. Ridgeway · filed 1991-08-15(1)

The courts have allowed prejudgment interest under § 5-12-102(1) in breach of contract cases and actions for misrepresentation. See Mesa Sand & Gravel Co. v. Landfill, Inc., supra ; Pierson v. United Bank, 754 P.2d 431 (Colo.App.1988). Thus, the Arguelleses are entitled to pre-judgment interest from January 29, 1981, until the date when judgment entered, here, August 16, 1989.

Section 5-12-102(1)(a) allows interest above the eight percent default rate when the claimant specifically proves that the withholding party benefited by a greater amount.

Northwest Central Pipeline Corporation, renamed Williams Natural Gas Company v. JER Partnership · filed 1991-08-30(1)(a)

In interpreting this provision, we have held that, in order to receive the higher interest rate, the claimant must specifically prove that the withholding party actually benefited in a greater amount. ... Upon reviewing the evidence, we cannot say that its finding was clearly erroneous.

Section 5-12-102 allows a claimant who proves the withholding party gained more than eight percent to recover interest reflecting that gain; otherwise, the default rate is eight percent.

Northwest Central Pipeline Corp. v. JER Partnership · filed 1991-08-30(1)(a)–(b)

The relevant Colorado statute allows the court to award interest in "an amount which fully recognizes the gain or benefit realized by the person withholding such money or property," Colo.Rev.Stat. § 5-12-102(1)(a) (Supp. 1990), or at a default rate of eight percent, id. at § 5-12-102(1)(b). In interpreting this provision, we have held that, in order to receive the higher interest rate, the claimant must specifically prove that the withholding party actually benefited in a greater amount.

Section 5-12-102 permits prejudgment interest on a judgment against the State.

Wilkerson v. State · filed 1992-03-12

Nothing in § 5-12-102 precludes the award of prejudgment interest upon a judgment against the State.

Section 5-12-102(1)(a) permits prejudgment interest on unpaid insurance premiums from the date the premiums were due.

CNA Insurance Companies v. Berndt · filed 1992-05-07(1)(a)

Finally, we reject defendant’s contention that the trial court erred in granting plaintiff prejudgment interest pursuant to § 5-12-102, C.R.S. (1991 Cum.Supp.) from the date the premiums were due.

A constructive trust beneficiary may elect statutory prejudgment interest once the trustee wrongfully withholds the funds after a demand for payment.

Lyons v. Jefferson Bank & Trust · filed 1993-05-03(1)(b)

Only then did Jefferson Bank begin wrongfully withholding the funds within the meaning of § 5-12-102, permitting Iowa Trust to elect statutory prejudgment interest.

Section 5-12-102(1) authorizes prejudgment interest at eight percent per year when money has been wrongfully withheld.

Compton v. State Farm Mutual Automobile Insurance Co. · filed 1993-08-26(1)

The trial court correctly based its award on § 5-12-102(1), C.R.S. (1992 Repl.Vol. 2) which authorizes prejudgment interest at eight percent per annum when money has been wrongfully withheld.

Section 5-12-102 does not authorize prejudgment interest against a defendant who did not wrongfully withhold the money or gain a benefit from retaining it.

Messler v. Phillips · filed 1993-10-07(1)(a)

Here, Lockley absconded with plaintiff’s money; therefore, defendant was not the party wrongfully withholding the money and did not realize a gain or benefit by retaining it. Thus, § 5-12-102 is inapplicable.

Section 5-12-102 allows interest on wrongfully withheld money from the date of withholding until payment or entry of judgment, whichever occurs first.

Echostar Satellite Corp. v. Advanced Communications Corp. · filed 1995-10-13

The controlling Colorado statute allows interest on money wrongfully withheld “from the date of wrongful withholding to the date of payment or to the date judgment is entered, whichever first occurs.” Colo.Rev. Stat. § 5-12-102 (1992 Repl.Vol.). The judgment correctly awards interest through January 6, 1995, the date of payment.

Section 5-12-102 allows a prevailing party to recover prejudgment interest on wrongfully withheld money without proving tortious conduct.

Fasing v. LaFond · filed 1997-01-30(1)

Thus, under the “wrongfully withheld” language of the statute, the prevailing party is not required to establish tortious conduct on the part of the losing party to recover prejudgment interest.

Section 5-12-102(2) sets prejudgment interest at 8% per year, compounded annually.

LaSelle v. Public Service Co. of Colorado · filed 1997-09-02(2)

The Court nonetheless considers it persuasive, and concludes that prejudgment interest in this matter is properly determined by application of Colorado law, which mandates that interest be awarded at the rate of 8% per year compounded annually. C.R.S. § 5-12-102(2). Thus, as set forth in Attachment B to Plaintiffs’ Motion for Award of Prejudgment Interest, Plaintiffs are awarded prejudgment interest from their date of termination to the date of judgment at a rate of 8% compounded annually.

Section 5-12-102 allows prejudgment interest in contract actions even when the claimant did not request it in the pleadings.

Town of Breckenridge v. Golforce, Inc. · filed 1992-10-08

Accordingly, we hold that, if a court finds that a claimant is entitled to statutory interest under § 5-12-102, the court should award it, even in the absence of a prayer for such relief.

A prevailing party in a breach of contract action may recover 8% annual prejudgment interest from when payment was due until judgment.

Rocky Mountain Microsystems, Inc. v. Public Safety Systems, Inc. · filed 1998-01-13(1)(b)

Pursuant to C.R.S. § 5-12-102(l)(b), a prevailing party in a breach of contract action may recover prejudgment interest at annual rate of 8% from the time the money was due until the time judgment is entered.

Section 5-12-102(3) makes interest mandatory on an amount due under a motor vehicle dealer bond.

Edmonds v. Western Surety Co. · filed 1998-06-11(3)

And, §5-12-102 (3), C.R.S.1997, makes the imposition of interest mandatory, not discretionary.

Section 5-12-102 permits prejudgment interest on contract and tort claims; it is not limited to breaches of contract or fiduciary duty.

United International Holdings, Inc. v. Wharf (Holdings) Ltd. · filed 2000-04-28(1)(a)

Section 5-12-102 is not limited to breaches of either contract or fiduciary duty. ... Because UIH prevailed on its contract and tort claims, it is entitled to prejudgment interest under C.R.S. § 5-12-102.

Prejudgment interest on consequential damages may be awarded only from the time those damages were incurred.

Flannery Properties v. Byrne · filed 2000-05-30(1)(b)

Prejudgment interest for consequential damages may only be awarded from the time the damages were incurred.

Section 5-12-102(1) permits prejudgment interest on money wrongfully withheld after a contract breach, accruing from the time of the breach.

Scott's Liquid Gold-Inc. v. Lexington Insurance · filed 2000-05-30(1)

Section 5-12-102(1) is to be liberally construed to permit recovery of prejudgment interest on money or property wrongfully withheld. ... One who is damaged by a breach of contract is entitled to recover prejudgment interest of eight percent annually from the time of the breach.

Section 5-12-102(4)(a) does not provide prejudgment interest when it was first requested during confirmation of an arbitration award rather than during arbitration.

Duncan v. National Home Insurance Co. · filed 2001-09-27(4)(a)

The Duncans argue that § 5-12-102(4)(a), C.R.S.2001, provides a statutory right to prejudgment interest. However, this statute does not have any application here, because interest was not requested during the arbitration.

Section 5-12-102(1)(a) entitles a prevailing party to prejudgment interest from the date money or property was wrongfully withheld.

Bangert Bros. Construction Co. v. Kiewit Western Co. · filed 2002-11-13(1)(a)

In light of this conclusion, we reverse the prejudgment interest award in favor of Bangert and against Meridian, and remand with instructions to the district court to award prejudgment interest in favor of Bangert accruing from January 1, 1994.

Section 5-12-102(1)(b) allows prejudgment interest on the cost of replacing a defective product from the time the product was installed, when those funds were wrongfully withheld.

Loughridge v. Goodyear Tire and Rubber Co. · filed 2003-08-22(1)(b)

Accordingly, funds owed for such replacement were wrongfully withheld starting at the time of installation.

Section 5-12-102 allows prejudgment interest only on damages for money or property wrongfully withheld, not on future lost earnings.

Dillen v. Healthone, L.L.C. · filed 2005-02-14(1)

Rather, a proper award of prejudgment interest applies only to that part of the compensatory damages awarded for money or property "wrongfully withheld."

Section 5-12-102(1)(b) permits prejudgment interest from the installation date for homeowners who owned their homes then, and from the purchase date for later buyers.

Malek v. Goodyear Tire & Rubber Co. · filed 2005-12-20(1)(b)

The court held that (1) Homeowners who owned their homes at the time Entran II was installed are entitled to prejudgment interest from the date of installation; and (2) Homeowners who purchased their homes after Entran II had been installed are entitled to prejudgment interest from the date they purchased their homes. ... In Loughridge v. Goodyear Tire & Rubber Co., Nos. 04-1261, 1263, slip op. at 40-48 (10th Cir. 2005), this court gave thorough consideration to virtually identical arguments as to the accrual date for prejudgment interest, but ultimately rejected them. Based on such authority, the district court’s amended judgment is AFFIRMED.

Prejudgment interest on the cost of repairing or replacing a defective product accrues from the date the product was installed, even if the statute of limitations began to run later.

Loughridge v. Goodyear Tire & Rubber Co. · filed 2005-12-20(1)(b)

Accordingly, because § 5-12-102 is to be liberally construed to permit the recovery of prejudgment interest, Mesa Sand & Gravel, 776 P.2d at 365, for the purposes of calculating prejudgment interest, we give effect to the date of the wrong, not the date when statute of limitation began to accrue.

Section 5-12-102(1)(b) permits prejudgment interest from the time money becomes due or is wrongfully withheld; amounts due on different dates may accrue interest from different dates.

Paratransit Risk Retention Group Insurance Co. v. Kamins · filed 2007-02-22(1)(b)

Section 5-12-102(1)(b), C.R.S.2006, permits a creditor to recover prejudgment interest from the time the money is wrongfully withheld or becomes due. ... We therefore conclude the trial court erred in finding that May 28, 1998 was the date from which all interest would accrue.

Section 5-12-102(1)(b) entitles a nonbreaching party to prejudgment interest from the breach date through judgment.

Butler v. Lembeck · filed 2007-12-13(1)(b)

Homeowner sought prejudgment interest from May 31, 2005, which was the final day of the lease term and the latest possible date on which a breach could have occurred. Hence, she was entitled to prejudgment interest from that date through the date of the judgment.

Section 5-12-102 governs prejudgment interest only in cases that do not involve personal injury.

Old Republic Insurance Co. v. Ross · filed 2008-03-24

We hold that the court of appeals erred in its application of section 512-102, which governs the award of prejudgment interest in non-personal-injury cases only.

Section 5-12-102 requires prejudgment interest when money is wrongfully withheld after a home purchase contract is rescinded.

Kennedy v. Gillam Development Corp. · filed 2003-10-09(1)(b)

Accordingly, we conclude that § 5-12-102 required the trial court to award prejudgment interest.

Section 5-12-102(1)(b) allows creditors harmed by a trustee’s breach of duty to recover 8% interest from the date of the breach.

Pritchard Concrete, Inc. v. Barnes (In Re Barnes) · filed 2007-10-05(1)(b)

Colorado law allows creditors harmed by a trustee’s breach of duty to recover statutory interest at 8%, pursuant to C.R.S. § 5—12—102(1)(b), from the date the breach of trust occurred.

Section 5-12-102(1)(b) permits prejudgment interest from the date property was damaged when a general verdict does not separate repair costs from damages that began accruing on that date.

Hendricks v. Allied Waste Transportation, Inc. · filed 2012-05-24(1)(b)

Therefore, we conclude that the trial court appropriately awarded prejudgment interest from the date the Hendrickses' house was initially damaged, which is also when any noneconomic damages began accruing.

Section 5-12-102 bases prejudgment interest on the amount of the final judgment, rather than a larger jury verdict.

Top Rail Ranch Estates, LLC v. Walker · filed 2014-01-30

We review de novo the calculation of prejudgment interest under section 5-12-102, C.R.S.2013. ... We conclude that the prejudgment interest award should have been based on the $500,000 damages award in the final judgment entered by the trial court, and not on the $567,000 damages awarded by the jury.

Section 5-12-102 permits prejudgment interest at 8% per annum, compounded annually, from the date of the parties’ bargain.

Kim v. Hyungkeun Sun (In re Hyungkeun Sun) · filed 2014-09-12

The Court concludes the circumstances of this case warrant an award of prejudgment interest at the Colorado statutory rate accruing from the date of the parties’ bargain — May 17, 2007. Therefore, prejudgment interest shall be awarded as requested in the Kims’ Complaint, at the rate of 8% per annum, compounded annually, pursuant to Colo. Rev. Stat. § 5-12-102.

Section 5-12-102 provides for prejudgment interest at 8% per year, compounded annually.

DRCK, LLC v. Chong (In re Chong) · filed 2014-12-18

Therefore, pre-judgment interest shall be awarded at the rate of 8% per annum, compounded annually, pursuant to Colo. Rev. Stat. § 5-12-102.

Prejudgment interest on a deposit obtained by fraudulent inducement accrues from the date the deposit was paid.

UET RR, LLC v. Comis · filed 2018-06-19(1)(a)

Section 5-12-102(1)(a) provides that the prevailing party is entitled to prejudgment interest on money or property that is “wrongfully withheld.” ... Defendants wrongful conduct occurred when they fraudulently induced UETRR to enter into the agreements and make the deposits. UETRR is therefore entitled to prejudgment interest from the date of the deposits.

Section 5-12-102(1)(a) allows prejudgment interest when a garnishee wrongfully delays paying money due to a judgment creditor.

Thompson v. Catlin Ins. Co. · filed 2018-12-10(1)(a)

As these cases demonstrate, prejudgment interest can properly be used to hold Catlin responsible for its delay. Moreover, this use is fully consistent with both the text and purposes of section 5-12-102.

Section 5-12-102(1)(b) provides eight percent annual prejudgment interest, compounded annually, on the value of wrongfully withheld property; in a breach of contract case, interest accrues from the breach.

Titan Feeding, LLC v. Corey Cattle Company, LLC · filed 2022-09-13(1)(b)

Plaintiff argues that the Court should enter judgment against Corey Cattle for $1,911,235.62 plus 8% interest accruing since June 30, 2019 pursuant to Colo. Rev. Stat. § 5-12-102.13 ... Accordingly, the Court will direct the Clerk to enter judgment for plaintiff in the amount of $1,911,235.62 plus 8% interest accruing since June 30, 2019.

Section 5-12-102(1)(a) provides prejudgment interest at 8% per year, compounded annually.

Vyanet Operating Group, Inc. v. Maurice · filed 2023-02-01(1)(a)

Accordingly, it is ORDERED that summary judgment shall enter in favor of Plaintiff and against Defendant on Plaintiff’s second claim for relief for breach of the First Addendum in the amount of $163,062.00, with pre-judgment interest at the rate of 8% per annum compounded annually beginning July 1, 2019, to the date of this order pursuant to Colo. Rev. Stat. § 5-12-102(1)(a).

Section 5-12-102 authorizes prejudgment interest at eight percent per year, compounded annually, from when money is wrongfully withheld or becomes due; the claimant must establish the date used to calculate it.

Baxter Construction Company, LLC v. SF Construction, Inc. · filed 2024-04-09(1)(b), (2)

Colorado law authorizes a prejudgment interest rate of eight percent per annum, compounded annually. Colo. Rev. Stat. § 5-12-102(1)(b), (2). The statute permits a prevailing party to recover prejudgment interest from the date that money or property is “wrongfully withheld” or becomes “due.” Id. ... The Court respectfully declines to speculate as to the correct measure of prejudgment interest and will not at this time award prejudgment interest.

Section 5-12-102 calculates prejudgment interest on the full amount wrongfully withheld until a partial payment, then on the unpaid balance.

Yeiser v. Ferrellgas, Inc. · filed 2009-08-31(1)

Thus, after the date of the payment, prejudgment interest under section 5-12-102 was properly calculated based on the remaining unpaid balance.

Section 5-12-102 provides for prejudgment interest at 8% per year, compounded annually.

Havana Auto Parts, Inc. v. Western Logistics, Inc. · filed 2024-07-26

2. $14,265.67 in prejudgment interest pursuant to C.R.S. § 5-12-102 at the rate of 8% per annum compounded annual for the period from January 19, 2022 through June 30, 2023, the date of the Final Award of Arbitrator; and 3. post-judgment interest at the rate of 8% per annum, which interest continues until satisfaction thereof.

Section 5-12-102(1) requires prejudgment interest from the date of the latest breach.

Actalent, Inc. v. Evergreen Research US, LLC. · filed 2025-04-28(1)

An award of prejudgment interest is required under Colorado law, §5-12-102(1), C.R.S.; Todd v. Bear Valley Village Apartments, 980 P.2d 973, 981 (Colo. 1999), and shall run from the date of the latest breach, September 20, 2024.

Prejudgment interest begins when money is wrongfully withheld, including when a party reasonably expects payment despite having no fixed payment date.

Marriage of Kowalik · filed 2025-07-24(1)

Under section 5-12-102(1), C.R.S. 2024, prejudgment interest begins accruing from the time the money is wrongfully withheld. ... The magistrate found, and the record supports, that Corporon wired the funds that day — including the martial home proceeds, which had no set deadline — and that wife never received them. Thus, the magistrate appropriately awarded prejudgment interest from that date.

Section 5-12-102 provides for prejudgment interest at 8% per year, compounded annually, on the restitution and compensatory damages awarded here.

Lead Real Estate Co., Ltd. v. BF Borgers CPA PC · filed 2026-01-08

(3) Defendant is ORDERED to pay Plaintiff the following damages: a. Restitution in the amount of $1,870,000.00; and b. Prejudgment interest on $1,870,000.00 at a rate of 8% per annum, compounded annually, from May 9, 2024 through the date of this Order, pursuant to Colo. Rev. Stat. § 5-12-102; and c. Compensatory damages in the amount of $78,005.81; and d. Prejudgment interest on $78,005.81 at a rate of 8% per annum, compounded annually, from September 30, 2024 through the date of this Order, pursuant to Colo. Rev. Stat. §5-12-102; and e. Post-judgment interest at a daily rate as determined by the Clerk of the Court until Defendant complies with this judgment, pursuant to 28 U.S.C. § 1961; and f. Litigation costs in an amount to be determined by the Clerk of the Court upon Plaintiff's timely filing of a Bill of Costs; and (4) Plaintiff is ORDERED to submit to the Court its calculation of prejudgment interest pursuant to paragraphs 3(b) and (d) above within TEN DAYS.

Section 5-12-102 permits prejudgment interest at 8% per year, compounded annually, from the date the money becomes due.

Premark Health Science, Inc. v. PlantFuel · filed 2026-06-02(1)(b), (2)

Pursuant to Colo. Rev. Stat. § 5-12-102, a prevailing party is permitted to recover prejudgment interest at a rate of 8% per annum compounded annually from the date that the money becomes due.

Section 5-12-102 authorizes prejudgment interest on unpaid drilling costs owed under a contract.

M & T, Inc. v. Fuel Resources Development Co. · filed 1981-07-13

IT IS THEREFORE ORDERED that plaintiffs shall have judgment against defendant in the amount of $150,927 plus prejudgment interest in accordance with 73 C.R.S. § 5-12-102 and costs including reasonable attorney fees.

Section 5-12-102(1)(a) allows a claimant to argue for prejudgment interest reflecting the defendant’s gain or benefit rather than limiting interest to the 8% rate in subsection (2).

Grynberg v. Rocky Mountain Natural Gas · filed 1991-01-31(1)(a)

He contends that, by virtue of § 5-12-102(l)(a), C.R.S. (1990 Cum.Supp.), he should have been allowed to argue for an award of interest which fully recognizes the “gain or benefit” realized by defendants. ... Defendants concede that Mesa Sand & Gravel Co. v. Landfill Inc., 776 P.2d 362 (Colo.1989) is dispositive. Therefore, this issue is remanded for a determination of interest in accordance therewith.

Section 5-12-102(1)(b) requires prejudgment interest when money is wrongfully withheld, including damages for interference with a prospective business relationship.

Personnel Department, Inc. v. Professional Staff Leasing Corp. · filed 2008-10-27(1)(b)

Therefore, a party seeking prejudgment interest under section 5-12-102(l)(b) must prove only that money or property was wrongfully withheld. ... The money PDI lost when Pro-Lease interfered with its prospective business relationship with Global was money wrongfully withheld by ProLease just as if ProLease had induced Global to breach an existing purchase contract.

Section 5-12-102 allows interest on a construction contract payment claim despite a dispute over the amount due, calculated from the date of substantial performance.

Jim Arnott, Inc. v. L & E, INC. · filed 1975-06-17

In a claim for payment pursuant to a contract, the fact that the amount due thereunder is disputed does not render the claim unliquidated for the purpose of awarding interest pursuant to § 5-12-102, C.R.S.1973 (1971 Perm.Supp., C.R.S.1963, XX-XX-XXX). See Florence & Cripple Creek Railroad Co. v. Tennant, 32 Colo. 71, 75 P. 410. When, as here, it appears that the contractor has sustained his claim for payment based upon substantial performance of a construction contract, we hold that interest should be calculated on the amount awarded from the date the trial court determines that the contract was substantially performed.

Section 5-12-102 provides for interest on a judgment at 8% per year from the date the judgment is entered.

Big O Tire Dealers, Inc. v. Goodyear Tire & Rubber Co. · filed 1976-02-13

The applicable statute is 1973 C.R.S. § 5-12-102, as amended by House Bill No. 1087. That legislation provides for interest at the rate of 8% per annum on any judgment from the date of entry of judgment.

Section 5-12-102 governs interest on mechanics’ lien claims arising before the 1975 effective date of the mechanics’ lien interest provision.

A-1 Plumbing & Heating Co. v. Thirteenth Street Corp. · filed 1980-01-17

Rather, it meant to restrict interest recovery to be as established in the general interest statute, § 5-12-102, C.R.S. 1973 (1978 Cum. Supp.) in mechanics’ lien cases in which the claim giving rise to interest accrual occurred before the 1975 effective date of the mechanics’ lien interest provision.

Section 5-12-102(2) allows interest on an amount due under a bond from the date invoices are submitted, even when the amount owed is disputed.

Asphalt Paving Co. v. United States Fidelity & Guaranty Co. · filed 1983-05-12(2)

A dispute as to the amount due does not remove the claim from this section of the statute. ... We hold, therefore, that APC should receive interest on the amount found to be due from the time the invoices were submitted to USF & G.

Section 5-12-102(1) authorizes moratory interest whether or not a claim is liquidated.

Prospero Associates v. Redactron Corp. · filed 1983-09-29(1)

Moratory interest, which is not a creature of statute but rather an element of damages, may be awarded whether or not the claim is liquidated. ... This principle was given statutory authority with the 1979 amendment to § 5-12-102.

Section 5-12-102 permits prejudgment interest on damages for breach of a construction contract even when the amount was unliquidated at the time of wrongful withholding.

Hott v. Tillotson-Lewis Construction Co. · filed 1983-12-29(1)(a)

Therefore, the court erred in failing to award prejudgment interest from the date of completion of the house to the date of judgment or payment, whichever is first. The amount awarded should be determined pursuant to § 5-12-102(1)(a), C.R.S.1973 (1978 Repl.Vol. 8), or at plaintiffs’ election, pursuant to § 5—12—102(1)(b).

Section 5-12-102 allows prejudgment interest on an unliquidated claim from July 1, 1979, when judgment was entered after the amendment took effect, even if payment was wrongfully withheld earlier.

Murdock v. Cohen · filed 1988-04-07(3)

Here, the trial court determined that defendant had wrongfully withheld plaintiff’s money on March 22, 1979. Because judgment was entered after the effective date of the amendment, prejudgment interest should be awarded from July 1,1979, to the date judgment was entered.

Section 5-12-102 provides interest on unpaid redemption claims owed to shareholders treated as creditors.

Securities & Exchange Commission v. Alpine Mutual Fund Trust · filed 1993-05-12

The redeeming shareholders are creditors of the Funds and are entitled to be paid interest in accordance with § 5-12-102, C.R.S.

Section 5-12-102 allows prejudgment interest on a breach of contract award.

Lowell Staats Mining Co. v. Pioneer Uravan, Inc. · filed 1989-06-19

Under Colorado case law, we believe Staats is entitled to prejudgment interest under the provisions of § 5-12-102.

Absent an agreed rate, interest on a performance bond accrues at eight percent annually, compounded, from the date the claimant submits its bill for costs to the surety.

Pat's Construction Service, Inc. v. Insurance Co. of the West · filed 2005-12-01(2)

If no agreement as to the rate of interest exists, creditors “shall be allowed to receive interest at the rate of eight percent per annum compounded annually for all moneys after they become due on any ... bond ... and on money due on account from the date when the same became due.” Section 5-12-102(2), C.R.S.2005. ... On remand, the trial court must determine when Pat’s Construction submitted its bill of costs to ICW and award prejudgment interest from that date.

Section 5-12-102 allows prejudgment interest on contract payments wrongfully withheld after a breach and permits the claimant to elect an 8% annual rate compounded annually.

ConcealFab Corporation v. Sabre Industries, Inc. · filed 2020-02-07(1)(a)–(b)

Sabre’s breaches of contract are sufficient to entitle ConcealFab to prejudgment interest. Under Colorado law, where a party breaches a contract by failing to make required payments, the money owed under the contract has been “wrongfully withheld” for purposes of § 5–12–102(1)(a), Echo Acceptance Corp., 267 F.3d at 1092 (citing Mesa Sand & Gravel, 776 P.2d at 366), and the wrongful withholding of money or property entitles a prevailing party to prejudgment interest, Colo. Rev. Stat. § 5–12–102(1)(a). Thus, ConcealFab is entitled to prejudgment interest for Sabre’s breaches of contract. At the election of ConcealFab and in the absence of evidence of the benefit Sabre gained by breaching the various contracts, the Court applies the statutory interest rate of 8% compounded annually.

Section 5-12-102(1)(b) permits prejudgment interest from the date of a contract breach on damages for the value of a lost partnership interest.

Duran v. Montoya · filed 2024-06-27(1)(b)

Given that the jury awarded Duran damages for the value of the partnership interest he lost when Montoya and Kosmicki breached the partnership agreement, we conclude that the district court did not err by awarding prejudgment interest from the date of the breach.

Section 5-12-102(1) provides prejudgment interest for breach of contract, with interest on repair costs accruing when those costs are incurred.

Smart v. Stropas · filed 2025-01-23(1)

We therefore reverse the judgment to the extent it fails to award prejudgment interest, and we remand the case to the district court to award plaintiffs prejudgment interest under section 5-12-102(1). To the extent the damages are based on repair costs or other expenditures by plaintiffs, the prejudgment interest should run from the date those costs were incurred.

Section 5-12-102 allows interest on insurance proceeds once payment is due and the amount is sufficiently fixed.

Bloom v. Wolfe · filed 1976-03-04

"A policy of insurance is a contract," Olinger Mutual Benefit Association v. Christy, 139 Colo. 425, 342 P.2d 1000, and is within the meaning of "other instrument of writing." ... We hold that the moneys had "become due" by that time.

Section 5-12-102 provides statutory interest on a spouse’s share of home sale proceeds from the date of closing to enforce a judgment.

In Re the Marriage of Connell · filed 1992-04-23

Wife also contends that she is entitled to statutory interest under § 5-12-102, C.R.S. (1991 Cum.Supp.), on her share of the sale proceeds from the date of closing. We agree that such interest is proper to enforce the judgment.

Section 5-12-102 permits interest at eight percent per year, compounded annually, on overdue insurance payments even when the amount is unliquidated.

New Hampshire Insurance v. Tri Systems Consulting & Design, Inc. (In Re Tri Systems Consulting & Design, Inc.) · filed 1990-05-31(1)(b), (3)

Of importance, it should be noted that this principle applies regardless of whether the amount of the obligation is liquidated or not. ... Based on the five features of this dispute and the principles cited above, the Court finds that an award of interest under both C.R.S. § 5-12-102(l)(a) and (b) is appropriate. The Court shall award interest based at the statutory rate of 8% per annum compounded annually.

Section 5-12-102(1)(a) permits prejudgment interest on economic damages equal to insurance benefits wrongfully withheld after an insurer improperly denies a claim.

Herod v. Colorado Farm Bureau Mutual Insurance Co. · filed 1996-10-24(1)(a)

Here, the jury determined that Herod incurred $17,000 in economic losses resulting from CFB’s bad faith breach of the insurance contract relating to damages to the house. This amount equalled the benefit realized by CFB’s wrongful withholding of Herod’s insurance benefits. Thus, pursuant to § 5-12-102(1), Herod is entitled to prejudgment interest on this amount.

Section 5-12-102(1)(b) allows interest after money becomes due or is wrongfully withheld, but not on an amount the claimant cannot recover.

BonBeck Parker, LLC v. Travelers Indemnity Company of America, The · filed 2020-02-03(1)(b)

It follows such amount was not wrongfully withheld; therefore, statutory interest is also not recoverable on the withheld depreciation.

Section 5-12-102(1) requires prejudgment interest on wrongfully withheld insurer contribution, even though the contribution statute does not mention interest.

Safeco Insurance Co. v. Westport Insurance Corp. · filed 2009-07-09(1)

Additionally, subordinating the mandate of section 5-12-102(1) that prejudgment interest "shall" be awarded where money has been wrongfully withheld to the silence of former section 10-4-707(8) concerning interest would violate the principle that a court should strive for a harmonious interpretation which avoids conflict between statutes.

Section 5-12-102 authorizes interest on a judgment even when the judgment includes interest.

Security Insurance Company of Hartford v. Houser · filed 1976-06-28

We need only point out, to dispose of this contention that interest on a judgment is specifically authorized by C.R.S. 1963, 73-1-2. ... And, of course, a judgment may be composed of both principal and interest.

Section 5-12-102(4) authorizes interest on a judgment from its entry until it is satisfied.

Montgomery Ward & Co. v. State, Department of Revenue · filed 1983-04-14(4)

Interest on a judgment from the date of entry of judgment until satisfaction thereof is authorized by § 5-12-102(4), C.R. S.1973 (1982 Cum.Supp.). ... But, rather than being limited to the period between February 6, 1978 and May 1, 1981, we hold that interest is due from February 6, 1978, until the judgment is satisfied on the amount of tax liability in Wards’ deferred sales account from 1978 until the statute was amended.

Section 5-12-102(4) provides interest on judgments from entry until satisfaction at eight percent per year.

Didamo v. Tyrol Sport Arms Co. · filed 1984-02-16(4)

We agree, however, with plaintiffs’ contention that a prevailing party is entitled to interest on the judgment recovered. Section 5-12-102(4), C.R.S. (1983 Cum. Supp.) authorizes interest on judgments from the date of entry until satisfaction, at a rate of eight percent per annum.

Section 5-12-102(4)(a) permits post-judgment interest at the contract rate only for judgments entered on or after July 1, 1983.

Columbine Beverage Co. v. Continental Can Co. · filed 1986-03-13(4)(a)

The current statute, § 5-12-102(4)(a), C.R.S. (1985 Cum.Supp.) permits judgments to accrue interest at the rate specified in the underlying contract, but only applies to judgments entered on or after July 1, 1983. The court here entered its judgment in December of 1981.

Section 5-12-102 provides an eight percent statutory rate for post-judgment interest.

Church v. American Standard Insurance Co. of Wisconsin · filed 1988-10-20

Interest should have been applied pursuant to § 5-12-102, C.R.S. (1987 Cum.Supp.) which provides for a statutory rate of eight percent. Accordingly, the trial court’s award of post-judgment interest may not stand.

Section 5-12-102(4)(a) allows post-judgment interest at the contract rate when the contract provides for interest until the debt is paid in full.

Dikeou v. Dikeou · filed 1996-05-20(4)(a)

We conclude that since the notes provide for interest to accrue at a rate of 13% per annum until paid in full, this rate applies to post-judgment interest.

Section 5-12-102(4) allows interest on a judgment during an appeal by the judgment creditor, until the judgment is satisfied.

Indian Mountain Metropolitan Recreation & Park District v. J.P. Campbell & Associates · filed 1996-06-13(4)

According to its plain language, the interest allowed by § 5-12-102(4) applies to “all judgments,” except those covered under § 5-12-106. Section 5-12-106, in turn, applies only to appeals by judgment debtors. Thus, because judgments appealed by judgment creditors are not covered by § 5-12-106, they remain within the broad coverage of § 5-12-102(4); interest on such a judgment continues to accrue at the rate established by § 5-12-102(4) until it is satisfied.

Section 5-12-102(4)(b) sets an 8 percent interest rate for a judgment requiring repayment of child support payments improperly received by a social services department.

People ex rel. D.C. · filed 1990-08-09(4)(b)

Accordingly, we conclude that the trial court erred in assessing interest on the judgment at a rate of 12 percent rather than at the statutory rate of 8 percent pursuant to § 5-12-102(4)(b), C.R.S. (1989 Cum.Supp.).

Section 5-12-102(4) entitles a judgment creditor to interest on a judgment until it is satisfied, including when the judgment is collected through garnishment.

Ryan v. Duffield · filed 1995-06-29(4)

Further, §5-12-102(4), C.R.S. (1992 Repl.Vol. 2) states that “creditors shall be allowed to receive interest on any judgment recovered before any court authorized to enter the judgment within this state from the date of entering the judgment until satisfaction thereof is made....” ... Thus, pursuant to C.R.C.P. 103 § 2(g), the clerk was required to enter judgment against Duffield for Ryan’s use and Ryan was statutorily entitled to receive interest thereon.

Section 5-12-102(4)(b) sets postjudgment interest at 8% when the contract does not itself authorize a different rate, even when unpaid PIP benefits accrued 18% interest before judgment.

Loza v. State Farm Mutual Automobile Insurance Co. · filed 1998-04-02(4)(b)

However, since the insurance contract at issue here did not itself authorize the collection of postjudgment interest at the 18% rate, we conclude that the general 8% rate prescribed in § 5-12-102(4) governs.

Postjudgment interest begins to accrue on the date judgment is entered.

In Re the Marriage of Rodrick · filed 2007-06-28(4)

Postjudgment interest begins to accrue on the date judgment is entered, or, in this case, on October 13, 2006. Section 5-12-102(4), C.R.S.2006.

Section 5-12-102(4) requires postjudgment interest on the entire unpaid money judgment confirming an arbitration award, including attorney fees.

Barrett v. Investment Management Consultants, Ltd. · filed 2008-06-12(4)

Colorado law provides that postjudgment interest is to be paid on any judgment for money until the judgment is satisfied. ... These statutes require postjudgment interest on the entire judgment, regardless of the character of the judgment debtor's antecedent liability or the nature of the awards that, together, have given rise to the judgment.

Section 5-12-102 provides prejudgment interest on money wrongfully withheld or due and permits postjudgment interest on appealed judgments.

M.G. Dyess v. MarkWest Liberty Midstream & Resources · filed 2022-09-15(1)(b), (4)

Section 5-12-102, C.R.S. 2021, controls an award of prejudgment interest on claims that do not involve personal injury. ... The parties agree that all monetary amounts awarded in this case are subject to statutory pre- and post-judgment interest, and, based on the plain language of the applicable statutes, we agree.

When the parties have not agreed to an interest rate, section 5-12-102(1)(b) sets an 8% annual rate for wrongfully withheld money or property, except in personal injury actions.

Bai v. Denver · filed 2025-11-20(1)(b)

Section 5-12-102, C.R.S. 2025, sets forth the general provisions regarding the accrual of interest on money or property that has wrongfully been withheld. Under this statute, when the parties haven’t agreed to a particular rate of interest, the court applies a rate of 8% per annum.

Section 5-12-102(4)(a) allows post-judgment interest at the rate specified in a written contract that provides for interest until payment.

In Re Riebesell · filed 2009-01-21(4)(a)

Colorado statutes provide for post-judgment interest as follows: ... (a) At the rate specified in a contract or instrument in writing which provides for payment of interest at a specified rate until the obligation is paid; ... Absent any controlling authority to the contrary, and based on the particular facts of this case, we see no reason to deny Client a judgment measured by the "benefit-of-the-bargain rule."

Section 5-12-102 provides eight per cent interest on the unpaid portion of a condemnation award from the filing of the commission's certificate until payment.

Denver Urban Renewal Authority v. Hayutin · filed 1978-08-28

The owner finally contends that, like any other judgment creditor, the unpaid portion of the judgment draws interest at eight per cent from the date of entry of the judgment (here the date of filing of the certificate of ascertainment by the commission) until paid. See § 5-12-102, C.R.S.1973 (1976 Cum.Supp.). We agree. There is no conflict between § 38-1-116, C.R.S.1973, which provides for six per cent interest from the date of possession until the date the commission's award is filed with the court, and the general interest statute pertaining to interest thereafter. Once the amount of the valuation award has been ascertained, the result is like any other judgment. And, since the condemnation statutes are silent on the matter of interest for the period after judgment, the general statute on interest applies.

Section 5-12-102 authorizes 8% annual interest on money due on a written instrument or account, including a liquidated arbitration award from the date it is issued.

Columbine Valley Construction Co. v. Board of Directors · filed 1981-04-13

As to interest, section 5-12-102, C.R.S.1973 (1980 Supp.), Colo.Sess.Laws 1975, ch. 61, 5-12-102 at 257, authorizes interest at the rate of 8% per annum for money due on any instrument in writing or on account. The arbitration award represented a liquidated sum which became due and payable on the date of its issuance, March 8, 1979.

Section 5-12-102 does not require interest on a non-interest bearing promissory note awarded in a dissolution decree before it is due; statutory interest applies if the note is reduced to judgment after default.

In Re the Marriage of Lucas · filed 1981-06-04

Nor does § 5-12-102%, C.R.S.1973 (1980 Cum.Supp.) require an award of interest at this time. A decree determining property rights in a dissolution proceeding is a final judgment. In this case, however, the judgment for husband was in the form of a non-interest bearing promissory note due at a future date. In the event the wife defaults on the note, husband would, at that point, be entitled to reduce the note to judgment and receive interest at the statutory rate.

Section 5-12-102(4) provides that interest accrues on a judgment, not on a verdict or decision.

Fail v. Community Hospital · filed 1997-11-24(4)

In addition, the plain meaning of § 5-12-102(4), C.R.S. (1992 Repl.Vol. 2) is that interest accrues on judgments, not verdicts or decisions.

Interest under § 5-12-102 cannot accrue before the underlying damages claim arises.

Gundelach v. Gollehon · filed 1979-05-10

Defendants' breach of fiduciary duty did not occur until the land was disposed of, and plaintiff's right to recover damages and interest thereon accrued no earlier than that date. See § 5-12-102, C.R.S.1973 (1978 Cum.Supp.).

Section 5-12-102 allows interest from the date an amount becomes due.

Flight Systems, Inc. v. Elgood Mayo Corp. · filed 1982-12-16

Pursuant to § 5-12-102, C.R.S. 1973, as amended in 1975, interest was recoverable from the date the amount becomes due.

Interest on wrongfully withheld money begins when the withholding becomes wrongful; here, that was the date of the final demand for its return.

Danburg v. Realties, Inc. · filed 1984-01-12(1)(a)

Therefore, we hold that the trial court was correct in awarding interest on the $10,000 from August 6, 1979.

Section 5-12-102(1) allows interest on wrongfully withheld money; interest from a guarantor begins upon notice and demand.

Autocon Industries, Inc. v. Western States Construction Co. · filed 1986-08-14(1)

Section 5-12-102(1), C.R.S. (1985 Repl. Vol. 5) provides that when there is no agreement as to the rate of interest and when money has been wrongfully withheld, a creditor is entitled to interest in an amount which fully recognizes the gain or benefit realized by the person withholding such money from the date of the wrongful withholding to the date of payment or to the date judgment is entered, whichever first occurs, or at the election of the claimant. In contrast, when a guarantor of a debt has not paid an obligation which has matured and has become a primary obligation of that guarantor, interest is recoverable from the guarantor only from the time of notice and demand. Peoples Bank & Trust v. Warner, 35 Colo.App. 434, 535 P.2d 1132 (1975). There is no evidence that demand was made prior to the filing of the claim, and thus, the date of filing became the date of demand. Accordingly, we agree with the trial court’s ruling that interest should be paid from the date of filing since that is the date of notice and demand.

Prejudgment interest on payment for services begins when payment is expected or demanded, so that it has become due or is wrongfully withheld.

W.H. Woolley & Co. v. Bear Creek Manors · filed 1986-12-18(1)(b)

Until such time as payment for services is expected or demanded, payment cannot be deemed to have become due and nonpayment cannot be deemed a wrongful withholding. Consequently, the trial court was correct in awarding to developers prejudgment interest from the date of filing of their counterclaims.

Section 5-12-102(1)(a) allows prejudgment interest when payment becomes due or is wrongfully withheld, which requires payment to have been expected or demanded.

Riva Ridge Apartments v. Robert G. Fisher Co. · filed 1987-05-14(1)(a)

Until such time as payment for services is expected or demanded, payment cannot be deemed to have become due and nonpayment cannot be deemed a wrongful withholding. Consequently, the trial court should have awarded plaintiffs prejudgment interest against Fisher only from the date they filed their complaint in this action.

Section 5-12-102(1)(b) allows prejudgment interest from the time damages occur when a demand for payment is not an element of the claim.

Deacon v. American Plant Food Corp. · filed 1989-10-26(1)(b)

In this case, however, a demand for payment is not an element of the plaintiffs' claim. Thus, the plaintiffs are entitled to prejudgment interest from the time their actions accrued, that is, from the time their damages occurred.

Section 5-12-102(1) awards prejudgment interest from the date the action accrued, which is the date of wrongful withholding. If that date is disputed, the trial court must determine it.

Burt v. Beautiful Savior Lutheran Church of Broomfield · filed 1990-10-25(1)

Section 5-12-102(1), C.R.S. (1990 Cum. Supp.) provides that prejudgment interest shall be awarded on a damages award “from the date of wrongful withholding.” In all cases, the “date of wrongful withholding” is the date the action accrued, ... which, if disputed, should be determined by the trial court in its order awarding interest.

Section 5-12-102(1)(b) provides prejudgment interest on money wrongfully withheld, accruing from the time of the wrong.

Estate of Robert W. Korf, Sr. And Minnie Korf, Cross-Appellants v. A.O. Smith Harvestore Products, Inc., a Delaware Corporation, Cross-Appellee · filed 1990-11-06(1)(b)

Under the instant facts, money was wrongfully withheld from the Korfs on the date they were fraudulently induced to undertake the obligation for the defective Harvestore silo. In accordance with the direction of the state’s high court, we construe the statute liberally and conclude that the Korfs are entitled to prejudgment interest from the date they undertook the financial obligation for the Harvestore structure.

Interest on wrongfully withheld money or property runs from the date of withholding, even if the owner discovers it later.

Eads v. Dearing · filed 1993-12-30(1)(a)

The date when a claim accrues for statute of limitations purposes is independent from the date of the wrongful withholding for the purpose of awarding interest. And, although the dates may be the same, they need not be. ... Thus, the trial court properly found that the wrongful withholding occurred in 1980, even though the plaintiff did not discover the wrongful withholding until 1989. Under these circumstances, the court correctly concluded that an award of interest from 1980 would fully recognize the gain or benefit realized by the defendant.

Prejudgment interest on consequential damages begins when each element of damage is incurred.

Pegasus Helicopters, Inc., a Colorado Corporation v. United Technologies Corporation, a Delaware Corporation Hamilton Standard · filed 1994-09-13(1)(b)

Colorado law provides for the recovery of interest “for all moneys ... after they are wrongfully withheld or after they become due to the date of payment or to the date judgment is entered, whichever first occurs.” Colo.Rev.Stat. § 5-12-102(l)(b). Pegasus was entitled under this section to interest from the time its action accrued. ... We therefore hold that the district court erred in awarding prejudgment interest from the time of the initial breach of the express warranty, and we remand for a recalculation of prejudgment interest on each portion of the damages from the time each element of the consequential damages was incurred.

In a breach of contract action, prejudgment interest begins on the date of the breach.

Bowen v. Farmers Insurance Exchange · filed 1996-05-02(1)(b)

Under § 5-12-102(1)(b), C.R.S. (1992 Repl.Vol. 2), the non-breaching party is entitled to recover prejudgment interest from the date of the breach.

An innocent constructive trustee begins wrongfully withholding funds under § 5-12-102 when it receives a demand for payment, allowing the claimant to elect statutory prejudgment interest from that point.

Lyons v. Jefferson Bank & Trust · filed 1993-06-17(1)(b)

Only then did Jefferson Bank begin wrongfully withholding the funds within the meaning of § 5-12-102, permitting Iowa Trust to elect statutory pre-judgment interest.

Prejudgment interest in a legal malpractice action begins when the client discovers or reasonably should discover the attorney’s negligence and suffers resulting damage.

Smith v. Mehaffy · filed 2000-12-21(1)(b)

We conclude that the same definition of accrual should apply here, and that Smith's action accrued when he discovered or through the use of reasonable diligence should have discovered Mehaffy's negligent act and he suffered damages caused by that negligence. That determination is a question of fact, see Morris v. Geer, supra, and on remand the trial court is directed to modify the judgment to award Smith prejudgment interest from the date of the accrual.

Prejudgment interest on the cost of replacing a defective product begins when the product is installed if it was defective at that time.

Loughridge v. Goodyear Tire & Rubber Co. · filed 2003-08-22(1)(b)

As in Korf, Goodyear’s defective product — whether functional for a time or not — was defective from the time of installation. Accordingly, funds owed for such replacement were wrongfully withheld starting at the time of installation.

Section 5-12-102(1)(b) allows prejudgment interest from when a party is wronged and suffers damages, even if the party discovers the injury later.

Porter Construction Services, Inc. v. Ehrhardt, Keefe, Steiner, & Hottman, P.C. · filed 2005-08-25(1)(b)

As we read the senator’s statement, § 5-12-102 was intended to provide interest to prevailing parties “from the time they were wronged,” and that was synonymous with when the action “accrued.”

For an improperly denied insurance claim, prejudgment interest begins when the insurer denies the claim after completing its investigation.

Home Loan Investment Co. v. St. Paul Mercury Insurance · filed 2014-11-25(1)(a)

Thus, Travelers did not begin its “wrongful withholding” of Home Loan’s claim award until after Travelers would have paid the claim in the normal course of events, i.e., after an investigation was completed and Travelers notified Home Loan of this fact.

Section 5-12-102 provides eight percent annual compound prejudgment interest, which runs from the date of a breach of fiduciary duty when that breach wrongfully withholds money or property.

McWhinney Holding Company, LLLP v. Poag · filed 2021-07-19(1)(b)

Under that statute prejudgment interest for breach of fiduciary duty runs from the date of the breach. ... The Court finds that the date the Mezzanine Loan closed, April 23, 2007, is the date of the breach, i.e., the date after which the money or property was wrongfully withheld.

Section 5-12-102 governs interest on a liquidated sum when the parties have not agreed on an interest rate.

Hayes v. North Table Mountain Corp. · filed 1979-12-20

The right to interest for a liquidated sum where there is no express agreement as to the rate thereof is governed by § 5-12-102, C.R.S. 1973. Here, based on the oral contract, the commission due Hayes fell within the statute, and interest on the commission became due as a matter of law when Western Paving exercised its option.

Section 5-12-102(1)(b) supplies the interest rate when the parties have not agreed to a contractual rate.

Surplus Electronics Corp. v. Gallin · filed 1982-10-14(1)(b)

Hence, seller is entitled only to interest as prescribed in § 5-12-102(l)(b), C.R.S.1973 (1981 Cum. Supp.).

Section 5-12-102(2) supplies eight percent annual interest from maturity when an agreement sets no interest rate for default or maturity.

Weston v. Mincomp Corp. · filed 1985-02-28(2)

Section 5-12-102(2), C.R.S. (1984 Cum.Supp.) provides that “when there is no agreement as to the rate thereof, creditors shall be allowed to receive interest at the rate of eight percent per annum ... for all moneys after they become due.... ” Thus, inasmuch as the parties here did not state in the agreement what interest rate would apply in the event of default or maturity, the interest fixed by law attaches from the date of maturity as recompense for detention of the payable principal sum.

Section 5-12-102 applies only when there is no agreement on the interest rate; waiving interest under an agreed rate does not make the section applicable.

Ebrahimi v. EF Hutton & Co., Inc. · filed 1989-10-19

Likewise, we reject Hutton’s contention that it is entitled to moratory interest pursuant to § 5-12-102, C.R.S. (1988 Cum.Supp.). That statute is applicable only “when there is no agreement as to the rate [of interest].” Thus, if, as here, there is a specific agreement for interest, but the right to interest has been waived, § 5-12-102 is not applicable.

Section 5-12-102 provides an eight percent interest rate when the parties have not agreed on a rate.

Rios v. Mireles · filed 1996-08-22

Section 5-12-102, C.R.S. (1992 Repl.Vol. 2) allows creditors to receive interest at the rate of eight percent when there is no agreement concerning the rate of interest.

Section 5-12-102(1)(b) supplies an 8% annually compounded legal interest rate for restitution when there is no evidence of a different interest loss or an interest agreement.

People v. Valenzuela · filed 1994-06-06(1)(b)

We further agree with the sentencing court that the "legal rate" contemplated by § 26-2-128(1) is that set forth in § 5-12-102(1)(b). That is, in the absence of evidence that the interest lost by the victim differed from the amount calculated by application of the statutory rate, or of an agreement pertaining to interest, the interest to be assessed for purposes of restitution shall be determined at the rate of 8% compounded annually from the date that the monies were wrongfully obtained.

Section 5-12-102 supplied a 6% annual interest rate for a mechanic’s lien claim before the mechanic’s lien interest statute took effect.

Thirteenth Street Corp. v. A-1 Plumbing & Heating Co. · filed 1982-02-01

Prior to the effective date of the mechanic’s lien interest statute, City Electric Company will receive interest at a rate of 6% per annum, in accord with the provisions of the general interest statute, section 5-12-102, C.R.S.1973, as it existed at that time.

Section 5-12-102 supplies a 6% interest rate for transactions entered into or accrued before July 1, 1975; its later 8% rate does not apply retrospectively to those transactions.

Alfred Brown Co. v. Johnson-Gibbons & Reed Western Paving-Kemper · filed 1984-07-19

The statutory rate of interest in effect for transactions, such as the one at issue here, which were entered into or accrued before July 1,1975, was 6%. Section 5-12-102, C.R.S. The amendment to § 5-12-102, C.R.S., allowing interest at a rate of 8% does “not operate retrospectively to affect a pre-existing transaction.”

Section 5-12-102 allows interest on wrongfully withheld money even when the amount remains unliquidated until judgment, for judgments entered on or after July 1, 1979.

Jasken v. Sheehy Construction Co. · filed 1982-02-25(3)

This section became effective July 1, 1979, and applied to any judgment entered on or after that date. Judgment here was entered on August 29, 1980. Hence, the court did not err when it awarded interest on the wrongfully withheld sum even though the exact amount was unliquidated until the date of judgment.

Section 5-12-102 allows prejudgment interest on wrongfully taken or withheld money or property even when the amount was unliquidated before judgment.

Amber Properties, Ltd. v. Howard Electrical & Mechanical Co. · filed 1989-03-27(1), (2), (3)

Beginning in July 1979, the statute expressly allowed the assessment of pre-judgment interest for the value of money or property wrongfully taken or withheld, even if the amount so taken or withheld was unliquidated prior to the entry of judgment.

Section 5-12-102 allows prejudgment interest on an unliquidated property damage claim from the time the damage occurred.

Isbill Associates, Inc. v. City & County of Denver · filed 1983-04-14(3)

The legislative history clearly indicates that all cases are to be treated equally regarding the time interest begins to accrue. ... Thus, we affirm the trial court’s award of prejudgment interest accruing from the week of the flooding incidents.

Section 5-12-102 does not allow prejudgment interest on punitive damages because they remain unliquidated until judgment.

Coale v. Dow Chemical Co. · filed 1985-04-25

We therefore conclude, in accordance with our interpretation of § 5-12-102, C.R.S. (1984 Cum.Supp.), and the prevailing. view in other jurisdictions, that prejudgment interest cannot apply to punitive damage awards, and that the trial court was correct in so ruling.

Section 5-12-102 allows prejudgment interest on damages; after a general verdict, the court must make findings about the basis for the damages.

Pierson v. United Bank of Durango · filed 1988-03-17

Section 5-12-102, C.R.S., allows plaintiffs prejudgment interest on their damages. In the case of a general verdict, the court is required to make findings regarding the basis upon which damages were due.

Section 5-12-102 allows prejudgment interest from the date damages were wrongfully withheld and requires the court to determine the basis for damages when the jury returns a general verdict.

Coleman v. United Fire & Casualty Co. · filed 1988-08-18

Section 5-12-102, C.R.S. (1987 Cum. Supp.) allows plaintiffs prejudgment interest on their damages from the date of wrongful withholding. In the case of a general verdict, the court is required to make findings regarding the basis upon which damages were due.

Section 5-12-102 permits prejudgment interest on money or property wrongfully withheld; reimbursement that was neither due nor claimed before trial does not qualify.

Britvar v. Schainuck · filed 1989-12-07

Section 5-12-102, et seq., C.R.S. (1989 Cum.Supp.) is to be liberally construed to permit recovery of prejudgment interest on money or property wrongfully withheld. ... Thus, since there is no evidence that such reimbursement was either due, claimed, or wrongfully withheld, prior to the start of trial, plaintiff is not entitled under the statute at issue to prejudgment interest on the award of out-of-pocket expenses.

Section 5-12-102 allows prejudgment interest on past losses that were due before payment or judgment, but not on future wages and benefits.

Shannon v. Colorado School of Mines · filed 1992-11-19

The plain language of this statute indicates, however, that prejudgment interest is allowed only on past losses. Section 5-12-102 specifically awards interest on money which is due and owing prior to the date of payment or prior to the date judgment is entered.

Section 5-12-102 permits prejudgment interest on the full amount an insurer paid under a policy voided by the insured’s fraud, because the insured wrongfully withheld that money.

Frontier Exploration, Inc. v. American National Fire Insurance Co. · filed 1992-12-17

Prejudgment interest is authorized by § 5-12-102, C.R.S. (1992 Repl.Vol. 2) when money or property has been “wrongfully withheld.” ... In sum, we conclude that Frontier “wrongfully withheld” the $117,050 from American and that the trial court did not err by awarding prejudgment interest on the entire amount.

Section 5-12-102 limits prejudgment interest to money or property wrongfully withheld, rather than all compensatory damages flowing from the withholding.

South Park Aggregates, Inc. v. Northwestern National Insurance Co. of Milwaukee, Wisconsin · filed 1992-12-17(1)

To interpret § 5-12-102 as permitting recovery for all compensatory damages flowing from a wrongful withholding would render meaningless the statutory language limiting prejudgment interest to that money or property “wrongfully withheld.”

Section 5-12-102 allows interest on a property damage award from the time the plaintiff was wronged.

Combined Communications Corp. v. Public Service Co. of Colorado · filed 1993-07-01

In Isbill Associates v. Denver, 666 P.2d 1117, 1122 (Colo.App.1983), also a property damage case, it was held that the language of § 5-12-102, while facially unclear, was intended to provide for the award of interest “not from the time the suit was filed, not from the time the judgment was entered, but from the time they [the plaintiffs] were wronged.” The court’s award here, therefore, was in accord with this statute.

Section 5-12-102(1) provides prejudgment interest on property damages caused by an existing wrong, even when the harmful conduct will continue.

Cook v. Rockwell International Corp. · filed 2008-06-02(1)

As a result, Plaintiffs are entitled to an award of prejudgment interest under § 5-12-102.

Section 5-12-102(2) provides eight percent annual interest, compounded annually, on a commission owed under a written listing when no interest rate was agreed; interest begins when the broker earns the commission.

MacK v. McKanna · filed 1984-05-10(2)

Here, based on the express single party listing set out in the agent’s letter, the broker’s commission became due as a matter of law when the broker produced a buyer ready, willing, and able to purchase the property, and interest at the statutory rate began to accrue at that time.

Section 5-12-102(4)(a) allows interest on an unpaid note at the agreed rate from execution until satisfaction of judgment.

Sherman v. Sprentall · filed 1985-09-05(4)(a)

Thus, the interest rate specified in the disclosure statement, 21 percent per annum, is the applicable rate. Moreover, since no payments had been made on the note, the trial court properly awarded interest at this rate from the time of execution of the note until satisfaction of judgment. See § 5-12-102(4)(a), C.R.S. (1984 Cum.Supp.).

Section 5-12-102’s statutory interest rate does not cap interest awarded on a spouse’s equity in the family home as part of a marital property division.

In re the Marriage of Palanjian · filed 1986-08-28

The husband next contends that the trial court abused its discretion in ordering that he pay 12 percent interest on the note to the wife for her interest in the family home. He argues that § 5-12-102, C.R.S., should apply, and that an interest rate of only 8 percent should have been ordered. We conclude that the trial court did not abuse its discretion. ... The trial court is required to balance the equities in dividing property, and we decline to hold that all interest awards in property division situations must be limited to the statutory rate.

Section 5-12-102(1) allows interest on awarded attorney fees and costs only from the date of the award because they were neither wrongfully withheld nor due before then.

Bassett v. Eagle Telecommunications, Inc. · filed 1987-12-10(1)

In our view, they cannot be considered to be sums “wrongfully withheld” for purposes of § 5-12-102(l)(a), C.R.S. (1987 Cum.Supp.), and they did not become due under § 5-12-102(l)(b) until the date that the court awarded such fees.

Section 5-12-102(1)(a) does not provide prejudgment interest on attorney fees under a wrongful withholding theory when entitlement to the fees arises only after prevailing at trial.

Roget v. Grand Pontiac, Inc. · filed 2000-01-06(1)(a)

We do not agree that this argument is cognizable under a theory of wrongful withholding. The Rogets were not legally entitled to an award of attorney fees against Grand Pontiac until they prevailed at trial Thus, Grand Pontiac did not withhold attorney fees from the Rogets' counsel, much less wrongfully withhold such fees.

Section 5-12-102 does not provide prejudgment interest on an award of litigation costs.

Farmers Reservoir & Irrigation Co. v. City of Golden · filed 2005-05-23

We therefore address Golden’s argument as if it sought prejudgment interest under section 5-12-102. ... Thus, the water court abused its discretion in awarding mora-tory interest on the cost award.

Section 5-12-102(4) starts interest on an award of attorney fees that shifts litigation costs when a final order quantifies the fees.

Kennedy v. King Soopers Inc. · filed 2006-09-07(4)

We conclude that, within the meaning of § 5-12-102(4), the pertinent “judgment” was issued not on July 16, 2002, when the underlying action was dismissed, but on April 14, 2005, when the trial court issued its final appealable order determining the amount of fees and costs. Accordingly, we conclude that interest on this award must run from April 14, 2005.

Prejudgment interest on replacement costs damages accrues when the plaintiff incurs the replacement costs.

Goodyear Tire & Rubber Co. v. Holmes · filed 2008-10-06(1)(b)

Therefore, we hold that "wrongful withholding" occurred when Holmes incurred the replacement costs, and prejudgment interest under section 5-12-102(1)(b) accrues from that date.

Section 5-12-102 allows interest on damages but not on costs.

Catlin v. Tormey Bewley Corp. · filed 2009-07-23

Second, under section 5-12-102, C.R.S.2008, interest may be recovered on damages, but the statute does not allow for interest on costs.