DEMAND LETTER - BREACH OF CONTRACT
State of Colorado
[LAW FIRM NAME]
Attorneys at Law
[FIRM ADDRESS]
[CITY], Colorado [ZIP]
Tel: [TELEPHONE]
Colorado Bar No. [BAR NUMBER]
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
[DATE]
[RECIPIENT NAME]
[COMPANY NAME]
[ADDRESS]
[CITY, STATE ZIP]
Re: Formal Demand - Breach of Contract
Contract Date: [DATE]
Our Client: [CLIENT NAME]
Demand Amount: $[TOTAL]
Dear [RECIPIENT NAME]:
This firm represents [CLIENT NAME] regarding the above-referenced Contract. You have materially breached the Contract, and we demand immediate cure and compensation.
I. BACKGROUND
On [DATE], our Client and you entered into the Contract for [DESCRIBE]. You have breached by [DESCRIBE BREACHES].
II. COLORADO CONTRACT LAW
Under Colorado law, breach of contract requires: (1) existence of a contract; (2) performance by plaintiff or justification for non-performance; (3) defendant's failure to perform; and (4) resulting damages. See W. Distributing Co. v. Diodosio, 841 P.2d 1053 (Colo. 1992).
III. DAMAGES
A. Compensatory Damages
| Category | Amount |
|---|---|
| Direct Damages | $[AMOUNT] |
| Consequential Damages | $[AMOUNT] |
| SUBTOTAL | $[SUBTOTAL] |
B. Prejudgment Interest
Under C.R.S. section 5-12-102, prejudgment interest accrues at 8% per annum or the statutory rate (currently tied to Treasury rate plus 2%).
C. Attorney Fees
[IF CONTRACTUAL:] The Contract provides for attorney fees.
IV. STATUTE OF LIMITATIONS
Under C.R.S. section 13-80-101, contract claims must be brought within 3 years. This claim is timely.
V. DEMAND
Within [30] days, pay $[TOTAL] or cure the breach.
VI. CONSEQUENCES
Failure to comply will result in suit in Colorado District Court seeking all damages, interest, and costs.
[LAW FIRM NAME]
By: _______________________________
[ATTORNEY NAME]
Colorado Bar No. [BAR NUMBER]
cc: [CLIENT NAME]