Author Archives: Traci

Breach of Contract

When two parties enter into a contract, they are legally bound to uphold the obligations or promises expressed in that contract. If either party fails to perform or adhere to the promises set forth, this is known as a breach of contract. A Breach of Contract attorney is usually the best option when it comes to understanding and interpreting the contractual obligations, and to provide counsel and advice in trying to settle any dispute. Ted Bendelow of Bendelow Law Office, LLC has been providing general counsel, to include Breach of Contract law for over 40 years.

There are different types of breaches of contracts that can occur. They include:

Minor Breach: A minor breach, also known as a partial breach, occurs when a party of the contract partially fulfills the contract but fails to meet a minor condition of that contract.
Example: A contractor completes the work stated in a contract, but is a week late doing so.

Material/Fundamental Breach: A material breach occurs when a party fails or refuses to perform what is outlined in an agreement. Such breach can result in the non-breaching party suing for damages and termination of the contract.
Example: A contractor agrees to build a 3,000 square foot addition to your business, but upon completion, there is only 2,000 square feet.

Anticipatory Breach: An anticipatory breach occurs when it becomes apparent that one party will not fulfill the terms outlined in the contract. When the aggrieved party believes that there has been an anticipatory breach, that party can sue for damages, demand terms be filled, or suspend the agreement.
Example: A service company agrees to perform work in a restaurant. The restaurant agrees to pay half of the repair expense up front to secure the job. The service company does not begin the work on the agreed date and continues to delay the repairs.

If handled correctly, many breaches of contract can be solved outside of the courtroom, saving time and money for the client. A skilled and knowledgeable Breach of Contract attorney can provide sound advice and offer mediation to facilitate constructive negotiations between the parties. Ted Bendelow of Bendelow Law Office, LLC understands the complexities of contract law and has provided his expertise to clients in Boulder, Longmont, Denver and throughout Northern Colorado. Give the experienced team at Bendelow Law Office a call today.

Contract Law

At one point or another, most of us have entered into some type of agreement with another party. If you have leased or purchased property, started a business partnership, or agreed on the price of home repairs or improvements, then chances are you have signed a contract to solidify the agreement made. These agreements, whether verbal or in writing (except for real estate, which must be in writing), are contracts and are legally binding, however verbal contracts can be more difficult to validate.

Contracts are written to express the responsibilities of each party entering into an agreement, and while this may seem somewhat basic, the way in which a contract is written can be quite complex. A poorly written contract can result in dispute and/or legal action, therefore, hiring a Contract Law attorney can make all the difference when it comes to contract formation and structure. Not only can a Contract Law attorney adequately assist in crafting a contract, they can offer advice on existing contracts and general counsel should a contract need enforcing.

For a contract to be legally effective, there are certain requirements that must be met. These requirements include:

Legal Purpose: The purpose of the contract must not violate any laws. For example, one cannot agree to steal a car in exchange for monetary gain.
Competent Parties: Each party entering into a contract must be of legal age and be of sound mind. In other words, those entering the agreement should be capable of doing so, while understanding what they are doing.
Offer and Acceptance: A contract is considered valid once an offer is made by one party and accepted by another. The offer must state what the “offeror” is committed to be bound to and agreed upon by the party accepting said offer, or the “offeree”.
Consideration: The concept of consideration is that each party of the contract agrees to provide something of value in exchange for the same. Without consideration, there is not binding contract.
Mutual Assent: Mutual assent is the agreeance of the two parties who are entering into a contract. Both parties agree to the terms set once all requirements are in place. Also referred to as the “meeting of the minds”.

Ted Bendelow of Bendelow Law Firm, LLC has over 46 years of general counsel experience to include Contract Law and Breach of Contract. He has proudly served clients in Boulder, Longmont, Denver and throughout Northern Colorado. If you need the expertise of a Contract Law attorney, call Ted Bendelow at Bendelow Law Office, LLC for a consultation.

Business Law Attorney, Colorado

Business law is an area of law that pertains to every aspect of business start-up and ownership. Business creation requires an understanding of the formation, or entity, of the company and the correct filing of the necessary documents with state and local agencies to establish the new business. Once the business is established, the functions of business law include the governance of the company regarding public interaction, tax laws, employee rights, mergers and acquisitions, and business dissolution, to name a few.

Acquiring a business attorney who understands the complexities of business law can make all the difference when it comes to starting and maintaining a business. Ted Bendelow of Bendelow Law Office LLC has practiced law for over 46 years and offers his services in Denver, Boulder, Longmont and throughout northern Colorado.

Some areas of business law that Bendelow Law Office LLC specialize include:

  • New Business Start-Up: After careful analysis and discussion, Bendelow Law Office, LLC will help you determine the best entity for your business. Once the business formation is determined, Bendelow Law Office, LLC will prepare and file the required documents to establish your new company.
  • Business Ownership: For established businesses, Bendelow Law Office, LLC will provide general counsel for various legal needs to include employee benefits and agreements, wage administration, debt collection, and business litigation, as well as other areas of legal counsel that pertain to business law.
  • Compliance Program: Bendelow Law Office LLC will continuously work with your corporation or limited liability company through their compliance program that is offered. This program is designed to assist business owners with proper documentation of the business’s innerworkings.
  • Mergers and Acquisitions: Businesses tend to change. With that said, we can assist you throughout the changes. We offer legal assistance with restructuring, growth, mergers and acquisitions of other companies, and the sale of your business. Should you choose to dissolve a business, our legal team will work with you throughout the process.

These are just a few areas of business law that Bendelow Law Office LLC practice. If you live in Colorado and seek a business attorney, Ted Bendelow of Bendelow Law Firm LLC has the knowledge and expertise in business law to offer trusted, professional legal counsel. Call the experienced team at Bendelow Law Firm LLC for a consultation today.

Water Rights Attorney in Colorado

When it comes to water rights in Colorado, it can be difficult to understand the complex nature in which such rights are regulated by Colorado’s laws. While water rights vary from state to state, Colorado controls the allocation of water based on the prior appropriation system. This system determines who uses the water, when the water is used, and various uses allowed. This governed system is also known as the priority system, or “first in time, first in right”. In other words, the first person to take water and put it to beneficial use has first water rights to that water system. Keep in mind, Colorado’s appropriation system is much more complicated than appears, which is why it is important to use a water rights attorney. Ted Bendelow at Bendelow Law Offices, LLC has been offering general counsel in Colorado, to include water rights, for over 38 years.

Ted Bendelow of Bendelow Law Offices, LLC provides legal counsel in most aspects of water rights laws. Some of his services include:

• Protection of existing water rights
• Investigation of water rights
• Negotiation and drafting of contracts
• All phases of water rights litigation, to include representation in the courts
• Water rights involved in real estate transactions
• State and local issues pertaining to water rights

To manage water rights in Colorado, the use of legal counsel is highly recommended. An experienced attorney will help to navigate through the complex legal process and provide a better understanding of water rights laws in Colorado. Ted Bendelow of Bendelow Law Offices, LLC has the knowledge and expertise pertaining to Colorado’s water rights. Ted Bendelow and his team of experts offers legal counsel to ranchers, farmers, homeowners, lenders, land developers, and real estate brokers.

The most common individual questions involve learning about water rights in general and the their situation. I have represented various ditch companies for years and and general counsel work is most common, with little involvement in water rights or water court. In both casesability to address clients concerns is most crucial.

Whether a government agency, business owner, or private citizen, if you are seeking the representation of a water rights attorney in Colorado, call the experienced legal team at Bendelow Law Office, LLC.