If your company is served with a lawsuit, take these immediate steps:

1. Note the response deadline on the summons—this is critical as failure to respond can result in default 

2. Preserve all relevant documents and electronically stored information to avoid spoliation claims

3. Notify your insurance carrier if the claim might be covered by your business policies

4. Consult with a business litigation attorney before communicating with the opposing party or their counsel

At Structura Law, we can help assess the complaint, evaluate potential defenses and counterclaims, and develop a strategic response plan that protects your business interests while meeting critical deadlines.

Business litigation timelines in Colorado vary significantly based on:

• Case complexity and number of parties

• Court docket congestion in the particular jurisdiction

• Discovery scope and disputes

• Motion practice

• Trial scheduling

Simple contract disputes might resolve within 6-12 months, while complex commercial litigation often takes 18-36 months to reach trial. However, many cases settle before trial, often after key discovery or motion practice. At Structura Law, we develop litigation strategies aimed at achieving favorable results as efficiently as possible, whether through early dispositive motions, strategic discovery, or settlement discussions.

In Colorado business litigation, available damages typically include:

• Compensatory damages to place the injured party in the position they would have been in absent the wrongful conduct

• Consequential damages for foreseeable losses resulting from the breach or wrongful act

• Liquidated damages if specified in the contract and deemed reasonable

• Specific performance in appropriate cases where monetary damages are inadequate

• Attorney fees and costs if provided for in the contract or applicable statute

• Punitive damages in limited cases involving fraud or willful and wanton conduct

Colorado courts generally focus on making the injured party whole rather than punishing the wrongdoer, except in cases of truly egregious conduct. At Structura Law, we help clients realistically assess potential damage recovery while developing litigation strategies to maximize legitimate claims.

Business litigation costs depend on several factors:

• Case complexity and number of parties

• Volume of documents and electronic discovery needs

• Expert witness requirements

• Motion practice scope

• Trial length if not settled earlier

At Structura Law, we provide realistic cost assessments based on litigation phases, helping you evaluate the cost-benefit equation at each stage. We offer clear billing practices with regular updates.

We focus on efficient, targeted litigation strategies that maximize leverage while controlling costs—recognizing that protracted litigation rarely serves business interests unless the stakes or principles justify the investment.

The decision between litigation and settlement should be based on a strategic assessment of:

• Strength of your legal position and available evidence

• Potential damages compared to litigation costs

• Business relationship considerations

• Precedent concerns for future disputes

• Privacy and reputational factors

• Time considerations and opportunity costs

At Structura Law, we provide objective analysis of your litigation position, helping you make informed decisions about when to pursue aggressive litigation and when settlement might better serve your interests. We approach each case prepared for trial while remaining strategic about settlement opportunities that may arise from our litigation positioning.

Colorado statutes of limitation for business claims vary by claim type:

• Written contract disputes: 3 years from the date of breach

• Oral contract disputes: 3 years from the date of breach

• Fraud claims: 3 years from when the fraud was discovered or should have been discovered

• Breach of fiduciary duty: 3 years from the breach

• Trade secret misappropriation: 3 years from discovery

• Business torts (generally): 2 years from the date of injury

However, these timeframes can be modified by contractual agreements, tolling provisions, or continuing violation doctrines. We recommend consulting with a litigation attorney promptly after a dispute arises to ensure preservation of rights and claims.

In Colorado business litigation, attorney fees are usually not recoverable, unless one of the following exceptions applies: 

• When expressly provided for in the contract at issue

• Under certain statutes for specific claim types (e.g., Colorado Consumer Protection Act, trade secret cases)

• When the opposing party's claims or defenses lack substantial justification under Colorado's fee-shifting statute

The "American Rule" generally requiring each party to bear their own attorney fees applies in most cases unless one of these exceptions exists. At Structura Law, we evaluate potential fee recovery opportunities at the outset and develop litigation strategies to position for fee awards when available.