When Another Party's Wrongful Conduct Has Damaged Your Business, You Need a Trial Lawyer — Not a Letter Writer

Business disputes don't always start with a signed contract. Sometimes the harm comes from a competitor's deceptive tactics, a partner's deliberate interference, or conduct so wrongful it crosses from bad business into legal liability. If you've suffered real financial damage because of another party's intentional or negligent misconduct, a business torts claim may be the right path — and The Fields Group has the trial experience to take it all the way.

What Is a Business Tort?

A business tort is a civil wrong that causes economic harm to a business or individual outside the context of a formal contract breach. These claims arise when someone engages in conduct that is deceptive, coercive, or deliberately harmful — and that conduct causes measurable financial damage.

 

Common business tort claims include:

 

  • Fraudulent misrepresentation
  • Tortious interference with contract or business relations
  • Unfair competition and trade secret misappropriation
  • Negligent misrepresentation
  • Conversion of business assets
  • Civil conspiracy
  • Defamation affecting business reputation

 

Business tort litigation is complex. These cases require a lawyer who can investigate the underlying conduct, build a factual record, and present a compelling case to a judge or jury — not one who will push you toward a quick settlement to close the file.

The Conduct That Creates Business Tort Liability

Not every business dispute rises to the level of a tort. What separates a tort claim from an ordinary dispute is the nature of the wrongful conduct — intentional, deceptive, or reckless behavior that causes harm beyond what a contract claim would capture.

 

The Fields Group handles business tort claims involving:

 

  • A competitor deliberately inducing your clients or vendors to break contracts with you
  • False statements made about your business, products, or services to customers or the market
  • A partner, employee, or third party misappropriating confidential business information or trade secrets
  • Fraudulent inducement into a transaction — where someone made material misrepresentations to get you to sign or pay
  • Coordinated schemes among multiple parties designed to undermine your business operations

 

If the conduct you experienced goes beyond a simple disagreement and into deliberate harm, it's worth having an attorney evaluate whether a tort claim exists alongside or separate from any contract dispute.

Why Business Tort Cases Require Trial-Ready Counsel

Business tort litigation is not resolved with a demand letter. These cases involve disputed facts, contested intent, and opposing counsel who will fight hard to characterize the conduct as ordinary business competition rather than actionable wrongdoing.

The Fields Group brings 36 years of litigation and trial experience to every civil case we handle. Doug Fields is an actual trial lawyer — he has tried cases to verdict in Colorado courts, including in Jefferson County, and is prepared to take your case to trial if that's what it takes to achieve the right outcome. Catalina Miranda, our Sr. Litigation Paralegal, works alongside him building every case.

We represent clients in business tort matters across Jefferson County, Arapahoe County, and the greater Denver metro — and we handle civil litigation throughout Colorado.

What Damages Are Available in a Business Tort Claim?

Depending on the nature of the claim and the conduct involved, business tort plaintiffs may be entitled to recover more than their direct economic losses.

 

Recoverable damages in business tort cases can include:

 

  • Lost profits and lost business opportunities
  • Damage to business reputation and goodwill
  • Costs incurred as a result of the wrongful conduct
  • Consequential damages flowing from the harm
  • Punitive damages, where the conduct was particularly egregious or intentional
  • Attorney's fees, in certain categories of claims

 

Punitive damages are available under Colorado law in cases involving fraud, malice, or willful and wanton conduct. When the facts support it, we pursue the full scope of what the law allows — not just the floor.

How The Fields Group Approaches Business Tort Litigation

Every business tort case we take begins with a thorough evaluation of the facts, the legal theories available, and the practical path to recovery. We work directly with our clients — you speak with Doug Fields, our Founding Attorney, or Catalina Miranda, our Sr. Litigation Paralegal — and we keep you informed at every stage. 

 

Our approach to civil litigation includes:

 

  1. Case evaluation: We assess the strength of the underlying conduct claim, the evidence available, and the realistic damages picture before recommending a course of action.
  2. Investigation and discovery: Business tort cases live and die on the factual record. We build the evidentiary foundation necessary to support your claims at trial or in settlement negotiations.
  3. Strategic positioning: We litigate with trial in mind from day one. That posture affects how we draft pleadings, conduct depositions, and respond to opposing motions.
  4. Resolution on your terms: We pursue settlement when it reflects the full value of your claim. When it doesn't, we try the case.
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Common FAQs

Frequently Asked Questions About Business Torts in Colorado

  • What is the difference between a business tort and a breach of contract claim?

    A breach of contract claim arises when a party fails to perform an obligation they agreed to. A business tort claim arises from wrongful conduct — deception, interference, or deliberate harm — that may exist entirely outside a contract or alongside a contract dispute. In many cases, both claims exist at the same time, and pursuing both can expand your potential recovery.

  • How do I know if I have a viable business tort claim?

    The core question is whether another party engaged in conduct that was wrongful — not just disappointing or unfair — and whether that conduct caused you measurable financial harm. The best way to evaluate this is through a direct conversation with an attorney who can assess the specific facts. We offer a free initial consultation for civil litigation matters.

  • Can I recover punitive damages in a business tort case?

    Punitive damages are available under Colorado law when the defendant's conduct involved fraud, malice, or willful and wanton disregard for your rights. They are not available in every case, but when the facts support them, they can significantly increase the total recovery. Whether punitive damages are appropriate depends on the specific conduct and the evidence available.

  • How long do I have to file a business tort claim in Colorado?

    The statute of limitations varies depending on the type of claim. Fraud claims generally carry a three-year limitations period in Colorado, while other tort claims may be subject to a two-year period. Because these deadlines can be affected by when the harm was discovered and other factors, it's important to speak with an attorney as soon as you believe a claim may exist.

  • Do I need a lawyer who has actually tried civil cases in court?

    For business tort litigation, yes. These cases involve contested facts, disputed intent, and opposing counsel who will challenge every element of your claim. A lawyer who has tried civil cases to verdict — and who opposing counsel knows will go to trial — is positioned to negotiate from strength and to protect your interests if the case cannot be resolved short of trial.

  • Does The Fields Group handle business tort cases on contingency?

    Our contingency fee structure applies to personal injury cases. Civil litigation matters, including business torts, are typically handled on an hourly or hybrid fee basis depending on the nature and complexity of the case. We discuss fee arrangements directly during the initial consultation so there are no surprises.