I am seeking guidance on whether I may be able to recover some of the money I paid to an event center where I held my daughter’s quinceañera. Approximately 30 minutes after the ballroom opened, a strong sewer odor developed and persisted throughout the entire celebration, including during dinner. Considering the venue cost $21,000, the conditions were completely unacceptable and significantly impacted the experience.

I'm sorry to hear your child's special day was marred in this way, especially given the expense to provide her, your family, and other guests with an enjoyable and memorable celebration. To answer your question, you may be able to recover a full or partial refund for the cost of the venue in several ways.

Under Colorado law, you may have a claim for breach of the implied warranty of habitability or a breach of contract. You may also be able to pursue legal remedies under the general contract principles if the event center failed to provide the agreed-upon services in a manner that was consistent with the terms of the contract you signed and the expectations of both you and the venue.

Let's start with the implied warranty of habitability claim. It is traditionally applied in residential lease agreements. However, Colorado courts have recognized it as a contractual obligation in other cases where the premises are rendered unfit for their intended use. Given the information you have provided, the persistent sewer odor could have rendered the event center unfit for its intended purpose of hosting a celebratory event, such as your daughter's quinceañera. Critical to establishing the venue's liability under this claim is proof of the defect (sewer odor) and of how it affected your use of the venue.

Now, let's consider a breach of contract claim. If the event center failed to substantially perform its obligations under the contract, it may have committed a "material breach." A material breach occurs when the breach "goes to the root of the matter or essence of the contract" and deprives you of the substantial benefit of the agreement. In your case, the sewer odor, which persisted throughout the event and significantly impacted the experience, could be considered a material breach, as it likely deprived you of the expected benefit of hosting a pleasant, celebratory event.

If you can establish that a breach occurred, you may be able to recover some or all of your money. The measure of the damages may include the difference between the value of the event center as promised (a functional, odor-free venue) and the value of the venue as provided (a venue with a persistent sewer odor).

Here's how the event center might respond to these claims: It may argue that the odor was caused by unforeseen circumstances beyond its control or that it took reasonable steps to address the issue. However, Colorado law, a party's failure to substantially perform its contractual obligations generally constitutes a breach, regardless of intent or fault.

The event center might also argue that you received substantial performance since the quinceañera proceeded as planned despite the odo. The court would assess whether you still received a substantial benefit of the contract in light of the circumstances.

Next Steps for You

Talk to a litigation attorney about what happened and get their opinion about your legal options. You're welcome to reach out to our team at 303-688-0944 or book a consultation with one of our litigation attorneys online.

While you wait to talk to an attorney, gather evidence to support your claim:

• the contract for the party

• picture of the space

• videos capturing guests' reactions to the odor

• statements from guests

• communication with the event center about the odor (emails, texts, call dates and times)