Colo. Rev. Stat. » Title 4
Colorado Revised Statutes

Colo. Rev. Stat. § 4-2-206 (2026)

Offer and acceptance in formation of contract

✓ current as of July 2026
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(1) Unless otherwise unambiguously indicated by the language or circumstances:

(a) An offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances;

(b) An order or other offer to buy goods for prompt or current shipment shall be construed as inviting acceptance either by a prompt promise to ship or by the prompt or current shipment of conforming or nonconforming goods, but such a shipment of nonconforming goods does not constitute an acceptance if the seller seasonably notifies the buyer that the shipment is offered only as an accommodation to the buyer.

(2) Where the beginning of a requested performance is a reasonable mode of acceptance, an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.

Source: L. 65: p. 1304, § 1. C.R.S. 1963: § 155-2-206.

Notes of Decisions
Cited in 3 cases, 1978–2006 · leading case: Scoular Co. v. Denney, 151 P.3d 615 (Colo. Ct. App. 2006).
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Scoular Co. v. Denney, 151 P.3d 615 (Colo. Ct. App. 2006). · cites it 16× “Section 4-2-206, C.R.S.2006, provides: (1) Unless otherwise unambiguously indicated by the language or circumstances: (a) An offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances.”
Nations Enter., Inc. v. PROCESS EQMT., 579 P.2d 655 (Colo. Ct. App. 1978). · cites it 6× “The remaining pumps described in the purchase order were not certified to meet the shock requirement and were not supplied by Process.”
Surplus Elec. Corp. v. Gallin, 653 P.2d 752 (Colo. Ct. App. 1982). “” The trial court, apparently relying on §§ 4-2-206 and 4-2-207, C.R.S.1973, and in particular on official comment 5 to § 4-2-207, found that, under the evidence in this case, the invoice language did not establish an agreement for attorney’s fees “but may establish invoice…”
Colo. Rev. Stat. § 4-2-206(2): 1 case
Scoular Co. v. Denney, 151 P.3d 615 (Colo. Ct. App. 2006). “Section 4-2-206, C.R.S.2006, provides: (1) Unless otherwise unambiguously indicated by the language or circumstances: (a) An offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances.”
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