CO · compiled 2026-07-17
Colorado late fee law
When a contract is silent, Colorado's legal interest rate is 8% per year (Colo. Rev. Stat. § 5-12-101). The details, including what you may agree to instead, are below with citations.
Default rate when the contract is silent
Colo. Rev. Stat. § 5-12-1018%per year
Attaches to the debt by operation of law when you agreed no rate, so it accrues before any lawsuit and can be stated on a demand letter.
"If there is no agreement or provision of law for a different rate, the interest on money shall be at the rate of eight percent per annum, compounded annually." Text verified via FindLaw's reproduction of C.R.S. § 5-12-101 (Colorado's official statutes are hosted on LexisNexis and were not directly fetchable). Related provisions in the same article (C.R.S. §§ 5-12-101 to 5-12-107, including § 5-12-102 on interest for money wrongfully withheld) govern prejudgment interest - verify § 5-12-102's terms with counsel.
Agreed (contract) rates and caps
Colo. Rev. Stat. §§ 5-12-103, 18-15-104Yes - under C.R.S. § 5-12-103 the parties to a bond, bill, promissory note, or other written instrument may stipulate any rate greater than 8% but not exceeding 45% per annum, aligned with the criminal-usury ceiling of C.R.S. § 18-15-104 (knowingly charging a loan finance charge above 45% APR is a class 6 felony; written-agreement-based affirmative defenses exist). There is no lower special cap for commercial/B2B contracts - the 45% ceiling leaves wide room for agreed default rates.
Prompt payment act
Colo. Rev. Stat. §§ 24-91-101 to 24-91-110 (esp. § 24-91-103)public
Public construction contracts with public entities (contract price ≥ $150,000) only: C.R.S. § 24-91-103 requires the contractor to pay subcontractors within 7 calendar days of receiving payment; late payments accrue interest at the contract rate or 15% per annum, whichever is higher, from the required payment date until paid. Secondary sources confirm Colorado's prompt-payment regime does not extend to private projects or general commercial invoices.
Late-fee notes
No Colorado statute specifically regulating flat late fees on B2B invoices was found; the default liquidated-damages/penalty analysis applies. Given the 45% usury ceiling, agreed interest-style late charges in commercial contracts are almost never usurious; absent agreement, the 8% (compounded annually) statutory rate applies to withheld money.
Compute a late fee on a real invoice under Colorado context, derivation shown, citation alongside.
Calculator, prefilled for COSources for this entry
- https://codes.findlaw.com/co/title-5-consumer-credit-code/co-rev-st-sect-5-12-101/
- https://law.justia.com/codes/colorado/title-5/interest-rates/article-12/section-5-12-103/
- https://law.justia.com/codes/colorado/title-18/article-15/section-18-15-104/
- https://law.justia.com/codes/colorado/title-24/construction/article-91/section-24-91-103/
- https://www.levelset.com/prompt-payment/colorado-prompt-payment-faqs/
Not legal advice
Informational summary of state and federal statutes as researched on the sources listed per entry; not legal advice - verify current law with licensed counsel before relying on any rate or citation.
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Chasing invoices in Colorado?
Duebay applies these rules automatically: fees computed from your agreed terms, the citation shown, and reminder sequences that escalate on schedule.