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A July 23, 2008 article in the Wall Street Journal, various cases involving breached promises by banks to fund construction projects were discussed. As banks have been required to focus on protecting their capital, they have in turn been forced to look at various loans they have made. In recent times, many situations of banks reneging on a promise to fund a project, based on dubious concerns, have been reported. In Colorado, many times banks have agreements which allow them to terminate financing for the slightest doubt or provocation. If a bank does not use good faith in refusing to continue a loan or line of credit, it is often difficult to determine underlying reasons for the bank's action. However, many of the evidentiary issues can be overcome by effective use of discovery, including electronically stored information, since often emails and other interoffice communications at a bank reveal the true reason for a bank's refusal to lend. One other obstacle often encountered is Colorado's credit statute of frauds, a unique protection obtained by banks from the Colorado legislature several years ago, protects banks from liability for representations made by officers relating to loans exceeding $25,000. More lender liability suits will arise out of the current economic situation, including here in Colorado.