Breach of Contract Notice Template
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What Is a Notice of Breach of Contract?
A Notice of Breach of Contract is a legal document in which a party to a contract informs the other party they breached the agreement by not fully performing the obligations they were supposed to do. Unfortunately, parties to a contract do not always fulfill their obligations in a professional, timely, and complete manner.
- Breach of Contract Letter;
- Breach of Contract Notice;
- Breach of Contract Cease and Desist Letter.
Since not every breach must be answered with a lawsuit, it is recommended to complete and send this notice first - sometimes, a simple reminder is enough to rectify the situation. Let the other party know about the issue and wait for a response before you start legal proceedings.
If you need a ready-to-use template, download a Breach of Contract Letter through the link below.
How to Write a Breach of Contract Letter?
This document may be used for any party in any contract - your agreement can be as complex as a Settlement Agreement or a simple one - for instance, a Dog Walking Contract. Once you have read through the original contract and examined the other party's responsibilities to understand the nature of the breach, you may begin composing a notice. It must include everything the breaching party needs to know:
- The legal name and address of the person sending the notice and the breaching party.
- The main details about the original contract. Refer to the name of your agreement (or its title, like "Marketing Agreement"), the date you signed the papers, and explain shortly the general subject matter of the contract.
- A detailed description of the breach. Do not forget to cite the particular section of the contract that was breached. Explain how and when it was breached.
- In certain cases, it is possible for the breaching party to cure the breach - by performing services or paying for the received products. If you wish, you may give the recipient the option to fix the breach. Determine the time period you are willing to wait until the problem is resolved and enter details about how the breaching party must remedy the issue.
- Sign the document. One of the copies goes to the recipient and the sender keeps the other.
Be concise and professional - do not use a Notice of Breach of Contract to chastise or threaten the breaching party. This can be counterproductive and might prevent the other party from working with you towards finding a solution.
How to Write a Response to a Breach of Contract Letter?
There are three main ways to respond to a Breach of Contract Notice:
- Deny breaching the contract if you believe the breach did not happen. Attach documentary proof that shows how you upheld your duties;
- Indicate the circumstances beyond your control that prevented you from performing your obligations. You must have proof of these circumstances - send any evidence you have to the other party;
- Apologize for your error and promise to fix the breach. You may suggest an alternative way to cure any contract breach. Do not forget to keep in touch with a non-breaching party to discuss your future collaboration.
Respond with accurate and calm language, politely and promptly. Your letter may become part of future legal disputes, so make sure you provide an acceptable defense and have enough evidence at the stage of exchanging letters with the other party to a contract.
Related Forms and Templates:
Download Breach of Contract Notice Template