Notice Breach of Contract

What is a notice of breach of contract?

A notice of breach of contract is an official communication sent by one party to the contract to inform another about the breach of contractual provisions. This letter helps to inform about the contract breach in a compliant and professional manner, without termination of the contract.

A standard sample notice of breach of contract includes details of the parties to the contract, reference to the original contract, description of the breach, suggested rectification methods, and penalties.

When should you use this template?

This notice of breach of contract sample can be suitable in various life situations, including:

• when a supplier fails to deliver specified goods on time;
• when a purchaser fails to transfer the title over purchased goods;
• when the service provider does not provide the agreed scope of services or services are not provided according to the agreed schedule;
• when the client fails to pay for the purchased goods or services;
• when the tenant does not use the rental property according to the agreed purpose;
• when the tenant fails to pay the security bond or rental payments under an ongoing residential tenancy or commercial lease;
• when either spouse fails to pay child support payments on time;
• when either spouse fails to make alimony payments as agreed in the financial agreement, etc.

Please note that this letter template cannot be used to inform the contractor about the termination of the ongoing contract. In that case, a contract termination letter should be used instead.

To request the payment of unpaid invoices or other payments outside of contractual relations, the letter of demand should be used.

What does this breach of contract demand letter sample include?

The simple notice of breach of contract template must include several key elements:

Details of the Parties

The letter shall clearly outline full identification details of both the sender and the recipient of the letter, such as:

• full legal name;
• contact mail or registered business address;
• ACN or ABN number for businesses and companies registered in Australia;
• contact email and phone number.

Contract Details

The letter shall specify to which contract it refers, including the contract’s full name, date of signing and brief description. The same information should be stated in the topic of the letter for more convenience.

Breach Details

In this section the sender must describe the breach itself, as well as include the number of the exact section or clause of the online contract that is being violated.

Additionally, the sender shall specify if the breach could be rectified. The rectification period is an additional period of time within which the default party must perform certain actions to remedy the breach. In Australian contract law, the remedies may have various forms, including paying late fees, withholding the bond or security, early termination, performance of contractual obligation, etc. If rectification is possible, the sender shall outline the period of time and exact measures that should be taken to rectify the breach.

Penalties

If the provisions of the original agreement between the parties provide application of certain contractual penalties, this notice breach of contract must define their type, amount and conditions of application.

Date & Signature

Any breach of contract letter to contractor should be dated and signed. Once this is done, the letter should be sent to the recipient’s last known mail address. If the original contract between the parties allows sending notice via email, in that case the sender can additionally send such a notice via email.

What are the key benefits of this notice breach of contract?

By customising this notice of breach of contract template with FasterDraft, this letter offers the following benefits:

• a document created by real legal professionals;
• a document that is compliant with Australian contract laws;
• a letter customisable to inform about the breach of various types of contract in a professional manner;
• a letter with a clear structure and written in plain English;
• a letter that can be used in all Australian states and territories;

How to customise a notice breach of contract with FasterDraft?

To get a fully customisable letter template, follow a few easy steps below:

1. Click the “Create Document” button.
2. Answer simple questions in the form.
3. Select a template’s format – legal notice for breach of contract PDF or Word.
4. E-sign the letter online.
5. Make a payment.

The letter is available for immediate download immediately after the purchase.