Breach of Contract Demand Letter

What is a breach of contract demand letter?

A notice of breach of contract is an official communication that one party to an existing contract sends to another party to inform them regarding the breach of contractual provisions. This template outlines the key elements, including

• identification details of the parties involved;
• description of the contractual breach;
• details of the original contract; and
• official request to cure the breach.

This breach of contract demand letter sample is ideal to notify regarding violations under various types of agreements, including services agreements, work performance contracts, etc. Please note, that this document cannot be used by an employer to inform about the violation of employment contract.

This breach of contract notice serves as a formal legal step before pursuing any further legal action. A breach of contract notice is suitable for contractors, individuals, and businesses that operate across the U.S. and wish to resolve the dispute out of court.

What does a breach of contract form letter include?

Even though a breach of contract demand letter appears to be a simple document, its drafting requires careful attention to details. Inclusion of certain key elements is essential to make sure the final document is complete and legally binding. Below we have a short list of all important elements you have to include.

Sender’s Details

Since a notice for breach of contract is an official document, it must reflect full details of the parties involved. Thus, the text of a letter includes:

• full name of a recipient and a sender;
• contact mail address;
• contact email or phone numbers;
• full name of a person who signs the document (only when a sender is a business or organization).

Once the letter is ready, a sender must sign it. Without a signature a document cannot become a legally binding notification.

Reference to the Original Contract

Imagine there are several ongoing contracts between a sender and a recipient, and under one of them a breach has occurred. Thus, to help a recipient to understand the details of a particular contract, a demand letter for breach of contract shall outline:

• original contract’s title;
• brief description of a contract’s purpose; and
• date of a contract’s signing.

All the requested information you can take from the contract itself.

Explain the Breach

The most essential part of a letter regarding breach of contract is a detailed description of a breach itself. Depending on the type of contract, it could have various forms, including:

• non-performance of contractual obligations (e.g., failure to deliver requested goods);
• non-payment (e.g., failure to pay for provided services);
• breach of warranties and representations (e.g., a contractor does not have an effective license), etc.

In simple words the breach is a direct violation of certain provisions of the original contract. Therefore, a well-drafted breach of contract letter template must specify (1) the nature of the breach and (2) the exact clause or provision of the original contract that has been violated.

Request

Another important element for a notice for breach of contract is to clarify the sender’s demand. Thus, the text of a letter should clearly state to cure the breach as soon as possible. You can even include the limited period of time during which such a breach should be cured. If the original contract provides a specific cure period, use it in the text of a letter. If not, you can establish your own cure period.

Apart from that, it is vital to state that you, as a sender, are awaiting a peaceful resolution of the breach. If this is not the case, a breach of contract letter shall include a statement about a potential lawsuit.

Sending Instructions

Last but not least, once your breach of contract demand letter template is ready, you must send it. Use the contact mail or email address of the recipient provided in the original contract. Also, do not forget to check if the original contract establishes the preferred method of communication. If this is so, use the one stated in the contract.

How to customize a breach of contract demand letter at FasterDraft?

To get a fully customized legal document, follow the instructions given below:

1. Click the “Create Document” button.
2. Answer simple questions in the form.
3. Select a template’s format—breach of contract letter PDF or Word.
4. Make a payment.
5. E-sign, download, print, and send this letter.