A breach of contract occurs when one party fails to fulfill their obligations as outlined in a legally binding agreement. When a breach occurs, it’s crucial to notify the breaching party promptly and formally. A well-crafted breach of contract notification letter can protect your interests, lay the groundwork for potential legal action, and encourage resolution.
This article provides 14 sample breach of contract notification letters covering various scenarios. These samples are designed to serve as templates and should be adapted to fit the specific details of your situation. Remember to consult with an attorney to ensure your letter is legally sound and protects your rights. Careful documentation and a clear understanding of the contract terms are essential.
Before sending any notification, thoroughly review the contract to understand the specific obligations that have been breached and the remedies available. Gather any evidence that supports your claim of breach, such as emails, invoices, or other relevant documents. A strong, factually supported letter will be more effective in achieving a positive outcome. Be sure to send the letter via certified mail with return receipt requested to ensure proof of delivery.
Remember that each contract and situation is unique. It is crucial to carefully adapt these templates to reflect the specific details of your agreement and the nature of the breach. Seeking legal counsel to review your letter before sending it is always recommended.
Sample Breach of Contract Notification Letters
Contents
- 1 Sample Breach of Contract Notification Letters
- 1.1 Sample Letter 1: General Breach of Contract
- 1.2 Sample Letter 2: Failure to Pay
- 1.3 Sample Letter 3: Failure to Deliver Goods/Services
- 1.4 Sample Letter 4: Breach of Confidentiality
- 1.5 Sample Letter 5: Unsatisfactory Performance
- 1.6 Sample Letter 6: Breach of Exclusivity Clause
- 1.7 Sample Letter 7: Breach of Warranty
- 1.8 Sample Letter 8: Early Termination of Contract (Breach by Other Party)
- 1.9 Sample Letter 9: Failure to Provide Access
- 1.10 Sample Letter 10: Breach of Non-Compete Agreement
- 1.11 Sample Letter 11: Improper Use of Intellectual Property
- 1.12 Sample Letter 12: Violation of Safety Regulations
- 1.13 Sample Letter 13: Delay in Project Completion
- 1.14 Sample Letter 14: Failure to Obtain Required Insurance
- 2 Conclusion
Sample Letter 1: General Breach of Contract
[Your Name/Company Name]
[Your Address]
[Your City, State, Zip Code]
[Your Email Address]
[Your Phone Number]
[Date]
[Breaching Party's Name/Company Name]
[Breaching Party's Address]
[Breaching Party's City, State, Zip Code]
RE: Notice of Breach of Contract – [Contract Name]
Dear [Breaching Party's Name],
This letter serves as formal notification that [Your Name/Company Name] believes [Breaching Party's Name/Company Name] is in breach of the contract entered into on [Date of Contract], entitled "[Contract Name]" (the "Contract").
Specifically, you have breached the Contract by [Clearly describe the specific breach of contract. Be specific and cite the relevant section(s) of the contract.]. This breach has resulted in [Explain the damages or harm you have suffered as a result of the breach.].
We demand that you cure this breach within [Number] days of the date of this letter. This includes [Specify what actions the breaching party needs to take to cure the breach.].
Please be advised that if you fail to cure this breach within the stipulated time, [Your Name/Company Name] reserves all rights and remedies available under the Contract and at law, including but not limited to seeking monetary damages, injunctive relief, and specific performance.
We hope to resolve this matter amicably. Please contact me at [Your Phone Number] or [Your Email Address] to discuss this matter further.
Sincerely,
[Your Name/Company Name]
Sample Letter 2: Failure to Pay
[Your Name/Company Name]
[Your Address]
[Your City, State, Zip Code]
[Your Email Address]
[Your Phone Number]
[Date]
[Breaching Party's Name/Company Name]
[Breaching Party's Address]
[Breaching Party's City, State, Zip Code]
RE: Notice of Breach of Contract – Failure to Pay
Dear [Breaching Party's Name],
This letter serves as a formal notification that [Your Name/Company Name] believes you are in breach of the contract entered into on [Date of Contract], entitled "[Contract Name]" (the "Contract") due to your failure to pay [Amount] as required under [Section of Contract specifying payment terms].
According to the Contract, payment was due on [Date Payment Was Due]. As of the date of this letter, payment remains outstanding.
We demand immediate payment of the outstanding balance of [Amount]. Please remit payment within [Number] days of the date of this letter to [Payment Instructions].
Failure to remit payment within the stipulated timeframe may result in [Your Name/Company Name] pursuing legal action to recover the debt, including but not limited to filing a lawsuit and seeking legal fees and costs.
We urge you to contact us immediately to discuss this matter and arrange for prompt payment.
Sincerely,
[Your Name/Company Name]
Sample Letter 3: Failure to Deliver Goods/Services
[Your Name/Company Name]
[Your Address]
[Your City, State, Zip Code]
[Your Email Address]
[Your Phone Number]
[Date]
[Breaching Party's Name/Company Name]
[Breaching Party's Address]
[Breaching Party's City, State, Zip Code]
RE: Notice of Breach of Contract – Failure to Deliver [Goods/Services]
Dear [Breaching Party's Name],
This letter serves as formal notification that [Your Name/Company Name] believes you are in breach of the contract entered into on [Date of Contract], entitled "[Contract Name]" (the "Contract") due to your failure to deliver [Specify goods or services] as required under [Section of Contract specifying delivery terms].
The contract stipulated that [Goods/Services] were to be delivered by [Date of Delivery]. As of the date of this letter, the [Goods/Services] have not been delivered.
We demand that you immediately deliver the [Goods/Services] as specified in the contract within [Number] days of the date of this letter. Alternatively, please provide us with a reasonable explanation for the delay and a firm date by which delivery will be completed.
Failure to deliver the [Goods/Services] within the stipulated timeframe or provide a satisfactory explanation may result in [Your Name/Company Name] pursuing legal action to recover damages, including but not limited to the cost of procuring alternative [Goods/Services] and any consequential damages resulting from the delay.
We urge you to contact us immediately to discuss this matter and arrange for prompt delivery.
Sincerely,
[Your Name/Company Name]
Sample Letter 4: Breach of Confidentiality
[Your Name/Company Name]
[Your Address]
[Your City, State, Zip Code]
[Your Email Address]
[Your Phone Number]
[Date]
[Breaching Party's Name/Company Name]
[Breaching Party's Address]
[Breaching Party's City, State, Zip Code]
RE: Notice of Breach of Contract – Breach of Confidentiality
Dear [Breaching Party's Name],
This letter serves as formal notification that [Your Name/Company Name] believes you are in breach of the contract entered into on [Date of Contract], entitled "[Contract Name]" (the "Contract"), specifically Section [Section number pertaining to confidentiality] which addresses confidentiality obligations.
It has come to our attention that you have disclosed confidential information, specifically [Describe the specific confidential information disclosed], to [Identify the party to whom the information was disclosed]. This disclosure is a direct violation of the confidentiality provisions outlined in the Contract.
We demand that you immediately cease any further disclosure of confidential information and take all necessary steps to mitigate the damage caused by the unauthorized disclosure, including but not limited to [Specify required actions, e.g., retrieving the information, notifying the recipient of its confidential nature].
Failure to comply with this demand may result in [Your Name/Company Name] pursuing immediate legal action, including seeking injunctive relief to prevent further disclosure and seeking damages for the harm caused by the breach of confidentiality.
We urge you to contact us immediately to discuss this matter and demonstrate your commitment to rectifying this breach.
Sincerely,
[Your Name/Company Name]
Sample Letter 5: Unsatisfactory Performance
[Your Name/Company Name]
[Your Address]
[Your City, State, Zip Code]
[Your Email Address]
[Your Phone Number]
[Date]
[Breaching Party's Name/Company Name]
[Breaching Party's Address]
[Breaching Party's City, State, Zip Code]
RE: Notice of Breach of Contract – Unsatisfactory Performance
Dear [Breaching Party's Name],
This letter serves as formal notification that [Your Name/Company Name] believes you are in breach of the contract entered into on [Date of Contract], entitled "[Contract Name]" (the "Contract"), due to unsatisfactory performance of your obligations under [Section of Contract specifying performance standards].
Specifically, your performance has been unsatisfactory because [Describe the specific deficiencies in performance. Provide concrete examples and, if possible, refer to specific clauses in the contract that outline the expected performance standards.]. This has resulted in [Explain the negative consequences of the unsatisfactory performance.].
We demand that you immediately improve your performance to meet the standards outlined in the Contract. This includes [Specify the steps the breaching party needs to take to improve performance. Be specific and measurable.]. We require evidence of improvement within [Number] days of the date of this letter.
Failure to improve your performance to a satisfactory level within the stipulated timeframe may result in [Your Name/Company Name] terminating the Contract and pursuing legal action to recover damages resulting from your breach.
We urge you to contact us immediately to discuss this matter and develop a plan for improving your performance.
Sincerely,
[Your Name/Company Name]
Sample Letter 6: Breach of Exclusivity Clause
[Your Name/Company Name]
[Your Address]
[Your City, State, Zip Code]
[Your Email Address]
[Your Phone Number]
[Date]
[Breaching Party's Name/Company Name]
[Breaching Party's Address]
[Breaching Party's City, State, Zip Code]
RE: Notice of Breach of Contract – Breach of Exclusivity Clause
Dear [Breaching Party's Name],
This letter serves as formal notification that [Your Name/Company Name] believes you are in breach of the contract entered into on [Date of Contract], entitled "[Contract Name]" (the "Contract"), specifically Section [Section number pertaining to the exclusivity clause], which grants [Your Name/Company Name] exclusive rights to [Specify the exclusive right granted].
It has come to our attention that you have [Describe the specific action that violates the exclusivity clause, e.g., engaged in a competing business, sold similar products to a competitor]. This action directly violates the exclusivity clause of the Contract and infringes upon our exclusive rights.
We demand that you immediately cease all activities that violate the exclusivity clause and take steps to rectify the situation, including but not limited to [Specify required actions, e.g., ceasing sales to competitors, terminating a competing agreement].
Failure to comply with this demand may result in [Your Name/Company Name] pursuing immediate legal action, including seeking injunctive relief to prevent further violations of the exclusivity clause and seeking damages for the harm caused by the breach.
We urge you to contact us immediately to discuss this matter and demonstrate your commitment to rectifying this breach.
Sincerely,
[Your Name/Company Name]
Sample Letter 7: Breach of Warranty
[Your Name/Company Name]
[Your Address]
[Your City, State, Zip Code]
[Your Email Address]
[Your Phone Number]
[Date]
[Breaching Party's Name/Company Name]
[Breaching Party's Address]
[Breaching Party's City, State, Zip Code]
RE: Notice of Breach of Contract – Breach of Warranty
Dear [Breaching Party's Name],
This letter serves as formal notification that [Your Name/Company Name] believes you are in breach of the contract entered into on [Date of Contract], entitled "[Contract Name]" (the "Contract"), specifically the warranty provisions outlined in Section [Section number pertaining to warranties].
The Contract warranted that [Describe the specific warranty that was provided, e.g., that the goods would be free from defects, that the services would be performed in a workmanlike manner]. However, [Describe how the warranty has been breached. Provide specific details and evidence of the breach.].
We demand that you remedy this breach of warranty by [Specify the desired remedy, e.g., repairing the defective goods, re-performing the services, providing a refund] within [Number] days of the date of this letter.
Failure to remedy this breach within the stipulated timeframe may result in [Your Name/Company Name] pursuing legal action to recover damages resulting from the breach of warranty, including but not limited to the cost of repairing or replacing the defective [Goods/Services] and any consequential damages.
We urge you to contact us immediately to discuss this matter and arrange for a resolution.
Sincerely,
[Your Name/Company Name]
Sample Letter 8: Early Termination of Contract (Breach by Other Party)
[Your Name/Company Name]
[Your Address]
[Your City, State, Zip Code]
[Your Email Address]
[Your Phone Number]
[Date]
[Breaching Party's Name/Company Name]
[Breaching Party's Address]
[Breaching Party's City, State, Zip Code]
RE: Notice of Breach of Contract and Termination – [Contract Name]
Dear [Breaching Party's Name],
This letter serves as formal notification that [Your Name/Company Name] believes you are in breach of the contract entered into on [Date of Contract], entitled "[Contract Name]" (the "Contract"). Due to your material breach of the Contract, as detailed below, [Your Name/Company Name] is hereby terminating the Contract effective immediately.
You have breached the Contract by [Clearly and concisely describe the material breach or breaches that justify termination. Cite specific sections of the contract. Explain why the breach is considered "material," meaning it substantially defeats the purpose of the contract.].
As a result of your breach, [Your Name/Company Name] has suffered damages including [List the damages suffered, e.g., financial losses, lost profits, reputational damage]. We reserve all rights and remedies available under the Contract and at law to recover these damages.
We demand that you [Specify any actions you require the breaching party to take upon termination, e.g., return property, cease using confidential information, pay outstanding invoices] within [Number] days of the date of this letter.
Please be advised that [Your Name/Company Name] will pursue all available legal remedies to protect its interests.
Sincerely,
[Your Name/Company Name]
Sample Letter 9: Failure to Provide Access
[Your Name/Company Name]
[Your Address]
[Your City, State, Zip Code]
[Your Email Address]
[Your Phone Number]
[Date]
[Breaching Party's Name/Company Name]
[Breaching Party's Address]
[Breaching Party's City, State, Zip Code]
RE: Notice of Breach of Contract – Failure to Provide Access
Dear [Breaching Party's Name],
This letter serves as formal notification that [Your Name/Company Name] believes you are in breach of the contract entered into on [Date of Contract], entitled "[Contract Name]" (the "Contract"). This breach pertains to your failure to provide access to [Specify what access was denied, e.g., property, information, systems] as required under Section [Section Number].
The contract clearly states that [Your Name/Company Name] is entitled to access [Specify what access was agreed upon and the terms of that access]. Despite repeated requests, you have failed to provide the required access, thereby hindering our ability to [Explain the consequences of the denied access and how it impacts your ability to fulfill your obligations or exercise your rights under the contract.].
We demand that you immediately provide the required access to [Specify what access is required] within [Number] days of the date of this letter. Failure to do so will be considered a material breach of the contract.
We reserve all rights and remedies available under the contract and at law, including but not limited to seeking injunctive relief to compel you to provide access and seeking damages for any losses incurred as a result of your breach.
Please contact us immediately to confirm that you will comply with this demand.
Sincerely,
[Your Name/Company Name]
Sample Letter 10: Breach of Non-Compete Agreement
[Your Name/Company Name]
[Your Address]
[Your City, State, Zip Code]
[Your Email Address]
[Your Phone Number]
[Date]
[Breaching Party's Name/Company Name]
[Breaching Party's Address]
[Breaching Party's City, State, Zip Code]
RE: Notice of Breach of Contract – Non-Compete Agreement
Dear [Breaching Party's Name],
This letter serves as formal notification that [Your Name/Company Name] believes you are in breach of the Non-Compete Agreement entered into on [Date of Contract], which is an integral part of the [Employment Agreement / Contract for Services] entitled "[Contract Name]" (the "Contract").
Section [Section Number of the Non-Compete Agreement] of the Contract specifically prohibits you from [Clearly and concisely describe the prohibited activity, e.g., engaging in a competing business, soliciting our clients, hiring our employees] within [Specify the geographical area and time period of the non-compete restriction].
We have received credible information indicating that you are currently [Describe the specific activities that violate the non-compete agreement. Provide specific examples and supporting evidence if possible.]. This constitutes a direct violation of the Non-Compete Agreement and is causing irreparable harm to [Your Name/Company Name].
We demand that you immediately cease all activities that violate the Non-Compete Agreement and confirm in writing within [Number] days of the date of this letter that you have done so.
Be advised that [Your Name/Company Name] will vigorously pursue all available legal remedies to enforce the Non-Compete Agreement, including seeking injunctive relief to prevent further violations and seeking damages for all losses incurred as a result of your breach.
We urge you to contact us immediately to discuss this matter and confirm your compliance.
Sincerely,
[Your Name/Company Name]
Sample Letter 11: Improper Use of Intellectual Property
[Your Name/Company Name]
[Your Address]
[Your City, State, Zip Code]
[Your Email Address]
[Your Phone Number]
[Date]
[Breaching Party's Name/Company Name]
[Breaching Party's Address]
[Breaching Party's City, State, Zip Code]
RE: Notice of Breach of Contract – Improper Use of Intellectual Property
Dear [Breaching Party's Name],
This letter serves as formal notification that [Your Name/Company Name] believes you are in breach of the contract entered into on [Date of Contract], entitled "[Contract Name]" (the "Contract"), particularly the sections pertaining to intellectual property rights and usage restrictions.
Specifically, the Contract grants [Your Name/Company Name] exclusive rights to [Identify the specific intellectual property at issue, e.g., trademarks, copyrights, patents, trade secrets]. The contract explicitly prohibits you from [Describe the prohibited use of the intellectual property, e.g., unauthorized reproduction, distribution, modification, creation of derivative works].
We have evidence that you are currently [Describe the specific actions that constitute improper use of the intellectual property. Provide specific examples and supporting evidence, such as website screenshots, product samples, or other relevant documentation.]. This is a direct violation of the Contract and infringes upon our intellectual property rights.
We demand that you immediately cease all improper use of our intellectual property and take the following actions to rectify the situation: [Specify the required actions, e.g., remove infringing materials, destroy unauthorized copies, cease distribution of infringing products]. We require written confirmation that you have complied with these demands within [Number] days of the date of this letter.
Please be aware that [Your Name/Company Name] will aggressively pursue all available legal remedies to protect its intellectual property rights, including seeking injunctive relief to prevent further infringement and seeking damages for all losses incurred as a result of your breach.
We urge you to contact us immediately to discuss this matter and demonstrate your commitment to resolving this issue.
Sincerely,
[Your Name/Company Name]
Sample Letter 12: Violation of Safety Regulations
[Your Name/Company Name]
[Your Address]
[Your City, State, Zip Code]
[Your Email Address]
[Your Phone Number]
[Date]
[Breaching Party's Name/Company Name]
[Breaching Party's Address]
[Breaching Party's City, State, Zip Code]
RE: Notice of Breach of Contract – Violation of Safety Regulations
Dear [Breaching Party's Name],
This letter serves as formal notification that [Your Name/Company Name] believes you are in breach of the contract entered into on [Date of Contract], entitled "[Contract Name]" (the "Contract"), specifically the sections pertaining to safety regulations and compliance.
The Contract explicitly requires you to adhere to all applicable safety regulations, including [Specify the relevant safety regulations or standards]. Failure to comply with these regulations poses a significant risk to [Identify who or what is at risk, e.g., employees, the public, property].
We have received reports and evidence indicating that you have violated these safety regulations by [Describe the specific violations of safety regulations. Provide specific details and supporting evidence, such as photographs, incident reports, or witness statements.]. This constitutes a serious breach of the Contract.
We demand that you immediately cease all activities that violate safety regulations and take the following corrective actions: [Specify the required corrective actions, e.g., implement safety training programs, repair or replace faulty equipment, revise safety protocols]. We require written confirmation that you have complied with these demands within [Number] days of the date of this letter, along with evidence of the corrective actions taken.
Please be aware that [Your Name/Company Name] takes safety violations very seriously and will pursue all available legal remedies to ensure compliance and protect the safety of all parties involved, including potentially terminating the contract.
We urge you to contact us immediately to discuss this matter and demonstrate your commitment to ensuring a safe working environment.
Sincerely,
[Your Name/Company Name]
Sample Letter 13: Delay in Project Completion
[Your Name/Company Name]
[Your Address]
[Your City, State, Zip Code]
[Your Email Address]
[Your Phone Number]
[Date]
[Breaching Party's Name/Company Name]
[Breaching Party's Address]
[Breaching Party's City, State, Zip Code]
RE: Notice of Breach of Contract – Delay in Project Completion
Dear [Breaching Party's Name],
This letter serves as formal notification that [Your Name/Company Name] believes you are in breach of the contract entered into on [Date of Contract], entitled "[Contract Name]" (the "Contract"). This breach pertains to the significant delay in completing the project as stipulated in the contract's timeline.
The contract clearly outlines a project completion date of [Insert original completion date]. As of today, [Insert current date], the project is significantly behind schedule, specifically [Describe the areas of the project that are delayed and the extent of the delay. Quantify the delay whenever possible.].
This delay is causing [Your Name/Company Name] significant harm, including [Explain the damages resulting from the delay, e.g., financial losses, missed deadlines, damage to reputation].
We demand that you provide a detailed plan within [Number] days of this letter outlining the steps you will take to accelerate the project and mitigate further delays. This plan must include a revised completion date that is acceptable to [Your Name/Company Name].
If we do not receive a satisfactory plan within the specified timeframe, or if the revised completion date is unacceptable, [Your Name/Company Name] reserves the right to pursue all available legal remedies, including but not limited to seeking damages for the losses incurred due to the delay, and potentially terminating the contract.
We urge you to contact us immediately to discuss this matter and develop a mutually acceptable plan to complete the project as quickly as possible.
Sincerely,
[Your Name/Company Name]
Sample Letter 14: Failure to Obtain Required Insurance
[Your Name/Company Name]
[Your Address]
[Your City, State, Zip Code]
[Your Email Address]
[Your Phone Number]
[Date]
[Breaching Party's Name/Company Name]
[Breaching Party's Address]
[Breaching Party's City, State, Zip Code]
RE: Notice of Breach of Contract – Failure to Obtain Required Insurance
Dear [Breaching Party's Name],
This letter serves as formal notification that [Your Name/Company Name] believes you are in breach of the contract entered into on [Date of Contract], entitled "[Contract Name]" (the "Contract"). This breach concerns your failure to obtain and maintain the required insurance coverage as stipulated in Section [Section Number] of the Contract.
The Contract specifically requires you to maintain [Specify the type and amount of insurance coverage required, e.g., general liability insurance, workers' compensation insurance, professional liability insurance]. You were required to provide proof of insurance coverage by [Insert original date for providing proof of insurance].
We have not received proof of insurance coverage, and we have reason to believe that you are not currently in compliance with the insurance requirements outlined in the Contract. This failure to maintain adequate insurance coverage exposes [Your Name/Company Name] to unacceptable levels of risk.
We demand that you immediately obtain the required insurance coverage and provide us with proof of insurance within [Number] days of the date of this letter. Failure to provide proof of insurance within the specified timeframe will be considered a material breach of the contract.
We reserve all rights and remedies available under the contract and at law, including but not limited to suspending our obligations under the contract until you provide proof of insurance, and potentially terminating the contract.
We urge you to contact us immediately to discuss this matter and provide the necessary documentation to demonstrate your compliance.
Sincerely,
[Your Name/Company Name]
Conclusion
These sample breach of contract notification letters offer a starting point for addressing various breach scenarios. However, they are not a substitute for legal advice. It’s crucial to tailor each letter to the specific details of your contract and the nature of the breach. Consulting with an attorney is strongly recommended to ensure your rights are protected and your letter is legally sound. Remember to keep meticulous records of all communications and actions taken in response to the breach.