A Cure Notice is a critical document used in various business and legal contexts, most often in contracts, to formally inform a party that they are in default of their obligations. It provides them with a specific period of time (the “cure period”) to remedy the default. A well-drafted Cure Notice is essential for preserving your rights and ensuring compliance with contractual requirements. This article provides 17 sample cure notice letters covering a range of situations, along with tips for effective use.
The key components of a Cure Notice include a clear and concise statement of the default, a specific description of the actions required to cure the default, a clearly stated deadline for curing the default, and a mention of the consequences of failing to cure. Ambiguity can weaken your position, so it’s crucial to be precise. These samples are provided as starting points and should be adapted to your specific circumstances, always consulting with legal counsel for advice tailored to your situation. Failure to comply with the requirements of the contract regarding notice can invalidate your attempt to exercise your rights.
When sending a Cure Notice, proper documentation is paramount. Send the notice via certified mail with return receipt requested, or through a method that provides proof of delivery. Keep a copy of the Cure Notice and the delivery confirmation for your records. Following up to confirm receipt is also a good practice. Remember, the Cure Notice is a crucial step in enforcing your contractual rights, so take it seriously.
Beyond these legal and contract situations, a cure notice can also be useful in scenarios where one party has acted in a manner that needs correction. For instance, an employee who is violating company policy can be issued a cure notice that describes the violation and the required action to correct the violation.
Sample Cure Notice Letters
Contents
- 1 Sample Cure Notice Letters
- 1.1 Sample Letter 1: Breach of Contract (General)
- 1.2 Sample Letter 2: Non-Payment of Invoice
- 1.3 Sample Letter 3: Failure to Deliver Goods
- 1.4 Sample Letter 4: Defective Workmanship
- 1.5 Sample Letter 5: Lease Agreement Violation (Non-Payment of Rent)
- 1.6 Sample Letter 6: Lease Agreement Violation (Unauthorized Subletting)
- 1.7 Sample Letter 7: Violation of Non-Compete Agreement
- 1.8 Sample Letter 8: Service Agreement – Failure to Provide Adequate Service
- 1.9 Sample Letter 9: Intellectual Property Infringement
- 1.10 Sample Letter 10: Loan Agreement – Failure to Maintain Collateral
- 1.11 Sample Letter 11: Failure to Obtain Necessary Permits
- 1.12 Sample Letter 12: Violation of Confidentiality Agreement
- 1.13 Sample Letter 13: Breach of Warranty
- 1.14 Sample Letter 14: Violation of HOA Rules
- 1.15 Sample Letter 15: Breach of Sales Agreement
- 1.16 Sample Letter 16: Construction Delay
- 1.17 Sample Letter 17: Employee Performance
- 2 Conclusion
Sample Letter 1: Breach of Contract (General)
[Your Company Letterhead]
[Date]
[Recipient Name]
[Recipient Address]
RE: Notice of Breach of Contract and Opportunity to Cure
Dear [Recipient Name],
This letter serves as formal notification that [Recipient Company Name] is in breach of the contract dated [Date of Contract] (the “Contract”) due to [Specifically describe the breach – e.g., failure to deliver goods, non-payment, etc.].
Specifically, [Provide detailed explanation of the breach, referencing relevant sections of the contract.]
Pursuant to Section [Section Number] of the Contract, you are hereby notified that you have [Number] days from the date of this letter to cure the breach by [Clearly state the required action to cure – e.g., deliver the goods, make the payment, etc.].
Failure to cure the breach within the specified timeframe will result in [State the consequences – e.g., termination of the contract, legal action, etc.].
We urge you to take immediate action to rectify this situation. Please contact us at [Your Phone Number] or [Your Email Address] to discuss this matter further.
Sincerely,
[Your Name]
[Your Title]
Sample Letter 2: Non-Payment of Invoice
[Your Company Letterhead]
[Date]
[Recipient Name]
[Recipient Address]
RE: Notice of Default - Overdue Invoice [Invoice Number]
Dear [Recipient Name],
This letter concerns invoice number [Invoice Number], dated [Invoice Date], in the amount of [Invoice Amount], which remains unpaid. This constitutes a breach of our agreement [mention specific agreement if applicable].
As of today, the invoice is [Number] days past due.
You are hereby notified that you have [Number] days from the date of this letter to remit payment in full, including any late fees as outlined in our terms and conditions. Payment can be made by [List acceptable payment methods - e.g., check, wire transfer, credit card].
Failure to remit payment within the specified timeframe may result in further action, including but not limited to suspension of services and/or referral to a collection agency.
Please contact us immediately at [Your Phone Number] if you have already made payment or have any questions regarding this matter.
Sincerely,
[Your Name]
[Your Title]
Sample Letter 3: Failure to Deliver Goods
[Your Company Letterhead]
[Date]
[Recipient Name]
[Recipient Address]
RE: Notice of Default – Failure to Deliver Goods as per Purchase Order [Purchase Order Number]
Dear [Recipient Name],
This letter serves as a formal notification that you are in default of the agreement established by Purchase Order number [Purchase Order Number], dated [Purchase Order Date], for the supply of [Description of Goods]. The agreed-upon delivery date was [Delivery Date], and to date, the goods have not been delivered.
This constitutes a breach of our agreement.
You are hereby notified that you have [Number] days from the date of this letter to deliver the goods as specified in the Purchase Order.
Failure to deliver the goods within the specified timeframe will result in [State the consequences - e.g., cancellation of the order, seeking alternative suppliers, legal action for damages].
Please contact us immediately at [Your Phone Number] to confirm your plan for immediate delivery.
Sincerely,
[Your Name]
[Your Title]
Sample Letter 4: Defective Workmanship
[Your Company Letterhead]
[Date]
[Recipient Name]
[Recipient Address]
RE: Notice of Defective Workmanship and Opportunity to Cure
Dear [Recipient Name],
This letter concerns the workmanship performed at [Location of Work], pursuant to our contract dated [Date of Contract] for [Description of Work]. We have identified significant defects in the work, including [Specifically describe the defects], which do not conform to the standards outlined in the contract.
This constitutes a breach of our agreement.
You are hereby notified that you have [Number] days from the date of this letter to cure these defects by [Specify the required action to cure - e.g., re-performing the work to meet specified standards].
Failure to cure the defects within the specified timeframe will result in [State the consequences - e.g., hiring another contractor to complete the work at your expense, legal action for damages].
We expect to hear from you within [Number] days to discuss your plan to rectify these issues. Please contact us at [Your Phone Number].
Sincerely,
[Your Name]
[Your Title]
Sample Letter 5: Lease Agreement Violation (Non-Payment of Rent)
[Your Company Letterhead]
[Date]
[Recipient Name]
[Recipient Address]
RE: Notice of Default - Non-Payment of Rent for [Property Address]
Dear [Recipient Name],
This letter serves as notification that you are in default of your lease agreement dated [Date of Lease] for the property located at [Property Address] due to non-payment of rent for the month of [Month] in the amount of [Amount].
Your rent was due on [Due Date], and as of today, it remains unpaid.
You are hereby notified that you have [Number] days from the date of this letter to remit payment in full, including any late fees as outlined in the lease agreement.
Failure to remit payment within the specified timeframe may result in further action, including but not limited to eviction proceedings.
Please contact us immediately at [Your Phone Number] if you have already made payment or have any questions regarding this matter.
Sincerely,
[Your Name]
[Your Title]
[Your Company Letterhead]
[Date]
[Recipient Name]
[Recipient Address]
RE: Notice of Default - Unauthorized Subletting at [Property Address]
Dear [Recipient Name],
This letter serves as notification that you are in default of your lease agreement dated [Date of Lease] for the property located at [Property Address] due to unauthorized subletting of the premises, in violation of Section [Section Number] of the lease agreement.
Our investigation has revealed that [Describe evidence of subletting – e.g., presence of unauthorized occupants, online listings, etc.].
You are hereby notified that you have [Number] days from the date of this letter to cease the unauthorized subletting and remove all unauthorized occupants from the premises.
Failure to comply within the specified timeframe will result in further action, including but not limited to eviction proceedings.
Please contact us immediately at [Your Phone Number] to discuss this matter.
Sincerely,
[Your Name]
[Your Title]
Sample Letter 7: Violation of Non-Compete Agreement
[Your Company Letterhead]
[Date]
[Recipient Name]
[Recipient Address]
RE: Notice of Breach of Non-Compete Agreement
Dear [Recipient Name],
This letter concerns your violation of the Non-Compete Agreement signed on [Date of Agreement] as part of your employment with [Your Company Name].
Our investigation has revealed that you are currently employed by [New Employer Name], a direct competitor of [Your Company Name], and are engaged in activities that directly compete with our business, specifically [Describe the competitive activities]. This is in direct violation of Section [Section Number] of the Non-Compete Agreement, which prohibits you from engaging in such activities for a period of [Duration] following your termination of employment.
You are hereby notified that you have [Number] days from the date of this letter to cease all activities that violate the Non-Compete Agreement. This includes terminating your employment with [New Employer Name] or ceasing the specific activities that are in violation.
Failure to comply within the specified timeframe will result in immediate legal action to enforce the Non-Compete Agreement and seek damages for any losses incurred as a result of your breach.
Please contact us immediately at [Your Phone Number] to confirm your compliance.
Sincerely,
[Your Name]
[Your Title]
Sample Letter 8: Service Agreement – Failure to Provide Adequate Service
[Your Company Letterhead]
[Date]
[Recipient Name]
[Recipient Address]
RE: Notice of Deficient Service Under Service Agreement [Agreement Number]
Dear [Recipient Name],
This letter is to inform you that we have identified deficiencies in the services you are providing under the Service Agreement number [Agreement Number], dated [Date of Agreement]. Specifically, the following issues have been noted:
[Specifically describe the service deficiencies - e.g., Response times exceeding agreed-upon SLAs, Failure to meet performance metrics, Lack of qualified personnel assigned to the project].
These deficiencies constitute a breach of Section [Section Number] of the Service Agreement, which outlines the required performance standards.
You are hereby notified that you have [Number] days from the date of this letter to provide a detailed plan outlining the steps you will take to correct these deficiencies and ensure that services are delivered in accordance with the terms of the Service Agreement. Furthermore, you must demonstrate significant improvement in service delivery within [Number] days.
Failure to provide an acceptable plan or demonstrate significant improvement within the specified timeframes may result in termination of the Service Agreement.
Please contact us immediately at [Your Phone Number] to discuss this matter further.
Sincerely,
[Your Name]
[Your Title]
Sample Letter 9: Intellectual Property Infringement
[Your Company Letterhead]
[Date]
[Recipient Name]
[Recipient Address]
RE: Notice of Copyright Infringement
Dear [Recipient Name],
It has come to our attention that you are infringing on our copyrighted material, specifically [Describe the copyrighted material – e.g., software code, images, written content] which is protected under copyright registration number [Registration Number], owned by [Your Company Name].
Specifically, we have found evidence that you are [Describe the infringing activity – e.g., copying and distributing our software, using our images on your website without permission, publishing our copyrighted text]. This activity is occurring at [Location of infringement – e.g., your website URL, the name of the product you are selling].
You are hereby notified that you have [Number] days from the date of this letter to cease all infringing activities, including removing the copyrighted material from [Location of infringement] and destroying all copies of the infringing material in your possession.
Failure to comply within the specified timeframe will result in immediate legal action, including seeking an injunction to stop the infringement and demanding damages for the losses we have incurred as a result of your actions.
Please contact us immediately at [Your Phone Number] to confirm your compliance.
Sincerely,
[Your Name]
[Your Title]
Sample Letter 10: Loan Agreement – Failure to Maintain Collateral
[Your Company Letterhead]
[Date]
[Recipient Name]
[Recipient Address]
RE: Notice of Default - Failure to Maintain Collateral under Loan Agreement [Agreement Number]
Dear [Recipient Name],
This letter concerns Loan Agreement number [Agreement Number], dated [Date of Agreement], between [Your Company Name] (as Lender) and [Recipient Name] (as Borrower). As a condition of the Loan Agreement, you are required to maintain the collateral securing the loan, namely [Description of Collateral], in good working order and adequately insured.
We have received information indicating that you have failed to maintain the collateral as required. Specifically, [Describe the failure - e.g., Failure to maintain insurance coverage, Improper maintenance leading to damage, allowing the collateral to depreciate significantly]. This constitutes a breach of Section [Section Number] of the Loan Agreement.
You are hereby notified that you have [Number] days from the date of this letter to cure this default by [Specify the required action to cure – e.g., Obtain proper insurance coverage and provide proof of insurance, Conduct necessary repairs and provide evidence of the repairs, restore the value of the collateral].
Failure to cure the default within the specified timeframe will result in acceleration of the Loan Agreement, making the entire outstanding balance immediately due and payable. We may also take steps to repossess the collateral.
Please contact us immediately at [Your Phone Number] to discuss this matter further.
Sincerely,
[Your Name]
[Your Title]
Sample Letter 11: Failure to Obtain Necessary Permits
[Your Company Letterhead]
[Date]
[Recipient Name]
[Recipient Address]
RE: Notice of Default - Failure to Obtain Necessary Permits
Dear [Recipient Name],
This letter concerns our contract dated [Date of Contract] for [Description of Project or Service]. As part of our agreement, you were responsible for obtaining all necessary permits and licenses required for the completion of the project.
We have discovered that you have failed to obtain the necessary permit for [Specific Permit Name], which is required by [Governing Authority] and is essential for the project to proceed legally and safely. This failure constitutes a breach of our contract.
You are hereby notified that you have [Number] days from the date of this letter to obtain the required permit and provide us with a copy of the permit as proof of compliance.
Failure to obtain the permit within the specified timeframe will result in [State the consequences - e.g., suspension of payments, termination of the contract, legal action for damages].
Please contact us immediately at [Your Phone Number] to discuss your progress in obtaining the permit.
Sincerely,
[Your Name]
[Your Title]
Sample Letter 12: Violation of Confidentiality Agreement
[Your Company Letterhead]
[Date]
[Recipient Name]
[Recipient Address]
RE: Notice of Breach of Confidentiality Agreement
Dear [Recipient Name],
This letter concerns your violation of the Confidentiality Agreement signed on [Date of Agreement], pertaining to the confidential information of [Your Company Name].
We have evidence that you have disclosed confidential information, specifically [Describe the confidential information that was disclosed], to [Person or entity to whom the information was disclosed]. This disclosure occurred on or around [Date of Disclosure] and constitutes a direct violation of Section [Section Number] of the Confidentiality Agreement.
You are hereby notified that you have [Number] days from the date of this letter to:
1. Immediately cease all further disclosures of confidential information.
2. Take all necessary steps to retrieve any confidential information that has already been disclosed.
3. Provide us with a written statement confirming that you have complied with these requirements.
Failure to comply within the specified timeframe will result in immediate legal action, including seeking an injunction to prevent further disclosures and demanding damages for the losses we have incurred as a result of your breach.
Please contact us immediately at [Your Phone Number] to confirm your compliance.
Sincerely,
[Your Name]
[Your Title]
Sample Letter 13: Breach of Warranty
[Your Company Letterhead]
[Date]
[Recipient Name]
[Recipient Address]
RE: Notice of Breach of Warranty - [Product Name] - [Serial Number]
Dear [Recipient Name],
This letter concerns [Product Name], serial number [Serial Number], which we purchased from you on [Date of Purchase], under invoice number [Invoice Number]. This product was covered by a warranty, as outlined in [Warranty Document - e.g., Purchase Agreement, Warranty Certificate]
The product is experiencing [Describe the defect or malfunction] which is a breach of the express/implied warranty that the product would be free from defects in materials and workmanship.
You are hereby notified that you have [Number] days from the date of this letter to cure this breach of warranty by [Specify the required action to cure - e.g., Repairing the product, Replacing the product with a new one, Providing a full refund].
Failure to cure the breach of warranty within the specified timeframe will result in further action, including but not limited to pursuing all available legal remedies.
Please contact us immediately at [Your Phone Number] to discuss this matter further.
Sincerely,
[Your Name]
[Your Title]
Sample Letter 14: Violation of HOA Rules
[Your HOA Letterhead]
[Date]
[Recipient Name]
[Property Address]
RE: Notice of Violation of HOA Rules and Regulations - [Property Address]
Dear [Recipient Name],
This letter serves as notification that you are in violation of the [Name of HOA] Rules and Regulations, specifically Section [Section Number], regarding [Describe the Violation - e.g., Unauthorized construction, Excessive noise, Improper landscaping, Parking violation].
The violation consists of [Provide detailed description of the violation, including dates and times if applicable].
You are hereby notified that you have [Number] days from the date of this letter to cure this violation by [Specify the required action to cure - e.g., Remove the unauthorized construction, Cease the excessive noise, Correct the landscaping, Move the vehicle].
Failure to cure the violation within the specified timeframe may result in further action, including but not limited to fines, suspension of privileges, and/or legal action.
Please contact the HOA management at [Phone Number] or [Email Address] to discuss this matter further.
Sincerely,
The [Name of HOA] Board of Directors
Sample Letter 15: Breach of Sales Agreement
[Your Company Letterhead]
[Date]
[Recipient Name]
[Recipient Address]
RE: Notice of Breach of Sales Agreement – [Agreement Number]
Dear [Recipient Name],
This letter serves as formal notification that you are in breach of the Sales Agreement, agreement number [Agreement Number], dated [Date of Agreement].
This breach is due to [Specifically describe the breach - for example: failure to pay for goods received, failure to deliver goods, delivery of non-conforming goods].
Specifically, [Provide detailed explanation of the breach, referencing relevant sections of the Sales Agreement. Include specific details such as dates, amounts, or descriptions of non-conforming goods].
Pursuant to Section [Section Number] of the Sales Agreement, you are hereby notified that you have [Number] days from the date of this letter to cure the breach by [Clearly state the required action to cure – e.g., make payment in full, deliver the ordered goods, replace the non-conforming goods].
Failure to cure the breach within the specified timeframe will result in [State the consequences – e.g., termination of the agreement, initiation of legal action for damages, pursuing other available remedies].
We urge you to take immediate action to rectify this situation. Please contact us at [Your Phone Number] or [Your Email Address] to discuss this matter further.
Sincerely,
[Your Name]
[Your Title]
Sample Letter 16: Construction Delay
[Your Company Letterhead]
[Date]
[Recipient Name]
[Recipient Address]
RE: Notice of Construction Delay and Opportunity to Cure - Project [Project Name]
Dear [Recipient Name],
This letter concerns the construction project known as [Project Name], as outlined in our contract dated [Date of Contract]. We are writing to inform you that the project is experiencing significant delays that constitute a breach of our agreement.
The agreed-upon completion date was [Original Completion Date]. However, as of today, [Describe the current state of the project and the extent of the delay. Include specific examples of unfinished work and reasons for the delay if known]. This delay is preventing us from [Explain the impact of the delay on your business or operations].
According to Section [Section Number] of the contract, you are required to complete the project by [Revised Completion Date, if applicable].
You are hereby notified that you have [Number] days from the date of this letter to provide a detailed plan outlining the steps you will take to address the delays and ensure the project is completed in a timely manner. This plan must include a revised schedule, allocation of additional resources, and any other measures necessary to accelerate the construction process.
Failure to provide an acceptable plan or demonstrate significant progress towards completion within the specified timeframe may result in termination of the contract and the pursuit of all available legal remedies, including seeking damages for losses incurred as a result of the delay.
Please contact us immediately at [Your Phone Number] to schedule a meeting to discuss this matter further.
Sincerely,
[Your Name]
[Your Title]
Sample Letter 17: Employee Performance
[Your Company Letterhead]
[Date]
[Recipient Name]
[Recipient Address]
RE: Notice of Performance Improvement Required
Dear [Recipient Name],
This letter addresses concerns regarding your recent performance as a [Your Position] at [Your Company Name]. We value your contributions to the team, and we are committed to providing you with the support and resources necessary to improve your performance.
Over the past [Time Period], we have observed the following areas where your performance falls below expectations:
[Specifically list the performance deficiencies. Provide concrete examples and quantifiable metrics whenever possible. For example: Failure to meet sales targets, consistently late on project deadlines, negative feedback from clients, etc.]
These performance issues are in violation of the expectations outlined in your job description and the company's performance standards.
You are hereby notified that you have [Number] days from the date of this letter to demonstrate significant improvement in the areas outlined above. To support your improvement efforts, we will [Describe the support and resources that will be provided, such as additional training, mentorship, or revised goals].
We will schedule a follow-up meeting on [Date] to review your progress. Failure to demonstrate significant improvement within the specified timeframe may result in further disciplinary action, up to and including termination of employment.
We are confident that with focused effort and the support we are providing, you can improve your performance and meet the expectations of your role.
Please contact us immediately at [Your Phone Number] to discuss this matter further and clarify any questions you may have.
Sincerely,
[Your Name]
[Your Title]
Conclusion
Cure Notice letters are essential for protecting your rights and ensuring compliance in various situations. The 17 samples provided offer a starting point for drafting your own notices, but it is crucial to adapt them to your specific circumstances and consult with legal counsel. Remember to be clear, concise, and accurate in your language, and to document everything carefully. By following these guidelines, you can effectively use Cure Notices to resolve disputes and enforce your agreements.
