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Do you know how to ask for a cure of a breach of contract?

On Behalf of | Jan 7, 2022 | Contract Law

When someone doesn’t live up to their obligations under a contract, you might be able to sue them for breach of contract. But most contractual arrangements allow the parties to try to avoid litigation by containing a clause that gives the parties the opportunity to cure any breach of contract before litigation can be undertaken. But how does that work?

Providing notice

Many contracts contain a notice provision which requires you to inform the other party of the alleged breach in a written format. Make sure that you double-check this portion of your contract so that you understand the acceptable form of notice and the timeframe within which it must be given.

When you provide notice, you’ll want to make sure that you describe the alleged breach in detail so that there’s no question as to what action or inaction is being deemed inappropriate. After all, this is the only way that the other party will know what you expect to be cured. You should also make sure that the alleged breach is material in nature, meaning that the breach has affected the value of the contract.

Once you’ve done that in your written notice, then you’ll want to specify the cure available to the other party and specify a timeframe during which that cure needs to occur. Try your best to keep this notice as professional as possible and avoid coming across as emotional. After all, you want to try to resolve the issue without litigation, if possible.

Competently navigate your contract dispute

Contract disputes can be costly, time-consuming, and damaging to your business’s reputation. That’s why you need to know how to competently and confidently navigate any contract issues that you may be facing. For assistance in doing so, you can seek out a legal professional who is adept at addressing these matters.