Writing a Contract Violation Letter (with Sample)
Use this sample contract violation letter as a template for your formal notification.
Last updated on November 27, 2023
When a contract between two or more parties is signed, it means the signatories are legally bound to fulfill the terms of the contract. If one of the parties does not fulfill the terms, that party is in violation of the contract.
Violation of a Contract is Illegal
Being in violation of a contract is illegal as well as unprofessional, and the injured party can take legal action against the party in violation to enforce the terms of the contract or for other forms of compensation.
The first step is for the injured party to send a violation of contract letter to the other party that clearly states in detail how they are not fulfilling the terms of the contract.
It is considered wise to try to work out the violation of contract in person before sending a formal notice letter. If an informal discussion can solve the problem, it will save both parties time and money.
Violation of a Contract is Illegal
Being in violation of a contract is illegal as well as unprofessional, and the injured party can take legal action against the party in violation to enforce the terms of the contract or for other forms of compensation.
The first step is for the injured party to send a violation of contract letter to the other party that clearly states in detail how they are not fulfilling the terms of the contract.
It is considered wise to try to work out the violation of contract in person before sending a formal notice letter. If an informal discussion can solve the problem, it will save both parties time and money.
• The letter must be sent to the correct person who signed the contract, and it should be sent through the proper method.
• The date is very important because it is the official record of when the violating party was officially told of the violation. The date could be important if the dispute goes to court.
• The violation should be described. This usually means clearly stating exactly what section of the contract was violated. There are usually three types of violations:
o One party does not pay or perform duties promised in the contract
o One party says it will not perform its obligations in the future
o One party makes it impossible for the other party to perform its obligations
• Either party may notify the other party of any type of violation, but courts pay the most attention to material violations. This means that the value of the contract has been destroyed by the violation. A non-material violation will not usually end the agreement.
• The date is very important because it is the official record of when the violating party was officially told of the violation. The date could be important if the dispute goes to court.
• The violation should be described. This usually means clearly stating exactly what section of the contract was violated. There are usually three types of violations:
o One party does not pay or perform duties promised in the contract
o One party says it will not perform its obligations in the future
o One party makes it impossible for the other party to perform its obligations
• Either party may notify the other party of any type of violation, but courts pay the most attention to material violations. This means that the value of the contract has been destroyed by the violation. A non-material violation will not usually end the agreement.
• The letter should offer a solution to the violation. If it is too late to fix the problem, the violation notification letter will serve to cancel the agreement and seek damages. If applicable, the injured party can offer a period of time that the violating party can fix the violation.
For example, if the contract was for cleaning the winter debris in a large yard, and the contracted person did not do the job at the agreed-upon time, the injured party may offer an extended period of 30 days during which the violating party can clean the yard.
• The letter should have a professional tone and not contain angry of insulting language, even if the injured party is very upset that the contract was not honored. This letter may be the basis of court action, so it should be very business-like. The letter should stick to the facts and avoid expressing emotional injury.
• The letter should not threaten the violating party with a lawsuit. Intimidation is not a good business strategy and can backfire, resulting in an expensive lawsuit that the injured party did not want.
4 Basic Responses
There are four basic responses an injured party may receive after sending a violation notice letter:
• There may be no response to the letter. After waiting two weeks, it is recommended for the injured party to send a second letter that refers to the earlier letter with applicable dates. If there is no response to the second letter, the injured party may want to consult a lawyer and send a third letter on the lawyer’s letterhead.
• The violating party may respond that they are not in violation of the contract. The injured party should be careful how he or she responds in case the other party is correct.
• The violating party may request a meeting to discuss the situation. This may be a good way to resolve the issue, but it is recommended to have the help of a lawyer in arranging a solution.
• The violating party may agree that they are at fault. If this happens, the injured party needs to decide how to resolve the issue. Usually, a formal settlement agreement is signed. An attorney will be able to help with this.
Below is a sample violation of contract letter. It should be addressed to the person or company with whom the injured party holds the contract and sent according to the instructions specified in the contract for such letters.
For example, if the contract was for cleaning the winter debris in a large yard, and the contracted person did not do the job at the agreed-upon time, the injured party may offer an extended period of 30 days during which the violating party can clean the yard.
• The letter should have a professional tone and not contain angry of insulting language, even if the injured party is very upset that the contract was not honored. This letter may be the basis of court action, so it should be very business-like. The letter should stick to the facts and avoid expressing emotional injury.
• The letter should not threaten the violating party with a lawsuit. Intimidation is not a good business strategy and can backfire, resulting in an expensive lawsuit that the injured party did not want.
4 Basic Responses
There are four basic responses an injured party may receive after sending a violation notice letter:
• There may be no response to the letter. After waiting two weeks, it is recommended for the injured party to send a second letter that refers to the earlier letter with applicable dates. If there is no response to the second letter, the injured party may want to consult a lawyer and send a third letter on the lawyer’s letterhead.
• The violating party may respond that they are not in violation of the contract. The injured party should be careful how he or she responds in case the other party is correct.
• The violating party may request a meeting to discuss the situation. This may be a good way to resolve the issue, but it is recommended to have the help of a lawyer in arranging a solution.
• The violating party may agree that they are at fault. If this happens, the injured party needs to decide how to resolve the issue. Usually, a formal settlement agreement is signed. An attorney will be able to help with this.
Below is a sample violation of contract letter. It should be addressed to the person or company with whom the injured party holds the contract and sent according to the instructions specified in the contract for such letters.
Sample Contract Violation Letter
Name of Injured Party
Address of Injured Party
City, State, Zip Code
DATE
Name of Violating Party
Address of Violating Party
City, State, Zip Code
Dear Name of Violating Party:
This letter is formal notice to discuss a violation by you in the contract you and I signed on DATE to clear the debris on the one-acre property at ADDRESS. According to the contract, you agreed to complete the project by DATE. However, one month later on DATE, the property has not been cleaned. I have enclosed photographs of the property taken yesterday on DATE.
Please contact me as soon as you receive this violation notice, so we can arrange to have the property cleaned as soon as possible. If I do not hear from you by DATE, I will pursue all legal remedies available.
Sincerely,
Signature of Injured Party
Printed Name of Injured Party
List of Enclosures: photographs of property
By Andre Bradley
Frequently Asked Questions (FAQs)
Q: What is a Contract Violation Letter?
Answer: A Contract Violation Letter is a formal communication sent to a party that has breached a contract. This letter typically outlines the specific terms of the contract that were violated, provides evidence of the violation, and requests corrective actions. It serves as a documented record of the issue and can be used in legal proceedings if the situation escalates.
Q: When should I send a Contract Violation Letter?
Answer: You should send a Contract Violation Letter as soon as you become aware of a breach of contract. It's important to address violations promptly to prevent further damages and to maintain the integrity of the contractual agreement. However, it's also crucial to ensure that a breach has indeed occurred and that the issue cannot be resolved through informal communication.
Q: What should be included in a Contract Violation Letter?
Answer: A Contract Violation Letter should include the following elements: identification of the contract in question, a clear description of the violation, reference to specific clauses in the contract that have been breached, any evidence supporting the claim of violation, the impact of the breach on your business or operations, a specific demand for corrective action, and a deadline for this action. Additionally, it should be formally structured and professionally written.
Q: How can I ensure my Contract Violation Letter is legally enforceable?
Answer: To ensure that your Contract Violation Letter is legally enforceable, make sure it is based on the terms of the contract. The letter should be factual, unambiguous, and free from emotional language. It is often advisable to consult a legal professional when drafting the letter to ensure compliance with legal standards and to include any necessary legal language, especially in complex cases.
Q: Can a Contract Violation Letter lead to legal action?
Answer: Yes, a Contract Violation Letter can lead to legal action if the violating party fails to rectify the breach within the specified timeframe. The letter serves as a formal record of the breach and your attempt to resolve the issue amicably, which can be valuable evidence if the case proceeds to court. However, many disputes are resolved after the issuance of such a letter without needing legal intervention.
Q: How do I respond to a Contract Violation Letter?
Answer: If you receive a Contract Violation Letter, carefully review the claimed breach and consult the original contract. It's important to assess whether the claim is valid and to gather any evidence you have regarding the issue. Respond formally, acknowledging receipt of the letter, and either explain why the claim is incorrect or outline your plan to rectify the breach. Seeking legal advice is often beneficial in such situations.
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