A contract is simply an arrangement between two or more parties, generally involving a document which, when signed, legally binds one person or group to the accomplishment or execution of a task in exchange for a given amount of money. Once a contract has been signed, the fulfillment of the contract terms is compulsory, by law. If the terms of a contract are not fulfilled, then the party who is not holding up its end of the agreement is said to be in breach of the contract. This is unacceptable and the wronged party can take legal action to enforce the contract terms or seek other forms of compensation. Legal action begins with the drafting of the breach of contract Letter. To write a breach of contract letter, follow the steps in the guide below.
Scrutinize a copy of your contract. Read it carefully. Be certain a breach of contract has occurred before you proceed. If you are not certain, consult a legal representative or a legal aid adviser.
Begin by addressing the letter to the person or company with whom you hold the contract.
Open the body of the letter with a statement such as, "It is my opinion that ___ has committed serious breach of contract in the following manner:"
Follow this with an enumerated list of the ways the contract has been violated. Be sure to refer back to the original document for each specific infringement. For example, "In the original contract, clause 3.1, the contractor states that work will proceed at a reasonable rate. No work has been done for at least 3 weeks in an obvious breach of contract." Be specific and include as many details, such as names and dates, as you possibly can.
Close the letter by offering them an out. This is a legal way of making nice and giving them a chance to defend themselves. You might write something similar to the following: "Please submit any evidence to indicate why I should not take any further legal action to cancel this contract and seek reimbursement for financial damages accrued during this time period."
Type in your name, address and phone number. Beneath this information, sign your name in ink and add the date.
Make photocopies of your letter. File one at a safe place and send the other, via certified mail, to the recipient. This way you will have proof they received your letter.
- If no response is received in 30 days, you can consider the contract null and void. You may then pursue the matter in small claims court where you may be awarded damages.
- If you receive an offer or any attempt to reach a solution through negotiation, you should seriously consider it.