Breach of Contract

 Notice – Breach of Contract
{Letterhead}

{Date}

{Name of defendant}

{Address}

{City, state, zip code}

RE:  {Description of claim}

Dear {Name of defendant}:

I represent {name of client}, who has retained me to assert a claim against you for breach of contract.  This letter is notice of my client’s claim and attempt to resolve this matter without litigation.

On {date}, my client, {name of client}, {executed a written contract/entered into an oral contract} with you.  Under the terms of the contract, my client promised to {list contractual obligations}, and you promised to {list contractual obligations}.  You have not performed the following obligations:  {list unperformed contractual obligations}.

My client has fully performed the contract’s obligations, but you have not.  As a result of your nonperformance, my client

{If no liquidated-damages clause}

(A)    incurred damages in the amount of ${amount}.  These damages represent {specify type of damages incurred, e.g., expectation, reliance, restitution}.  Should this claim result in litigation, these amounts will be adjusted upward to reflect any additional damages.  

{If liquidated-damages clause}

(B)    is entitled to liquidated damages in the amount of ${amount} under the liquidated-damages clause in section {number} of the contract.  {Identify the provisions of the liquidated-damages clause.}  

At this time, my client has incurred attorney fees in the amount of ${amount} and other related expenses in the amount of ${amount}.  In the event of litigation, these amounts will be adjusted to reflect the additional time and expense incurred.  In the event of litigation, my client will request attorney fees.

{CHOOSE APPROPRIATE STATEMENT FOR ATTORNEY FEES}

(A)    under ____ Civil Practice & Remedies Code chapter ___.  

(B)    under the provisions of section {number} of the contract, which provides:  {quote relevant provisions of contract}.  

My client wishes to resolve this matter without having to file suit.  Therefore, we request that you

{CHOOSE APPROPRIATE STATEMENT}

(A)    perform the remaining contractual obligations {add if necessary:  by {date}} and remit payment in the amount of ${amount}, which includes my client’s actual damages, attorney fees, and expenses.  The remaining contractual obligations to be performed include the following: {identify unperformed obligations}.  If you do not agree to perform your contractual obligations and pay the sum within {number of days, 30 or greater} days after receiving this notice, suit will be filed against you.

(B)    enter into a separate written agreement to modify the terms of the contract and remit payment in the amount of ${amount}, which includes my client’s actual damages, attorney fees, and expenses.  The agreement to modify must include the following terms:  {specify terms}.  If you do not agree to modify the terms of the contract and pay the sum within {number of days, 30 or greater} days after receiving this notice, suit will be filed against you.

(C)    enter into a separate written agreement to rescind the contract and remit payment in the amount of ${amount}, which includes my client’s actual damages, attorney fees, and expenses.  The agreement to rescind must include the following terms:  {specify terms}.  If you do not agree to rescind the contract and pay the sum within {number of days, 30 or greater} days after receiving this notice, suit will be filed against you.

I look forward to hearing from you soon.

Sincerely,
 _________________________
{Name of client’s attorney}