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}
