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Into the Breach

by | Oct 29, 2022 | Firm News |

When one party to a contract does not receive proper performance from the other side, a breach of contract has occurred. But what next? If a breach has occurred, it is the non-breaching party’s responsibility to say so. This should be done within a reasonable period of time and it should be done in writing. At a bare minimum, the non-breaching party should indicate what contractual duty was to be performed and how or why the performance actually rendered was not sufficient under the contract’s terms. It may also be advisable to demand that the non-breaching party cure, if possible, and to specify how you have been or may be damaged by the breach. If you fail to notify the breaching party of the breach, you may be deemed to have waived your remedies for the breach and/or to have accepted the performance as rendered.


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