How to Chase a Contract Breach
Chase a contract breach by documenting the breach thoroughly, sending a formal written notice citing the specific clause breached, allowing any contractual cure period, and escalating through a letter before action, mediation, or court proceedings if necessary.
Last updated: February 2025
Step-by-Step Guide
Document the breach
Gather all evidence of the breach including emails, deliverables, timelines, and any communications showing the other party's failure to perform.
- •Create a timeline of events with supporting documents.
- •Save copies of all electronic communications.
Review the contract's breach and remedy provisions
Check whether the contract requires notice of breach, allows a cure period, or specifies remedies such as liquidated damages.
- •Follow the contract's dispute resolution procedure exactly.
Send a formal breach notice
Write to the other party identifying the specific clause breached, the facts constituting the breach, and what remedy you require (performance, compensation, or cure within a stated period).
- •Send via the method specified in the contract's notices clause.
Allow the cure period and assess next steps
If the contract provides a cure period, wait for it to expire. If the breach is not remedied, consider your options: negotiation, mediation, letter before action, or litigation.
- •A letter before action is required before most court claims under the Pre-Action Protocol.
Legal Requirements
Under the Civil Procedure Rules Pre-Action Protocols, parties must attempt to resolve disputes before issuing court proceedings. A letter before action must be sent giving the defendant a reasonable time (usually 14 days) to respond. Limitation periods for breach of contract claims are six years from the date of breach.
Common Mistakes
Template / Example
When to Get a Solicitor
If the breach involves significant financial loss, the other party denies the breach, or you are considering litigation or arbitration.
FAQ
How long do I have to bring a breach of contract claim in the UK?
You have six years from the date of breach to bring a claim in court, or twelve years if the contract was executed as a deed.
Can I terminate a contract for any breach?
No. You can only terminate for a material or repudiatory breach, breach of a condition (as opposed to a warranty), or if the contract expressly permits termination for that type of breach.
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