Use our breach of contract demand letter to determine whether someone is to comply with an agreement.
Updated September 28, 2023
Written by Ioana Gagiuc | Reviewed by Brooke Davis
A breach of contract demand letter puts another party on notice for failing to follow the requirements of a contract. It typically demands that the other party comply with the agreement or provide some compensation for the breach.
The letter shows that you are serious about enforcing the terms of your contract and will initiate legal action if necessary. This formal demand is used as a pre-litigation strategy to enforce compliance while encouraging the other side to capitulate. It can also facilitate a dialogue to solve problems rather than create more.
You should include certain pieces of crucial information in a breach of contract demand letter, such as:
To serve a breach of contract demand letter, you should follow a few essential steps:
Make sure to include all the essential details of the agreement listed above as part of your letter before you serve it. Without this detailed description, your letter may be deficient as a formal demand letter.
It is an excellent idea to serve your demand letter by certified mail. This service requires a signature by the recipient or other person for proof of delivery. This is essential proof that the other party was aware of the demand, so they cannot later claim they were unaware of it.
This may be an important aspect of filing a breach of contract action in some states.
You should send the letter to an official or business address when possible, not a person’s home address. You can also send a demand letter for breach of contract in other ways:
Retain your original demand letter and any documentation from the method of service you choose. This documentation could be necessary proof if the case should require litigation.
If the other party breached your contract, you only have a few years to file your claim in court. The following are the statute of limitations periods in each state:
| State | Number of Years | Statute |
|---|---|---|
| Alabama | 10 years | § 6-2-30 to § 6-2-41 |
| Alaska | 3 years | AS 09.10.053 |
| Arizona | 6 years | § 12-548 |
| Arkansas | 5 years | § 16-56-111 |
| California | 4 years | CCP § 337 |
| Colorado | 3 years | § 13-80-101 |
| Connecticut | 6 years | § 52-576(a) |
| Delaware | 3 years | § 8106 |
| Florida | 5 years | § 95.11(2)(b) |
| Georgia | 6 years | § 9-3-24 |
| Hawaii | 6 years | § 657-1 |
| Idaho | 5 years | § 5-216 |
| Illinois | 10 years | 735 ILCS 5/13-206 |
| Indiana | 10 years | IC 34-11-2-11 |
| Iowa | 10 years | § 614.1(5) |
| Kansas | 5 years | § 60-511 |
| Kentucky | 15 years | § 413.090 |
| Louisiana | 10 years | CC 3499 |
| Maine | 20 years | § 751 |
| Maryland | 3 years | § 5–101 |
| Massachusetts | 6 years | M.G.L. c. 260, § 2 |
| Michigan | 6 years | § 600.5807(8) |
| Minnesota | 6 years | § 541.05 |
| Mississippi | 3 years | § 15-1-49 |
| Missouri | 5 years | § 516.120 |
| Montana | 8 years | § 27-2-202(1) |
| Nebraska | 5 years | § 25-205 |
| Nevada | 6 years | NRS 11.190(1)(b) |
| New Hampshire | 3 years | § 508:4 |
| New Jersey | 6 years | § 2A:14-1 |
| New Mexico | 6 years | § 37-1-3(A) |
| New York | 6 years | N.Y. C.P.L.R. § 213(2) |
| North Carolina | 3 years | § 1-52(1) |
| North Dakota | 6 years | § 28-01-16(1) |
| Ohio | 8 years | O.R.C. 2305.06 |
| Oklahoma | 5 years | § 12-95(A)(1) |
| Oregon | 6 years | § 12.080 |
| Pennsylvania | 4 years | § 5525(a)(8) |
| Rhode Island | 10 years | § 9-1-13(a) |
| South Carolina | 3 years | § 15-3-530(1) |
| South Dakota | 6 years | § 15-2-13(1) |
| Tennessee | 6 years | § 28-3-109(a)(3) |
| Texas | 4 years | § 16.004 |
| Utah | 6 years | § 78B-2-309(2) |
| Vermont | 6 years | 12 V.S.A. § 511 |
| Virginia | 5 years | § 8.01-246(2) |
| Washington | 6 years | RCW 4.16.040(1) |
| West Virginia | 10 years | § 55-2-6 |
| Wisconsin | 6 years | § 893.43(1) |
| Wyoming | 10 years | 1-3-105(a)(i) |
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In determining when to file a potential claim, you should always speak to a licensed attorney in your jurisdiction for time limitations specific to your situation. Statute of limitations periods may be longer or even shorter depending on the particular facts of your case.
In writing a breach of contract demand letter, you do not have to create a new one from scratch. You can use our template builder for step-by-step instructions. Following these guidelines can help you quickly write the proper demand letter for your situation.
Contract demand letters should include the parties’ names, addresses, phone numbers, and other relevant details. This should consist of your contact information and that of any party to the contract, not just the breaching party. If there are additional parties to the agreement, it may be appropriate to send a courtesy letter to these parties as well.
Your breach of contract demand letter should list all of the pertinent details of the contract and how the other party breached that contract. Reference specific violated provisions to bolster your argument further and show you are serious.
Include in the letter what you expect of the breaching party. Specifically, tell the breaching party what you wish to fix the problems they have created. The more specific you are about your expectations, the more likely you will get the desired result.
Details should include a date or deadline by which the breaching party must comply.
In a separate paragraph, include what may occur if the breaching party fails to cure their violations. This should include whether you intend to pursue arbitration or litigation to enforce the contract.
If relevant, it should also include any information from the agreement that governs where a lawsuit may be filed or whether alternative dispute resolution requirements exist as a predicate to litigation.
If applicable, the party sending the letter should include their name and title. The letter should be signed at the bottom by the sending party.
While many demand letters get the other party to comply with the contract, not every party will listen to reason. When they refuse to comply with your demand letter, you may need to take additional actions like those warned in your breach of contract demand letter.
These might include, but are not limited to:
Download our free breach of contract demand letter template in PDF or Word format and fill it out on your own.
