A cure notice is a written notice issued by a customer to a contractor, stating that the contractor has failed to meet the requirements of a contract and must take corrective action. To make the cure notice enforceable, it should contain these 5 elements:
If a cure notice is missing one or more of those elements, it may still be enforceable. However, including these elements significantly helps ensure enforceability.
Whether a cure notice is enforceable ultimately depends on the specific terms of the contract, applicable laws and regulations, and the actions taken by the parties involved.
Identification of the contract: The notice should clearly identify the contract in question, including the contract number, the parties involved, and the specific terms and conditions that the contractor has failed to meet.
Description of the problem: The notice should clearly describe the problem or problems that the contractor has failed to address, including specific instances of noncompliance.
Deadline for corrective action: The notice should specify a reasonable deadline for the contractor to take corrective action. The deadline should provide the contractor with sufficient time to remedy the problem and meet the requirements of the contract.
Consequences of failure to comply: The notice should clearly state the consequences that will result if the contractor fails to take corrective action by the deadline. The consequences may include termination of the contract or other measures as specified in the contract.
Signature and delivery: The notice should be signed and delivered to the defaulting party in writing, either by mail, email, or other means as specified in the contract.