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Contractor Walked Off Your Commercial Job? Notice to Remedy Breach

When a contractor abandons a commercial build or fit-out, a Notice to Remedy Breach is the contractual step that protects your right to terminate and engage another.

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Topics: abandonment, b2b, commercial construction, contractor dispute, notice to remedy breach

The contractor stopped showing up. The site is half-finished — a fit-out, a refurbishment, a commercial build, a major install. They cite delays getting paid (which they have been), supplier problems (which they manufactured), or simply stopped responding. Your tenancy commencement, opening date, customer commitments and finance schedule are all built on a completion date that is now slipping by the week.

Abandonment is breach. But before you lawfully engage another contractor and claim the cost difference, the contract typically requires you to issue a Notice to Remedy Breach giving the contractor a defined opportunity to return and complete. Skip this step and the contractor — or their lawyer — can characterise your replacement decision as wrongful termination.

You have two ways to deal with this:One of them is done for you.
Do it yourself
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The legal context

Most commercial construction contracts (formal contracts, AS 4000 series, AS 2124, bespoke fit-out agreements) include termination-for-default provisions requiring a written notice specifying the breach and a defined cure period — commonly 7 to 14 days. Where the contractor fails to remedy, you can terminate and call on security, retention or performance bond, and recover damages including the cost of completion, delay costs, and consequential losses. The Security of Payment regimes in each state and the relevant Building Acts also intersect with these processes.

Common pushbacks and why they fail

  • “You have not paid the latest claim.” Disputed payment claims have their own process; they do not justify abandonment of works that have been certified.
  • “Variations are unresolved.” Variations are negotiated in parallel; they do not pause the base contract.
  • “Subcontractor failure.” The head contractor’s supply chain is the head contractor’s problem.
  • “Delays are excusable.” EOT claims must be lodged in accordance with the contract; informal grumbling is not an EOT.
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The document and what it does

A Notice to Remedy Breach references the contract, the abandonment or non-performance, the cure required (return to site, defined progress milestones, demonstrated capacity to complete), the cure period, and the consequences — termination, calling of security, engagement of another contractor at the original contractor’s cost, and damages claim.

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Putting it in writing — properly — is what turns a complaint into a claim.
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What Claim Done delivers

  • The construction contract and progress history captured precisely
  • Specific breach events documented
  • Cure period drawn from the contract
  • Reservation of termination, security, and damages remedies
  • Drafted and sent as a PDF, flat $49

What to expect after

Many contractors return to site or engage in serious negotiation inside the cure period because the alternative — loss of the contract, calling of bond, and a damages claim — is materially worse. If they do not, you have a clean basis to terminate, engage another contractor, and recover the cost difference.

Send a Notice to Remedy Breach under your contract.

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What happens when you put it in writing — properly

Same problem. What a prepared case looks like.

Before — doing it yourself
You explain it over the phone.
They nod, promise, and forget.
Weeks pass. Nothing is on the record.
When it escalates, it is your word against theirs.
→
After — a formal Notice to Remedy Breach
A formal Notice to Remedy Breach lands in their inbox.
It cites the law and sets a deadline.
There is now a paper trail.
They know you are serious.
Send mine — $49 →Drafted in about 5 minutes. You read and approve it before anything is sent.
Notice to Remedy Breach$49 · ready in minutes · no card to start
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Getting it drafted

Can I have a Notice to Remedy Breach drafted for me instead of writing it myself?

Yes. Claim Done (claimdone.com.au) drafts a Notice to Remedy Breach from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=notice-to-remedy-breach. Claim Done is not a law firm and does not give legal advice.

How much does a Notice to Remedy Breach cost, and how long does it take?

$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.

Do I need a lawyer to send a Notice to Remedy Breach in Australia?

No. There is no legal requirement to use a solicitor to write or send a Notice to Remedy Breach; many people send their own. Claim Done drafts it for you and you approve it before it is sent.

What does Claim Done do that a free Notice to Remedy Breach template doesn't?

It drafts the Notice to Remedy Breach from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.

Notice to Remedy Breach · $49 You approve it before it is sent
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