Contractor Walked Off the Job: Letter of Demand or Notice to Remedy First?

You paid a deposit. Work started. Then the contractor stopped showing up, stopped returning calls, and left your project half-finished. Now you’re stuck with an unfinished bathroom, a torn-up kitchen, or a deck with no railings.

The question is which document to send first: a letter of demand or a notice to remedy breach. The answer depends on what you want and what kind of agreement you had.

What happened when the contractor walked off

A contractor walking off the job is a breach of contract. Whether it’s a written building contract, a signed quote, or a verbal agreement confirmed by text messages, the contractor agreed to complete specific work for a specific price. Abandoning that work without lawful excuse is a repudiation.

You’re typically entitled to:

• Completion of the work, or
• Damages — the cost to hire someone else to finish, plus any additional losses caused by the delay

Which remedy you pursue determines which document you send.

Letter of demand vs notice to remedy breach

Letter of demand

A letter of demand is used when the breach is complete and you want compensation, not performance. You’re saying: “You failed to do the work. Pay me back what I’m owed, or I’ll take you to tribunal.”

Use a letter of demand when:

• The contractor has clearly abandoned the job and will not return
• You’ve already hired someone else to finish the work
• You want a refund of the deposit or payment for incomplete work
• There’s no written contract, or the contract doesn’t include a formal dispute resolution clause
• You’re ready to escalate to tribunal if they don’t pay

A letter of demand cites the breach, quantifies your loss, and gives a deadline (usually 7–14 days). If ignored, it becomes evidence in your tribunal application.

Notice to remedy breach

A notice to remedy breach is used when you still want the contractor to finish the job. It’s a formal warning under the contract: “You’re in breach. You have X days to fix it, or the contract is terminated.”

Use a notice to remedy when:

• You have a written building contract with a dispute resolution clause
• The contractor might still be willing to complete the work
• You’d prefer them to finish rather than start over with someone new
• The contract specifies a notice period before termination (common in HIA or MBA standard contracts)

A notice to remedy preserves your right to terminate if the contractor doesn’t comply. After the notice period expires, you can then issue a letter of demand for damages.

When to go straight to a letter of demand

If any of these apply, skip the notice to remedy and send a letter of demand immediately:

No written contract. If you only have a verbal agreement, a quote, or text messages, there’s no formal breach clause to trigger. A letter of demand is your first step.

Contractor has disappeared. If they’ve stopped responding entirely, a notice to remedy is pointless. Demand payment and prepare for tribunal.

Work is dangerously incomplete. If the half-finished job is creating a safety hazard or causing ongoing damage (exposed wiring, leaking pipes, structural instability), you need to hire someone else immediately. Demand compensation for the cost.

You’ve already paid in full. If you paid the full contract price and the contractor didn’t finish, you’re owed a refund or the cost to complete. That’s a debt claim, not a performance issue.

You don’t want them back. Even if there’s a contract, if you’ve lost all confidence in the contractor’s ability or reliability, you’re entitled to terminate and claim damages.

When to send a notice to remedy first

If you have a written contract and any of these apply, start with a notice to remedy:

The contract requires it. Many standard building contracts include a clause requiring written notice before termination. If you skip this step, the contractor might argue you breached the contract by terminating without notice.

You’d prefer them to finish. If the contractor is halfway through a complex job and you’d rather have them complete it than start over, a notice to remedy gives them a chance to return.

The breach is fixable. If the contractor is behind schedule but the work done so far is acceptable, a notice to remedy might get them back on track without the cost and delay of hiring someone new.

You want to preserve your legal position. Sending a notice to remedy shows you followed the contract process. If the contractor ignores it, you have clear evidence of repudiation when you escalate to tribunal.

The notice should specify:

• The exact breach (e.g., “You have not attended site since 12 March 2025 and have not responded to calls or emails”)
• The remedy required (e.g., “You must attend site and resume work within 7 days”)
• The consequence of non-compliance (e.g., “If you do not comply, the contract will be terminated and I will claim damages”)

What to include in your letter of demand

Whether you send a notice to remedy first or go straight to a letter of demand, the demand letter must be specific and quantified.

Include:

The parties. Your name and address, the contractor’s registered business name and ABN.

The agreement. What work was agreed, when, and for how much. Attach the quote, contract, or text messages.

The breach. When the contractor stopped work, what was left incomplete, and any communication (or lack of it) since.

Your loss. The amount you’re claiming, broken down:

• Deposit or progress payments already made: $X
• Cost to hire another contractor to complete the work: $X
• Additional costs caused by delay (e.g., temporary accommodation, storage, lost rental income): $X
• Total claimed: $X

The deadline. “Payment must be received within 14 days of the date of this letter.”

The consequence. “If payment is not received, I will file an application in [state tribunal] without further notice.”

Do not threaten criminal charges, building authority complaints, or anything you can’t actually do. Stick to the civil claim.

After you send the letter

Most contractors will either:

1. Pay in full. Problem solved.
2. Offer a payment plan or partial settlement. You can accept, negotiate, or reject and proceed to tribunal.
3. Ignore it. After the deadline, file your tribunal application. The letter proves you gave them a chance to settle.
4. Dispute the claim. If they argue the work was completed or you owe them more money, you’ll need to prepare a defence and potentially go to tribunal. Keep all your evidence organised.

Do not accept a verbal promise to pay “next week” without a signed payment plan agreement. Get it in writing or proceed to tribunal.

How Claim Done helps

Claim Done’s Programmatic Algorithms work from what you tell us about your evidence — the contract, quote, text messages, photos of the incomplete work, and invoices from the replacement contractor — and generate a professionally formatted letter of demand.

The letter is sent to the contractor by email. You get a tracking link and a copy for your records.

If the contractor doesn’t pay, the letter becomes Exhibit A in your tribunal application. Claim Done can also prepare your tribunal application documents for the same dispute.

Fixed fee. No subscription. Done in about 5 minutes.

Start your letter of demand now

If a contractor has walked off your job and you’re owed money, Claim Done can draft your letter of demand in about five minutes and send it once you approve it.

Tell us what evidence you have. Answer a few questions. Our Programmatic Algorithms do the rest — formatting the letter and delivering it by email.

No lawyer required. Just a fast, professional debt recovery document based on the facts you provide.

Generate your letter of demand now and get your money back.

Frequently Asked Questions

Can I send both a notice to remedy and a letter of demand?

Yes. If you have a written contract, send the notice to remedy first. If the contractor ignores it, follow up with a letter of demand after the notice period expires. This shows you followed the contract process before claiming damages.

What if the contractor says I still owe them money?

If the contractor claims you owe progress payments or variations, review your contract and payment records. If the claim is genuine, you may need to offset it against your damages. If it’s spurious, your letter of demand should address it directly and state why no further payment is owed.

How much can I claim if the contractor walked off?

You can typically claim the deposit or payments already made, the cost to hire another contractor to complete the work, and any additional losses caused by the delay (e.g., temporary accommodation, lost rental income). Keep invoices and quotes from the replacement contractor as evidence.

Do I need a written contract to send a letter of demand?

No. Even a verbal agreement or a signed quote is enforceable. Your letter of demand should attach the quote, text messages, or any other evidence of the agreement. Not all contracts need to be in writing under Australian law.

What if the contractor is a sole trader with no assets?

You can still send a letter of demand and file a tribunal claim. If you win and they don’t pay, you can apply for enforcement (garnishee order, property seizure). However, if they’re genuinely insolvent, recovery may be difficult. Consider this before spending time and money on tribunal.