Notice to Remedy Breach: How to Give a Contractor One Last Chance in Australia

A contractor has done half the job. Or the work is defective. Or they have stopped showing up entirely. You want to terminate the contract and engage someone else — or claim damages for the mess they have left behind.

In most cases, you cannot do either without first issuing a notice to remedy breach. This formal last chance is typically required under Australian contract law. Skip it, and you may lose your right to terminate or recover costs.

What is a notice to remedy breach?

A notice to remedy breach is a written demand that identifies a specific breach of contract and requires the contractor to fix it within a reasonable time — usually 7 to 14 days.

It is typically a precondition to:

• Terminating the contract for breach
• Claiming damages for incomplete or defective work
• Engaging a replacement contractor and recovering the additional cost
• Withholding payment or claiming against a deposit

Most commercial contracts include a clause requiring this notice before termination. Even if your contract does not mention it, common law principles often imply the requirement — particularly where the breach is capable of being fixed.

The notice serves two purposes. It gives the contractor a fair opportunity to remedy the problem. And it creates a clear evidentiary record that you complied with the contractual termination process.

When you must issue a notice to remedy breach

You must typically issue a notice to remedy breach when:

• Work is incomplete — the contractor has stopped attending site or failed to meet agreed milestones
• Work is defective — the quality does not meet the contract specification or relevant Australian Standards
• Materials are substandard — the contractor used cheaper or incorrect materials
• Delays without reasonable excuse — the project is significantly behind schedule
• Failure to comply with site rules — safety breaches, unauthorised subcontractors, failure to obtain permits
• Breach of a specific contractual obligation — anything expressly required under the written agreement

Do not issue a notice for trivial or disputed matters. The breach must be clear, material, and capable of remedy within the timeframe you specify.

What to include in the notice

A valid notice to remedy breach must contain:

1. Identification of the contract

Reference the written agreement by date, parties, and subject matter. Attach a copy if the contractor may dispute its existence.

2. Clear description of the breach

Be specific. “Poor workmanship” is not sufficient. State exactly what is defective, incomplete, or non-compliant — with reference to the contract clause, specification, or relevant standard that has been breached.

3. Evidence of the breach

Attach photographs, inspection reports, expert opinions, or correspondence that demonstrates the breach. This strengthens your position if the matter proceeds to tribunal or court.

4. The remedy required

State what the contractor must do to fix the breach. Be precise and realistic.

5. Reasonable timeframe

Specify the number of days the contractor has to remedy the breach. The timeframe must be reasonable given the nature of the work.

• Minor defects: 7 days
• Moderate rectification work: 14 days
• Substantial remedial work: 21–28 days

If your contract specifies a timeframe, use that. If not, 14 days is standard.

6. Consequences of non-compliance

State what will happen if the contractor does not remedy the breach within the timeframe.

7. Your contact details

Provide a phone number and email address for the contractor to respond.

How to deliver the notice

The notice must be delivered in accordance with the contract’s notice provisions. Most contracts specify:

• Email to the contractor’s last known address
• Registered post to the contractor’s registered business address
• Hand delivery with proof of receipt

If your contract does not specify, use email and registered post together. Keep proof of delivery — the email send receipt and the Australia Post tracking number.

Do not rely on verbal notice. It must be in writing.

What happens after you issue the notice

If the contractor remedies the breach

The contract continues. You cannot terminate or claim damages for that specific breach. However, if further breaches occur, you can issue another notice.

If the contractor does not remedy the breach

Once the timeframe expires, you typically have the right to:

• Terminate the contract under the breach clause
• Engage a replacement contractor to complete or rectify the work
• Claim the additional cost as damages
• Withhold payment or claim against any deposit or retention sum

You must act reasonably. Termination is a serious step. If the breach is minor or the contractor has made genuine efforts to fix it, a tribunal may find that termination was disproportionate.

If the contractor disputes the breach

The contractor may respond claiming that:

• The work complies with the contract
• The defect was caused by your actions (e.g., you changed the scope or failed to provide access)
• The timeframe is unreasonable
• You have already waived the breach by accepting the work or making payment

If the dispute cannot be resolved, the matter will proceed to the relevant tribunal or court. The notice to remedy breach will be critical evidence that you followed the correct process.

Common mistakes to avoid

Terminating without issuing a notice

If you terminate without a valid notice to remedy breach, the contractor may claim wrongful termination and sue for loss of profit. You may also lose your right to claim damages.

Issuing a notice for a trivial breach

Tribunals and courts expect proportionality. A notice to remedy breach should be reserved for material breaches that genuinely affect the contract.

Using vague or aggressive language

The notice is a legal document, not an opportunity to vent frustration. Be precise, factual, and professional.

Failing to give a reasonable timeframe

If the timeframe is unrealistic, the notice may be invalid. Consider the complexity of the remedial work and the contractor’s other commitments.

Not keeping evidence

If the matter proceeds to tribunal, you will need to prove the breach and your compliance with the notice process. Keep all correspondence, photographs, invoices, and delivery receipts.

How Claim Done helps

Claim Done generates a notice to remedy breach tailored to your contract and the specific breach. You complete a short intake form describing the problem. Our Programmatic Algorithms draft a legally precise notice citing the relevant contract clauses — formatted for immediate delivery.

The service includes:

• Contract-specific breach identification
• Evidence-based description of the defect or non-compliance
• Reasonable timeframe based on the nature of the work
• Clear statement of consequences if the breach is not remedied
• Professional formatting and delivery-ready PDF

No subscription. Done in about 5 minutes.

What to do if the contractor still does not comply

If the contractor does not remedy the breach within the specified timeframe, your next steps depend on the value of the claim and the terms of your contract.

For smaller claims, you can apply to your state’s tribunal or court (the right one depends on your state and the type of work). Claim Done can prepare your tribunal application and a witness statement. You attach your own evidence.

For larger claims, you may need to commence proceedings in the District or Supreme Court.

For urgent matters — such as safety risks or ongoing financial loss — you may be able to seek an interlocutory injunction requiring the contractor to stop work or comply with the contract.

Final checklist before issuing the notice

Before you send the notice to remedy breach, confirm:

• [ ] The breach is clearly identified and material
• [ ] You have evidence of the breach (photos, reports, correspondence)
• [ ] The remedy required is specific and achievable
• [ ] The timeframe is reasonable
• [ ] The notice complies with your contract’s notice provisions
• [ ] You have proof of delivery (email receipt, registered post tracking)
• [ ] You are prepared to follow through if the contractor does not comply

A notice to remedy breach is not a threat. It is a formal contractual step that protects your rights and gives the contractor a fair opportunity to fix the problem. If you skip it, you may lose your right to terminate or recover damages — no matter how serious the breach.

Claim Done can generate a notice to remedy breach in about 5 minutes based on your contract and evidence. Describe the breach and receive a delivery-ready notice for a flat fee.

Frequently Asked Questions

Can I terminate a contract without issuing a notice to remedy breach?

Only if the contract expressly permits immediate termination for that type of breach, or the breach is so serious that it goes to the root of the contract. For most breaches, you must issue a notice first.

How long should I give the contractor to fix the breach?

It depends on the nature of the work. Minor defects may require 7 days, moderate rectification 14 days, and substantial remedial work 21–28 days. The timeframe must be reasonable.

What if the contractor ignores the notice?

Once the timeframe expires, you can typically terminate the contract, engage a replacement contractor, and claim the additional cost as damages. You may also withhold payment or claim against any deposit.

Do I need a lawyer to write a notice to remedy breach?

Not necessarily. Claim Done generates a legally precise notice based on your contract and evidence.

Can I issue a notice to remedy breach for non-payment?

Yes, if you are the contractor and the client has failed to pay in accordance with the contract. The notice should specify the amount owing, the due date, and the timeframe for payment.