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Contract Notice and Cure Provisions

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By

ACL

The short answer

Many contracts require written notice of a breach and a chance to fix it, called a cure period, before the other side can terminate or sue. Skipping these steps can weaken or defeat an otherwise valid claim.

Where it fits in your case

Before terminating a contract or filing suit, and whenever you receive a notice of default.

What to expect

  • Form matters. Contracts often specify who receives notice, how it is delivered, and what it must say.

  • Cure periods commonly run 10 to 30 days from notice.

  • After the cure period, the non-breaching party may gain the right to terminate or claim damages, as the contract provides.

  • Strict compliance. Courts sometimes excuse defective notice, for example when cure was impossible, but do not count on it.

What we need from you

The contract and amendments, every notice sent or received, and proof of delivery.

Common misconceptions

  • “An email is good enough.” Not if the contract requires a specific method or address.

  • “They knew about the problem.” Knowledge does not always replace formal notice.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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