Letter of complaint about non-fulfillment of contract terms

Letter of Claim for Breach of Contract: When It Is Required

A letter of claim is required when one of the parties to a contract breaches the agreed terms: fails to make payment, does not deliver goods, does not provide services, misses deadlines, supplies defective goods, or refuses to fulfil its obligations.

A claim letter may be useful both in business-to-business relations and in disputes between individuals, sole proprietors, or companies. Its purpose is not merely to “complain”, but to formally document the breach and present the counterparty with a specific demand.

A letter of claim may be prepared in cases involving:

• breach of contractual deadlines;
• non-payment for goods, work, or services;
• failure to provide services under a service agreement;
• delivery of defective goods;
• refusal by the counterparty to fulfil its obligations;
• improper performance of contractual terms;
• breach of the agreed payment procedure;
• the need to formally document a legal position before court proceedings.

A letter of claim is not a mere formality, but a tool for the pre-trial settlement of a dispute and the preparation of evidence in case court protection becomes necessary.

How to Write a Claim and What Information to Include

For a claim concerning a breach of contract to have legal weight and practical effect, it must be drafted clearly, reasonably, and without emotional language. The document should explain the nature of the breach, identify which contractual provisions have not been fulfilled, and specify what the claimant requires from the other party.

It is important not only to describe the problem but also to refer to the contract, acceptance certificates, invoices, delivery notes, correspondence, payment documents, or other evidence. If the demand is formulated vaguely, the counterparty may ignore the document or provide a merely formal response.

A letter of claim usually includes:

1. details of the parties — company name, sole proprietor’s details or full name, addresses, and payment details;
2. contract details — number, date, and subject matter of the contract;
3. nature of the breach — what has not been performed or has been performed improperly;
4. evidence of the breach — certificates, invoices, delivery notes, correspondence, photographs, or expert reports;
5. the claimant’s demands — payment, delivery of goods, correction of defects, reimbursement, or other action;
6. the deadline for complying with the demands or providing a response;
7. notice of further action — court proceedings, recovery of damages, penalties, or late-payment charges;
8. a list of attachments to the claim.

Legal Services for Preparing a Letter of Claim

Legal services for preparing a letter of claim involve more than drafting the text of the document. Before preparing the claim, it is necessary to analyse the contract, review the available evidence, determine the legal position, and choose the appropriate tone for communication with the counterparty.

The lawyer assesses whether the contract provides for a mandatory claims procedure, what response period applies, which sanctions may be claimed, and whether there are grounds for recovering late-payment charges, penalties, damages, or terminating the contract.

We assist with:

• providing legal advice on breaches of contractual terms;
• analysing the contract and supporting documents;
• reviewing evidence of non-performance or improper performance of the contract;
• developing a legal position;
• preparing a letter of claim tailored to the specific situation;
• calculating the amount of the claim, penalties, or damages;
• providing recommendations on how to send the document;
• supporting negotiations with the counterparty;
• preparing a response to a claim if your company has received one.

Benefits of Working with Prikhodko & Partners

In contractual and commercial disputes, it is important not merely to send a document but to properly organise the entire claims process. Errors in the demands, deadlines, or evidence may weaken a party’s position in future court proceedings.

We offer:

• practical experience in contractual disputes — we understand which arguments can genuinely influence the counterparty;
• individually prepared documents — the claim is drafted specifically for your contract rather than based on a generic template;
• review of evidence before sending the claim — we verify whether your demands are supported by documents;
• clear communication — we explain what may be claimed and what should not be included in the document;
• a result-oriented approach — our goal is not simply to write a letter, but to strengthen your position in the dispute;
• the option to order the service online — documents may be provided remotely.

Sample Letter of Claim and Further Action

A sample letter of claim may be a useful reference, but it cannot replace an analysis of the specific contract, evidence, and applicable deadlines. A universal template often fails to take important provisions into account, including the notification procedure, performance deadlines, sanctions, acceptance of work, payment terms, or evidentiary requirements.

After the claim has been sent, it is necessary to monitor its receipt, the response deadline, and the counterparty’s reaction. If the other party acknowledges the breach, the parties may proceed to negotiations, restructuring, the conclusion of an additional agreement, or the actual performance of the obligations.

If the claim is ignored or the response does not resolve the problem, the lawyer will help prepare the next step: a response to the claim, a repeated demand, a negotiation position, or a court claim.

Stages of Cooperation with a Lawyer

1. Client’s request. You describe the situation and provide the contract, correspondence, invoices, acceptance certificates, or other documents.
2. Initial consultation. The lawyer explains the available options for pre-trial settlement and assesses the prospects of the matter.
3. Analysis of the contract and evidence. The contractual terms, deadlines, sanctions, notification procedure, and evidence are reviewed.
4. Determination of the legal position. The demands, claim amount, and desired result are formulated.
5. Preparation of the claim. The lawyer drafts the document with references to the contract, evidence, and legal grounds.
6. Approval by the client. The document is reviewed and amended where necessary.
7. Recommendations on further action. The lawyer explains how to send the claim, which deadlines to monitor, and what to do after receiving a response.