How One Missed Deadline Killed a $100K Lawsuit

Why Ignoring the Contract’s “Notice Clause” Can Cost You Everything

The client had a great case. The other side clearly breached. The damages were real.

There was just one problem: They never sent formal written notice of the breach—as required by the contract.

The result? Their $100,000 lawsuit was dismissed.

📜 What Is a “Notice Clause” in a Contract?

Many business contracts include language like this:

“All claims of breach shall be made in writing and delivered by certified mail within ten (10) days of discovery.”

It may look like boilerplate—but in court, these clauses are enforced.

⚠️ Why Missing the Notice Window Can Be Fatal

New York and New Jersey courts often dismiss breach claims not because the facts are weak, but because the notice wasn’t timely or properly delivered.

Common consequences of failing to comply:

• Claim waiver — you’re treated as if you accepted the breach
• Dismissal on procedural grounds — without ever reaching the merits
• Loss of right to damages — even if the other side was clearly at fault

📬 What “Proper Notice” Usually Means

Don’t assume an email or text counts. Most contracts require:

• Written notice (often certified mail or courier)
• Specific content — what happened, when, and that you’re claiming breach
• Delivery to a designated address — not a casual message to your usual contact

If you don’t follow the format in the agreement, your notice may not be valid.

💡 Real-World Example

A service provider in NJ sued a former client for $100K after the client terminated early without cause. But the contract required notice of breach within 15 days by certified mail.

The service provider emailed… then waited… then sued 3 months later.

The court dismissed the case: “Failure to comply with the contractual notice requirement is fatal.”

✅ What You Should Do After a Breach

• Check the contract immediately for notice terms
• Send written notice in the form the contract requires
• Track proof of delivery — certified mail, FedEx, or e-sign platform
• Preserve all emails, memos, and internal summaries

The Bottom Line

You can have the strongest case in the world—but if you miss a notice requirement, you may never get to argue it.

Contracts don’t just set rights—they set rules of engagement. Break them, and your claim may not survive.

Think you have a claim but aren’t sure if notice was done right? Book a 15-minute paid consultation with JDE Law Firm, PLLC today.

🔗 Schedule a Consultation