Is an electronic notice valid?

Yes if the contract permits electronic delivery and signatures, and the method satisfies ESIGN and any applicable state law on electronic transactions. Confirm the contract’s notice clause before relying on e-delivery.

How is the ten-day period calculated?

Count calendar days from the notice date shown on the document unless the contract specifies business days. Confirm any tolling rules or exclusions in the agreement.

What if the recipient claims it never received the notice?

Maintain proof of service such as certified mail receipt, courier tracking, delivery confirmation, or an e-delivery audit trail showing acceptance to rebut non-receipt claims.

Can the notice be revoked or amended?

Yes, a sender can issue an amended or withdrawn notice, but do so in writing and serve it using the contract’s required methods to avoid confusion about cure timing.

Is notarization required for this notice?

Not typically required for a notice of non-compliance itself, but certain jurisdictions or related filings (such as affidavits or deeds) may require notarization or witness statements.

When should I consult counsel?

If remedies are significant, disputes are likely, or statutory rules may limit enforcement, obtain legal advice before serving the notice to ensure procedural compliance.

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10 Day Notice of Material Non-Compliance

10 Day Notice of Material Non-Compliance

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

What the 10 Day Notice of Material Non-Compliance Is

The 10 Day Notice of Material Non-Compliance is a formal written communication that identifies a significant breach of contract or agreement and gives the recipient ten calendar days to cure the specified defect. It specifies the contract provision violated, describes the noncompliant conduct, sets a clear cure deadline, and outlines possible remedies if the recipient fails to cure. The notice creates a documentary record to support enforcement, dispute resolution, administrative action, or litigation and helps ensure parties follow the contract’s cure and notice procedures.

Why a Clear 10 Day Notice Matters

A precise notice preserves contractual rights, establishes an evidentiary record, and gives the other party an opportunity to cure within the agreed timeframe. Proper drafting reduces ambiguity, supports later remedies like termination or damages, and can limit exposure to procedural defenses.

Who Typically Issues and Receives This Notice

Businesses and individuals issue a 10 Day Notice when a contract requires a short cure window or when statute or agreement demands prompt written notice.

Landlords and property managers issuing cure notices before eviction or lease termination.
Contractors and owners addressing construction defects, missed milestones, or warranty breaches on active projects.
Lenders, servicers, and borrowers enforcing loan covenants or cure obligations before accelerating remedies.

Step-by-Step: Prepare and Serve the Notice

Follow a clear sequence to draft, approve, and serve the notice using contract-prescribed methods to preserve rights.

01

Draft: Record the breach, cite contract provisions, and state required cure actions.
02

Approve: Have authorized personnel or legal counsel review wording before sending.
03

Serve: Deliver using the contract’s accepted method and retain proof of delivery.
04

Monitor: Track the cure window and document any communications or remediation evidence.

Configure an Online Notice Workflow

Set up a repeatable digital workflow that enforces required fields, delivery rules, and retention settings for legal consistency.

Workflow Setup Field Header Row	Form Field \| Workflow Configuration
Signer Authentication	Email link, SMS code, or stronger KBA as contract requires
Delivery Method	Registered mail, courier, or e-delivery with proof of receipt
Cure Deadline Field	Auto-calculate ten calendar days from notice date
Record Retention	Store signed notice and delivery receipt securely for retention period

Where to File, Send, and Record the Notice

Service and recordkeeping vary by contract; use the method specified and keep evidence of delivery and receipt.

Contract Address: Send to the notice address listed in the agreement.
Registered Mail: Use certified or registered mail when contract requires proof of service.
Electronic Delivery: Use e-delivery with read receipt where permitted by contract and law.
File Copy: Retain the signed notice and delivery proof in your records.

Digital Signing and eSubmission Requirements

Use platforms that provide audit trails, tamper-evident signed PDFs, and secure storage to preserve evidence of the notice, authentication steps, and delivery history for later enforcement or litigation.

Formats Supported: PDF, Word DOCX accepted
Authentication: Email link or SMS code
Integrations: CRM or storage integrations

Key Deadlines and What Triggers Them

Track calendar days precisely and document when the recipient receives the notice and when the cure window expires.

Notice Issuance Date:

The date placed on the notice starts the ten-day clock.

Cure Deadline:

Ten calendar days from the notice date unless contract specifies otherwise.

Acknowledgment of Receipt:

Record the recipient’s receipt date to resolve disputes over timing.

Cure Verification:

Establish how cure will be verified and by whom.

Escalation Deadline:

When cure fails, note the date remediation ends and remedies begin.

Milestones from Draft to Enforcement

A sequential milestone list helps you manage the notice lifecycle and preserves a defensible timeline for any enforcement step.

01

Draft Notice

Prepare a fact-based description of the breach and required cure actions.

02

Obtain Approval

Legal or authorized signatory reviews and signs the notice.

03

Serve Notice

Deliver using the contract-prescribed method with proof of delivery.

04

Initiate Remedies

If no cure in ten days, proceed with remedies specified by agreement.

Common Mistakes When Preparing This Notice

Using vague descriptions instead of specific dates and facts, which weakens enforceability and invites disputes about whether a material breach occurred.
Serving the notice by an unauthorized method or to the wrong address, causing a dispute over whether the cure period began.
Failing to confirm the contract’s cure procedures and required notice language, leading to procedural defenses by the recipient.
Omitting evidence of delivery and receipt, which can make enforcement or court filings more difficult and time-consuming.

Penalties and Risks of an Incorrect or Untimely Notice

Waiver Risk: May waive remedies

Breach of Procedure: Procedural defects can bar enforcement

Delay Costs: Increases time and expense

Statutory Exposure: Regulatory penalties may apply

Litigation Risk: Disputes about notice validity

Reputational Harm: Strained business relationships

Essential Information to Include on the Notice

Notice Date: MM/DD/YYYY format

Sender Identity: Full legal name and title

Recipient Identity: Full legal name and service address

Contract Reference: Title and execution date

Breach Details: Specific acts, dates, and locations

Cure Deadline: Exact date and required actions

Key Components of a Professional 10 Day Notice

A robust notice includes standard sections that make the claim clear, measurable, and legally defensible while preserving rights and evidence.

Header

Include sender and recipient names, addresses, contract title, and the notice date so the document is immediately identifiable and linked to the governing agreement.

Contract Reference

Cite the specific agreement, execution date, and clause or section alleged to have been violated to avoid ambiguity about which obligations apply.

Detailed Description

Provide factual statements with dates and examples of the noncompliance, avoiding conclusory language and ensuring a clear basis for any cure demand.

Cure Instructions

State precise remedial actions required, acceptable evidence of cure, and any inspections or approvals necessary to confirm remediation.

Consequences

Explain the contractual remedies available if the cure is not completed within ten days, including termination, damages, liens, or acceleration of obligations.

Service and Signature

Specify the required service method, include a signed name block for an authorized representative, and attach proof of delivery or a certificate of service.

eSignature Pricing and Feature Comparison for Notice Workflows

Basic pricing and core features for common eSignature providers to consider when digitizing a 10 Day Notice workflow; signNow is listed first per comparison conventions.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day trial, no credit card	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

FAQs About the 10 Day Notice of Material Non-Compliance

Common questions and practical answers to help ensure your notice is enforceable, timely, and properly documented.

Need help? Contact support

Is an electronic notice valid?
Yes if the contract permits electronic delivery and signatures, and the method satisfies ESIGN and any applicable state law on electronic transactions. Confirm the contract’s notice clause before relying on e-delivery.
How is the ten-day period calculated?
Count calendar days from the notice date shown on the document unless the contract specifies business days. Confirm any tolling rules or exclusions in the agreement.
What if the recipient claims it never received the notice?
Maintain proof of service such as certified mail receipt, courier tracking, delivery confirmation, or an e-delivery audit trail showing acceptance to rebut non-receipt claims.
Can the notice be revoked or amended?
Yes, a sender can issue an amended or withdrawn notice, but do so in writing and serve it using the contract’s required methods to avoid confusion about cure timing.
Is notarization required for this notice?
Not typically required for a notice of non-compliance itself, but certain jurisdictions or related filings (such as affidavits or deeds) may require notarization or witness statements.
When should I consult counsel?
If remedies are significant, disputes are likely, or statutory rules may limit enforcement, obtain legal advice before serving the notice to ensure procedural compliance.

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