Can a notice be signed electronically?

Yes. Electronic signatures are generally valid under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted. Ensure the method demonstrates signer intent, provides attribution, and allows record retention for reproduction.

What if the contract requires notarized notices?

If the contract or state law requires notarization, obtain an in-person notary or remote online notarization where allowed. Follow the notary requirements of the applicable state to avoid defective delivery.

Is a receipt required to make the notice effective?

Effectiveness is governed by the contract's notice clause—some specify delivery methods or receipt rules. If the clause requires actual receipt, obtain acknowledgement; if it uses deemed delivery (e.g., mailed by certified post), follow that procedure.

Who must sign the notice?

An authorized representative with authority under the contract should sign. For corporations, that typically means an officer or delegated agent; for sole proprietors, the owner. Lack of authority can render the notice defective.

Can the notice be withdrawn or revised?

Yes, a party may send a revised or withdrawn notice, but both parties should document the change. Withdrawal does not erase prior events or toll statutory periods unless the recipient agrees.

What to do if the recipient disputes the notice?

Preserve all records, engage contract counsel, and follow contractual dispute-resolution provisions. Promptly provide supporting evidence of remediation efforts and seek an agreed resolution to avoid escalation.

Electronic Signature
Templates
Other
Notice of Intent to Perform

Notice of Intent to Perform

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

NOTICE OF INTENT TO PERFORM--INDIVIDUAL

Prepared by, recording requested by

and return to:

Name:

Company:

Address:

City:

State: Zip:

Phone:

Fax:

-------Above this Line for Official Use Only----

NOTICE OF INTENT TO PERFORM--INDIVIDUAL

(Kan. Stat. Ann. § 60-1103b)

I, (name of supplier, subcontractor or contractor) whose address is

do hereby give public notice that I am a supplier, subcontractor or contractor or other person providing materials or labor on property owned by and having the legal description as follows:

[Legal Description of Property]

This the day of ,

Signature

STATE OF KANSAS

COUNTY OF

This instrument was acknowledged to me on (date) by

Notary Public

Print Name:

My commission expires:

Notice of Intent to Perform

Page 1 of 1

What a Notice of Intent to Perform Is and When it Applies

A Notice of Intent to Perform is a written declaration by a contractor, vendor, or obligated party stating that they plan to fulfill contractual duties, cure a default, or commence performance under an agreement. The document sets expectations for timing, scope, and contact information and can be used to pause termination, avoid penalties, or trigger specific contract remedies. It is often used in procurement, construction, service contracts, and commercial leases where the aggrieved party requires formal notice before exercising termination or withholding rights.

Why issuing a clear Notice of Intent to Perform matters

Issuing a timely notice documents intent, creates a record of remedial efforts, and can preserve contractual or statutory rights. A clear notice often prevents escalation to termination or litigation and can alter cure deadlines or dispute-resolution timelines under the contract.

Who typically prepares and receives this notice

The notice is routinely prepared by contractors, subcontractors, suppliers, or their counsel when performance is contested or at risk.

Contractors and subcontractors preparing to cure performance issues and avoid termination or liquidated damages.
Procurement officers and contract managers who must document receipt and respond within contractual cure periods.
Legal counsel advising parties on rights, obligations, and potential dispute-resolution steps.

Recipients should treat the notice as a formal contractual communication and follow contractual response procedures and applicable law.

Required core information to include

Full Legal Name: Party name exactly as on contract

Effective Date: Date the notice is sent

Contract Identifier: Contract number or purchase order

Scope of Performance: Brief description of cure or services

Contact Information: Address, phone, email for notices

Signature Block: Printed name, title, and signature

Step-by-step: drafting a compliant Notice of Intent to Perform

Follow these steps to create a clear, enforceable notice that aligns with contract terms and legal requirements.

01

Identify the contract: Reference the exact contract or PO and clause relevant to cure or performance.
02

State intent clearly: Use concise language: 'Notice of Intent to Perform' and describe actions to cure.
03

Set a timeline: Provide specific dates for commencement and expected completion.
04

Sign and deliver: Have an authorized signer execute and follow contract delivery rules.

Where to send the notice and how it travels

A Notice of Intent to Perform must be delivered according to the contract’s notice clause and any controlling procurement rules.

Contracting Officer: Send to the address or email designated in the contract's notice provision.
Legal Department: Copy in-house counsel when the contract requires written legal communications.
Registered Agent: For corporate parties, use the agent for formal service if required.
Electronic Delivery: Use acknowledged delivery methods per the contract (e-mail with read receipt, certified mail, courier).

Configuring an online workflow for notices

Set up a repeatable e-delivery workflow to ensure consistent issuance and recordkeeping.

Field	Configuration
Notice Template	Upload standard template with locked core fields
Signer Roles	Assign authorized signers and backup signers
Authentication	Use at least email link; consider SMS code or ID verification
Retention	Automatically store signed copy and audit trail

Digital signing and file-handling considerations

Choose a platform that supports legal e-signature frameworks and preserves audit trails.

Authentication Options: Email link, SMS code, KBA
Audit Trail: IP, timestamp, and action log
File Formats: PDF or DOCX preferred

Ensure the chosen solution can export a tamper-evident PDF and retain metadata to meet ESIGN/UETA record reproduction requirements.

Select eSignature vendor comparison for Notice of Intent to Perform workflows

This table compares core pricing and capability points that commonly matter when sending legal notices that require audit trails and potential HIPAA or enterprise controls.

	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 free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Common mistakes to avoid when preparing the notice

Using imprecise contract references or failing to cite the exact clause can render a notice ambiguous and invite a procedural objection.
Omitting the effective date or using inconsistent date formats can create disputes over cure windows and response deadlines.
Sending the notice to the wrong contract contact or via an unauthorized channel may be treated as deficient delivery.
Failing to authorize the signer or lacking a signature block can cause the recipient to refuse acknowledgment of the notice.

Potential risks and consequences of an incorrect notice

Invalid Notice: May be disregarded by the other party

Missed Deadlines: Forfeiture of cure rights or defenses

Contract Breach: Exposure to termination or damages

Financial Penalty: Liquidated damages or withholding

Regulatory Risk: HIPAA or procurement violations possible

Increased Litigation: Higher legal fees and remedies risk

Practical tips for accurate, defensible notices

Adopt consistent templates and follow contract notice clauses to reduce disputes and preserve rights.

Standardize templates and lock core fields

Use a contract-specific template that pre-fills contract identifiers, governing law clauses, and delivery instructions so each notice is consistent and minimizes manual error.

Record delivery and receipt

Document transmission method with receipts, courier tracking, or platform audit logs; maintain copies of inbound acknowledgments and read receipts.

Use clear timelines and milestones

Specify start dates, intermediate milestones, and completion dates to avoid disputes about whether a cure was timely and adequate.

Retain complete supporting evidence

Attach corrective plans, emails, photos, and correspondence to the notice to create a durable record for disputes or audits.

Real-world examples of how notices are used

These scenario cards show typical uses of a Notice of Intent to Perform across sectors.

Construction Cure Notice

A general contractor notifies the owner of defects in installation and proposes a corrective schedule with start and finish dates to avoid contract termination.

The contractor proposes a three-week remediation plan with daily progress reports.
The documented plan and signed receipt by the owner preserved the contractor’s right to cure and avoided costly delay claims by creating a definitive remediation record.

Procurement Service Recovery

A vendor provides a notice after a service outage, outlining corrective actions and a timeline to resume SLA compliance.

The vendor commits to specific staffing and testing steps.
The formal notice triggered the contract’s cure period and led to an agreed remediation addendum rather than immediate termination, limiting financial exposure for both parties.

Typical timelines and response expectations

Timelines depend on contract terms; these are common time frames and expected actions after a notice is delivered.

Immediate Acknowledgment:

Recipient should acknowledge receipt within 24–48 hours when practical

Cure Period:

Common cure windows range from 7 to 30 days depending on contract terms

Start of Remediation:

Curing party should begin work within the period stated in the notice

Progress Reporting:

Interim updates are typically required weekly or at agreed milestones

Escalation:

If uncured, the non-breaching party may pursue termination or damages per contract

Frequently asked questions about Notices of Intent to Perform

Answers to common questions about validity, delivery, and electronic execution of notices.

Need help? Contact support

Can a notice be signed electronically?
Yes. Electronic signatures are generally valid under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted. Ensure the method demonstrates signer intent, provides attribution, and allows record retention for reproduction.
What if the contract requires notarized notices?
If the contract or state law requires notarization, obtain an in-person notary or remote online notarization where allowed. Follow the notary requirements of the applicable state to avoid defective delivery.
Is a receipt required to make the notice effective?
Effectiveness is governed by the contract's notice clause—some specify delivery methods or receipt rules. If the clause requires actual receipt, obtain acknowledgement; if it uses deemed delivery (e.g., mailed by certified post), follow that procedure.
Who must sign the notice?
An authorized representative with authority under the contract should sign. For corporations, that typically means an officer or delegated agent; for sole proprietors, the owner. Lack of authority can render the notice defective.
Can the notice be withdrawn or revised?
Yes, a party may send a revised or withdrawn notice, but both parties should document the change. Withdrawal does not erase prior events or toll statutory periods unless the recipient agrees.
What to do if the recipient disputes the notice?
Preserve all records, engage contract counsel, and follow contractual dispute-resolution provisions. Promptly provide supporting evidence of remediation efforts and seek an agreed resolution to avoid escalation.

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