What is it?
Unremedied is a condition precedent in contract law that governs when a breach becomes material enough to trigger termination or other remedies. It controls the transition from curable to incurable violations.
unremedied
Contract LawLegal glossary term
Quick answer
Unremedied usually means a defect or breach not fixed within a specified time. In contracts, it matters because it can trigger termination or liability. Before signing, check the cure period and notice requirements.
Definitions
What is unremedied?
Legal Definition
A defect or breach that remains unfixed after the agreed-upon cure period. Failure to address such issues gives the non-breaching party the right to terminate the contract or seek damages. The critical distinction is whether the breaching party had reasonable notice and opportunity to correct the deficiency before enforcement.
Plain-English Translation
Like forgetting to return a library book before the due date without asking for an extension. The longer it goes unremedied, the more severe the consequences become.
Contract relevance
Why unremedied matters in contracts
Ignoring an unremedied breach risks automatic termination of the contract and liability for damages. The breaching party bears this risk by failing to address deficiencies within the cure period.
Document context
Where unremedied appears in documents
| Document type | Section | Why it matters |
|---|---|---|
| Supply agreements | Remedies clause | Defines consequences for failure to cure defective deliveries |
| Construction contracts | Warranty section | Triggers right to repair or terminate for defective work |
| Service level agreements | Performance obligations | Basis for terminating service for unremedied failures |
| Franchise agreements | Operating standards | Allows termination for uncorrected violations |
| Lease agreements | Maintenance provisions | Grounds for lease termination if repairs aren't made |
| Regulatory filings | Compliance sections | Determines penalties for unremedied violations |
Contract language
Common contract wording
| Contract wording | Plain-English meaning | What to check |
|---|---|---|
| Any breach of this Agreement shall be deemed unremedied if not cured within 30 days" | If a problem isn't fixed within 30 days, it's considered serious | Confirm the timeframe is reasonable for the type of breach |
| Failure to remedy material defects within the cure period constitutes irremediable breach" | Not fixing important issues in time allows contract termination | Verify what constitutes a "material defect" |
| If the breach remains unremedied after notice, the non-breaching party may terminate" | If the problem persists after being notified, the other party can end the contract | Check what notice procedures are required |
Red flags
Red flags to watch for
Wording examples
Clearer wording examples
Vague wording
Any unremedied breach"
Clearer wording
"Any material breach not cured within 30 days of written notice
Vague wording
Deemed unremedied if not corrected"
Clearer wording
"Deemed material if not corrected within 15 business days of notice
Vague wording
Breach remains unremedied"
Clearer wording
"Breach not cured within the specified cure period
Note: “clearer” means easier to read — not legally reviewed or guaranteed safe.
Pre-signature checklist
What to check before signing
1
Confirm the cure period is reasonable for the type of breach
2
Verify what constitutes a "material" breach requiring remedy
3
Check if written notice is required before the cure period begins
4
Determine if automatic termination occurs or if discretion is involved
5
Identify any extensions or cure periods for repeated issues
6
Ensure the remedy matches the severity of potential breaches
7
Review whether third-party approval is needed for certain remedies
8
Check if insurance covers costs related to unremedied breaches
Party impact
How unremedied affects each party
| Party | What this party should check |
|---|---|
| Supplier | Verify cure period is sufficient to address manufacturing defects |
| Client | Confirm notice requirements are reasonable and not overly burdensome |
| Landlord | Check that repair timelines align with legal notice periods |
| Tenant | Ensure maintenance obligations have reasonable cure periods |
| Franchisor | Verify standards are objectively measurable with clear remedies |
| Franchisee | Confirm right to cure before termination for standard violations |
Comparison
unremedied vs similar terms
| Related term | Plain meaning | Main difference from unremedied |
|---|---|---|
| Cure period | Time allowed to fix a breach | Timeframe before something becomes "unremedied" |
| Material breach | Significant violation of contract | Not all breaches become "unremedied" if minor |
| Waiver | Giving up a known right | Opposite of "unremedied" which requires enforcement |
| Irremediable | Cannot be fixed regardless of effort | More severe than "unremedied" which could be fixed |
| Termination for cause | Ending contract due to breach | Consequence of something remaining "unremedied" |
| Anticipatory repudiation | Clear indication of future breach | Different from "unremedied" which relates to current issues |
Missing or vague
If unremedied is missing or vague
Contracts without clear "unremedied" language create uncertainty about when a breach becomes serious enough to trigger termination.
Parties may disagree about whether adequate time was given to fix issues, leading to disputes over contract enforcement.
Without defined cure periods, the non-breaching party may either delay taking action or overreact to minor defects.
Vague language can result in costly litigation to determine whether a breach was properly deemed unremedied.
The absence of specific standards may lead to one party exploiting perceived ambiguities to avoid performance obligations.
Document map
Document section map
| Contract section | What to inspect |
|---|---|
| Definitions | Confirm precise meaning of "material breach" and "remedy" |
| Remedies clause | Identify cure periods and notice requirements for different breach types |
| Termination section | Check conditions under which unremedied breaches allow termination |
| Warranties | Examine warranty periods and procedures for reporting defects |
| Service level agreements | Review performance metrics and remedies for unmet standards |
| Indemnification | Determine if unremedied breaches affect indemnification obligations |
| Governing law | Confirm state laws affecting interpretation of unremedied breaches |
| Dispute resolution | Specify procedures for resolving disputes over unremedied issues |
Visual model
Understand unremedied fast
An explainer image has not been generated for this term yet.
01
Contractor | Failure to correct defective work within 14 days of written notice | Owner terminates contract and hires replacement at contractor's expense
02
Software vendor | Persistent bugs causing system crashes after 30-day cure period | Client terminates agreement without penalty and seeks alternative provider
03
Franchisee | Repeated violations of brand standards despite warnings | Franchisor terminates franchise agreement and reclaims territory
Document context
How unremedied shows up in legal documents
Why does it matter?
Ignoring an unremedied breach risks automatic termination of the contract and liability for damages. The breaching party bears this risk by failing to address deficiencies within the cure period.
When does it matter?
When a material breach occurs and the affected party provides written notice of the defect, the clock starts on the cure period. Within 30 days of receiving notice (or as contractually specified), the breaching party must remedy the issue or face enforcement action.
Where is it usually seen?
Standard in supply agreements, construction contracts, and service level agreements as a condition precedent to termination. Also appears in regulatory contexts where violations must be remedied within specified periods to avoid penalties.
Who is affected?
The non-breaching party gains the right to terminate or seek specific performance if defects remain unremedied. The breaching party risks forfeiture of fees, termination of business relationship, and potential litigation costs if they fail to cure deficiencies within the specified timeframe.
How does it work?
First, a material breach or defect must occur that triggers the remedy provision. Then, the non-breaching party must provide written notice specifying the deficiency and a reasonable cure period. If the issue remains unremedied after this period, the affected party may enforce termination or other contractual remedies without further notice.
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Wikipedia
External reference for unremedied
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Where unremedied connects to real contract work
This layer links the term to nearby glossary entries, document use cases, and contract-risk guides so readers can move from definition to context without dead ends.
Glossary
Use Cases
Purchase Order (PO)
Finance & Sales: A purchase order is a contract. Its terms govern your delivery, payment, and liability.
NDA
Legal & Corporate: Signing an NDA is easy. Understanding what you just agreed never to say is harder.
Terms of Service (ToS)
Technology & IT Contracts: You clicked "I agree." Do you know what you agreed to?
Source & disclosure
This page is an AI-assisted plain-English explanation based on LexPredict Legal Dictionary context and contract-review patterns. It is not legal advice. Meaning may vary by jurisdiction, industry, and exact clause wording.
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