Here is a model of formal notice in terms of contractual liability. This is a case of a gentleman who hired an earthmoving company to carry out work in his yard, which fails to comply with its contractual obligations.
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Montreal, August 1, 2017
SUBJECT TO ALL RESERVATIONS
By registered mail
Mr. X
XYZ Earthworks
123 Blvd. ABC
Montreal (QC) H0H 0H0
Subject: Your name c. XYZ earthworks
N/A: JL-1234
V/D: Contract number
Dear Mr. X,
We are the attorneys of Mr. Y, who has entrusted us with the mandate to send you this formal notice.
It appears from the information we have that on or about June 1, 2017, an agreement was reached between your company and our client regarding the execution of work.
Although the execution of this work began on June 5, 2017, the work that was to be carried out in the backyard of the land belonging to our client is still not completed, despite the fact that twelve (8) weeks have elapsed since the beginning of the work.
Considering the above, you are hereby formally put on notice to carry out or have carried out all the work you have undertaken to do under the agreement of June 1, 2017, all in accordance with the customs and rules of the art.
If you fail to comply with the foregoing by 6 p.m. on August 15, 2017 at 6 p.m., please be informed that our client will have the work carried out by another company and that he will claim the cost in court from XYZ Terrassement., in addition to all the damages he has suffered through your fault and subject to all his other rights and remedies.
Please act accordingly.
________________________
Me Jimmy Ernst Jr Laguë Lambert, lawyer
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