Contracts specify how notice is given, and courts enforce those provisions strictly where they are conditions to a right.
Method. Personal delivery, overnight courier, certified mail, and increasingly email. Where a clause lists methods, using another one risks ineffectiveness. Where email is permitted, check whether it requires confirmation or a follow-up hard copy.
Address. As stated, including copies to counsel. A notice sent to the counterparty’s operational contact rather than to the address in the notice clause is the most common failure. Address changes must be given by notice under the clause.
Timing and deemed receipt. Contracts commonly deem notice received a stated number of days after dispatch or on confirmed delivery. That deemed date, not actual receipt, usually governs a deadline.
Content. Where the clause requires the notice to specify the breach and the required cure, a general complaint is insufficient. Termination notices should identify the provision relied on, the facts, and the effective date.
Sequencing. Default notice, cure period, then termination notice. Combining them into a single letter defeats the cure right and, with it, the termination.
Records. Keep the courier receipt, the delivery confirmation and a copy of exactly what was sent, including enclosures.