What is it?
This term functions as a status descriptor within contract law, specifically governing the failure of performance obligations outlined in agreements or statutes.
Quick answer
Unremedied usually means a problem or breach that hasn't been fixed. In contracts, it matters because it often triggers your right to sue for damages. Before signing, check exactly what constitutes 'cure' under the agreement.
Definitions
Legal Definition
An unremedied issue means a problem, breach, or violation that remains outstanding without any corrective action taken by the responsible party. This status triggers specific rights for injured parties, such as the right to sue or seek damages under contract law. Courts often examine whether the failure to cure constitutes a material breach versus a minor default.
Plain-English Translation
If you promise to mow the lawn but never do it and don't apologize, that’s an unremedied problem. The other person can then complain about the missed chore.
Contract relevance
Ignoring this concept risks losing your right to claim damages or invoking an immediate default clause under UCC § 3-108. The non-performing party bears the liability risk.
Document context
| Document type | Section | Why it matters |
|---|---|---|
| Service Agreement | Breach/Remedy Clause | Defines when a failure becomes actionable. |
| Purchase Order | Acceptance Criteria Section | Specifies if a defect remains after inspection. |
| Lease Contract | Default Provisions | Determines if non-payment or property damage is cured. |
| Settlement Agreement | Obligations List | Confirms which agreed-upon issues remain outstanding. |
| Statutory Filing | Compliance Checklist | Indicates violations that government agencies have not corrected. |
Contract language
| Contract wording | Plain-English meaning | What to check |
|---|---|---|
| Failure to cure within thirty (30) days | The problem stays active past the deadline. | Ensure the timeline is reasonable for the issue's complexity. |
| Unremedied default | A broken promise that hasn't been fixed yet. | Verify if this triggers immediate termination rights or just a right to sue. |
| Outstanding deficiency | A missing requirement that remains unresolved. | Look for definitions detailing what qualifies as a 'deficiency.' |
| Non-cured breach | The violation persists after the cure period expires. | Check if the contract distinguishes between minor and major unremedied breaches. |
Red flags
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
Does the contract define 'cure' specifically?
Is there a fixed timeline (e.g., 30 days) for remedying issues?
What happens if the cure period expires without action?
Are remedies automatic, or must you formally request them?
Does the definition cover both performance failures and quality defects?
Can a minor issue still be deemed 'unremedied' despite being technically fixed?
Party impact
| Party | What this party should check |
|---|---|
| Seller/Contractor | Check if their obligations are clearly defined so they know what to fix. |
| Buyer/Client | Ensure the contract sets clear standards for acceptance and remedy timelines. |
| Lender | Confirm that borrower defaults are categorized correctly (minor vs. material). |
| Tenant | Verify that landlord repairs must be completed within stated cure periods. |
Comparison
| Related term | Plain meaning | Main difference from unremedied |
|---|---|---|
| Material Breach | A severe, unremedied failure that fundamentally undermines the contract's purpose. | An unremedied issue can be minor; a material breach is always serious. |
| Waived/Released Issue | A problem that was acknowledged but formally dismissed by the other party. | If it’s waived, it stops being an active concern; if it’s unremedied, it waits for action. |
| Default | The general state of failing to perform. | 'Unremedied' is a specific *type* of default that hasn't been fixed yet. |
Missing or vague
If the term lacks definition, parties may argue over whether the issue was truly 'fixed.'
Disputes often arise around whether simple inspection satisfies the requirement—was it repaired, or just covered up?
Furthermore, ambiguity can lead to arguments over *when* the unremedied status officially begins.
This vagueness leaves you vulnerable when filing a lawsuit in small claims court or before an arbitrator.
Document map
| Contract section | What to inspect |
|---|---|
| Definitions Section | Look for the precise contractual definition of 'Unremedied' or 'Cure'. |
| Breach/Remedy Clause | This section dictates the consequences once an issue is labeled unremedied. |
| Warranties/Acceptance Terms | Inspect this to see what level of performance triggers the unremedied status (e.g. |
| Termination Provisions | Review these to see if a specified number of unremedied issues allows for immediate termination. |
Visual model
Landlord fails to fix the leaky roof after 14 days; the issue remains unremedied, allowing tenants to withhold rent.
Borrower misses a payment deadline on a commercial loan; that delinquency is unremedied until a cure plan is submitted.
Franchisor ignores trademark infringement claims for six months; the violation becomes unremedied, strengthening franchisee litigation power.
Document context
This term functions as a status descriptor within contract law, specifically governing the failure of performance obligations outlined in agreements or statutes.
Ignoring this concept risks losing your right to claim damages or invoking an immediate default clause under UCC § 3-108. The non-performing party bears the liability risk.
This status crystallizes when a required action deadline passes, or within 30 days of written notice demanding cure from the obligor.
You see this term frequently in breach notices filed under Article 2 UCC contracts and throughout commercial lease agreements.
The breaching party is the one failing to fix the issue, while the non-breaching creditor gains the right to sue or terminate the agreement.
First, a violation occurs; then, notice must be provided detailing the defect. Within that specified period, the defaulting party must take steps to cure it; if they fail, the breach becomes unremedied.
Wikipedia
Open Wikipedia for broader background on unremedied.
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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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