Cure notice: the written warning a broker or agency sends before ending a ride contract for default

What does a cure notice say?

A cure notice names the failure, sets a deadline to fix it, and says the buyer may terminate for default if you do not. The federal sample in FAR 49.607 says the government considers a stated failure a condition endangering performance, gives 10 days after receipt, and names the default clause that allows termination.

It is not a termination and it is not a fine. It also differs from two other documents you may receive:

• A show cause notice, which tells you the government is considering termination and gives you 10 days to explain in writing why the failure was beyond your control. Silence may be taken as an admission that no excuse exists.
• A corrective action plan, which is what you write back, or what a broker asks you to write. The corrective action plan entry covers its contents.

How does the federal 10 day rule work?

The 10 days run from the day you receive the notice, and they apply to failures other than a missed date. The pieces fit together this way:

• The clause. Under FAR 52.249-8(a)(2), the government may terminate for failing to make progress or to perform other provisions only if you do not cure within 10 days, or longer if the contracting officer allows it in writing, after receiving a notice that specifies the failure.
• The procedure. FAR 49.402-3(d) requires written notice and at least 10 days. When the period ends, the contracting officer may issue a termination for default unless the failure has been cured. An administrative contracting officer needs the contracting office’s approval before sending a cure or show cause notice.
• No notice for a missed date. If you fail to deliver or perform by the date in the contract, no advance notice is required before termination, though the contracting officer should send a show cause notice when practical (FAR 49.402-3(c) and (e)).
• Small business copy. For a small business contractor, the contracting officer must send a copy of any cure or show cause notice to the small business specialist and the nearest SBA Area Office.
• An excuse. A failure caused by events beyond your control and without your fault or negligence is treated differently. See force majeure.

The FAR overhaul text published on acquisition.gov keeps the same 10 day cure period in 49.402-3(d) and in the default clause. Buyers outside the federal government write their own periods, below.

What do ride contracts give you before termination?

They vary from none to 10 days. Compare these four:

• WellTrans (Indiana, revised October 16, 2025). For a material breach, either party may end the agreement on 30 days’ notice, but only after written notice that describes the breach and gives ten days to cure.
• Monroe County, Florida (agreement posted for its September 9, 2026 meeting). For a curable default, the county sends written notice by registered or certified mail, and you must correct the default, or begin correcting it, within three calendar days. If it is not remedied to the county’s satisfaction, all legal remedies are open, including termination. A default the county judges uncurable, in its sole discretion, allows termination at once on written notice.
• MTM (standard agreement, 01.01.2023). MTM may terminate immediately if you fail to perform or otherwise breach. Section 14.D lists no cure period. Section 7 separately describes a performance improvement plan process and corrective action plans.
• Georgia (state manual, October 1, 2026). The state tells its broker to end a transportation provider’s agreement when poor performance is found or the provider fails to take satisfactory corrective action in the required time. The provider has 15 calendar days after written notice of termination to ask for a review, and a request made later waives the right. The Georgia guide covers the program.

The corrective action plan template lists the triggers and deadlines other brokers and plans use. For the dollars that can follow a failure, see broker penalties.

How do you answer a cure notice?

Reply in writing, inside the deadline, even if you disagree.

1. Write down when it arrived and when it is due. Federal periods run from receipt. A mailed notice may count from a different day: MTM’s agreement treats certified mail as served on the third mail delivery date after mailing, and a courier notice as delivered on the day it arrives or is refused.
2. State the facts and the cause. Say what happened, why, and what you changed. Skip argument that does not bear on the failure named.
3. Fix it, then prove it. Attach proof of each fix: a renewed credential, a signed roster, a revised policy, a trip log.
4. Ask for more time in writing before the deadline if the fix takes longer. The federal clause allows more than 10 days when the contracting officer authorizes it in writing.
5. Keep the notice, your reply and the proof together, with the tracking record for anything mailed.

What counts as cured?

The buyer decides, so give it something checkable. In federal contracts the contracting officer decides at the end of the period whether the failure has been cured. Monroe County’s agreement says the default must be remedied to the county’s satisfaction and approval. A few examples of evidence that fits each problem:

• A lapsed insurance certificate: the current certificate on file, with its dates.
• Missing driver file documents: the documents delivered, listed by driver and date.
• Late pickups: an on-time record that runs back above the contract’s standard for the period the notice names.

For the last one, HealthRide’s trip log report lists every leg with its scheduled and actual times and its on-time performance, and exports to a PDF you can attach to your reply.