I don't know exactly what you were going for, but that certainly isn't necessarily fraud.

Fraud is a tort (or a crime). Violating a contract is just that, a violation of a contract. The penalty for violating a contract (intentionally or not) is generally just the requirement to put a party into the position it would have been in if the parties did not enter into the contract. The penalty for fraud often involves a punitive measure designed to stop parties from committing those acts.