Traceability and compliance
Proving you gave notice in time
The commonest argument, and the easiest to close if the notice went out through here.
"You never told us" is the sentence that starts more commercial disputes than any other. And it is one of the few that can be closed with a fact instead of a conversation.
The three levels of proof
| Level | What it proves | Strength |
|---|---|---|
| It was sent | That it left here, to that address, that day | Medium: does not prove arrival |
| It was delivered | That the recipient's server accepted it | High |
| It was opened | That someone opened it, and when | Very high |
The jump from the first to the third is what changes the conversation. "I sent it to you" invites a reply; "it was opened on the 4th at 10:12" does not.
Important
Being opened does not prove it was read or understood. It is a strong fact, not proof of agreement: for that you need a reply or a signature.
When to ask for a signature instead of giving notice
If what you are communicating has consequences — a change of terms, a cost overrun, a deadline — a notice is not enough. Send it for signature: the difference between "I told you" and "you accepted" is everything.
Watch out
An email from your personal inbox leaves none of this trail. If the notice matters, send it through the case.
Worth knowing
In a dispute, what carries most weight is usually the dullest thing: the open record on a notice, not the thirty-page contract.
›Do I know who opened it with several recipients?
It is recorded per recipient.
›What if they opened it and say it was not them?
That is where having asked for a signature with a phone code helps.
›How long is that record kept?
According to your retention policy.
A real case
The situation
A client disputes a cost overrun claiming they were never told.
What you do
- The notice record is retrieved
- It shows the notice was opened the day after sending
What you get
The claim is withdrawn; next time that kind of communication is sent for signature, not as a notice.
The situation
A warning was given by phone and there is no record.
What you do
- Sends the warning through a channel that leaves a trail
What you get
The warning stops depending on two memories.
The situation
The other side says the warning never arrived.
What you do
- Checks the date and delivery status
What you get
It is on record when it was communicated.
The situation
A warning goes out and later there is a dispute over what was said.
What you do
- Keeps the exact text of the warning
What you get
What was communicated is demonstrable.
The situation
It must be proved that warning was given before a date.
What you do
- Checks the send log
What you get
The warning's date is beyond dispute.
The situation
The warning goes to the wrong recipient.
What you do
- Checks the recipient before sending
What you get
The warning proves something useful.
This article answers
- prove i sent a notice
- the client says we never told them
- proof of sending and reading
- email delivery receipt