---
id: KB-TZ-012
url: https://app.codecontract.io/help/traceability-and-compliance/giving-notice-in-time-and-proving-it
idioma: en
categoria: trazabilidad
audiencia: usuario
nivel: intermedio
actualizado: 2026-08-13
tambienEn: [es]
relacionados: [KB-TZ-004, KB-TZ-010]
citadoPor: [KB-CC-013, KB-SC-014, KB-TZ-015]
---

# Giving notice in time and proving it

_A notice period, a claim or a time-bound communication. What counts is not sending it: it is proving it._

**Responde a:** how to prove i sent a notice · recorded communication without registered post · proving i gave notice before the deadline · notification with proof of delivery

Some communications only count if they arrive in time: notice of non-renewal, a claim over a defect, notification of an incident. And in all of them, the one who must prove notice was given is you, not the other party claiming they never heard.

## What you must be able to prove

| Element | Why it matters |
| --- | --- |
| What you sent | The exact content, not "I told them that…" |
| When | The only thing the deadline argument turns on |
| To whom | That it was the right recipient, not a generic mailbox |
| And that it arrived | Delivered, and where possible, opened |

> [!IMPORTANT]
> The third defeats the most claims. A notice sent to an obsolete contact address or a general mailbox can be treated as not given, even with proof that it left.

## How to do it

1. **Check the recipient before sending** — The contract usually says to whom and how notice must be given. That is where to look.
2. **Send with a record, not a loose email** — Keep evidence of sending, delivery and, where the channel allows, opening.
3. **Certify the content sent** — It fixes exactly what the document you sent said on that date.
4. **And keep it in the relationship's file** — Not in the sender's inbox, which is where it eventually disappears.

> [!WARNING]
> If the contract requires a specific form (recorded post, a specific address), that form governs. A channel with a better trail does not replace what was agreed: use it **as well**, not instead.

## When the deadline is tight

**En corto**

- Send by two routes if there is little margin: it counts as two actions and avoids missing the deadline.
- Do not wait for the perfect wording if time is running out: a correct, brief notice in time beats an impeccable one out of time.
- And record it the same day, not when the matter closes.

> [!NOTE]
> The resulting evidence is useful even when there is never a dispute: in many relationships the mere existence of the record changes the conversation, because the other side knows there is no ambiguity about what was said and when.

**Is an ordinary email enough?**

It can be, but proving delivery is harder. With send and delivery records, much better.

**What if the recipient never opens it?**

Delivered and unopened usually suffices; not opening is not a defence.

**Does a text message count?**

As a supplement yes; for formal notice, follow the contract.

## Ejemplos

**A company sends non-renewal notice to the usual email and the supplier denies receiving it.**

- Checks in the contract who notice must go to
- Sends with delivery tracking and certifies the content

→ The next notice is indisputable: content, date, correct recipient and delivery all on record.

**A warning goes out and there is no record of when.**

- Sends it through a dated channel

→ The moment of warning is demonstrable.

**A warning comes late and there is a dispute over whether there was time.**

- Checks the warning's recorded date

→ The dispute closes on the figure.

**The warning reaches somebody who could not act.**

- Checks the recipient before sending

→ The warning proves something useful.

**Warnings go out several times and only the last is on record.**

- Records each warning with its date

→ The chasing is documented.

**The other side says the warning was not clear.**

- Keeps the exact text sent

→ What was communicated can be read.