Written notice: Overview, definition, and example
What is written notice?
Written notice refers to a formal communication method specified in a contract that requires parties to send information, updates, or notifications in writing. This provision ensures that important messages, such as contract changes, termination, or disputes, are properly documented and delivered through approved means, such as email, postal mail, or courier.
For example, a contract might require a party to provide written notice at least 30 days before terminating the agreement, ensuring the other party has sufficient time to prepare.
Why is written notice important?
Written notice is important because it establishes a clear and reliable way to communicate significant contractual matters. It protects both parties by creating a documented record of notifications, reducing the risk of misunderstandings or disputes. For SMBs, written notice provisions ensure accountability and clarity, especially when dealing with time-sensitive or high-stakes issues like termination, breach notifications, or amendments.
Including a written notice clause also specifies acceptable communication methods and delivery timelines, ensuring both parties are aligned on how notifications are sent and received.
Understanding written notice through an example
Imagine a landlord and tenant enter into a lease agreement. The contract states that the tenant must provide 60 days’ written notice before vacating the property. If the tenant decides to move out, they must send a formal letter or email to the landlord in compliance with this clause to avoid penalties.
In another scenario, a supplier agreement includes a clause requiring written notice for price changes. If the supplier plans to increase prices, they must send a written notice to the buyer 30 days in advance, giving the buyer time to adjust their plans or negotiate terms.
An example of a written notice clause
Here’s how a written notice clause might appear in a contract:
“All notices, requests, and communications required or permitted under this Agreement shall be in writing and delivered to the respective parties at their addresses set forth in this Agreement, either by hand delivery, certified mail, courier service, or electronic mail. Notices shall be deemed received: (i) upon delivery, if delivered by hand or courier; (ii) three business days after mailing, if sent by certified mail; or (iii) upon confirmation of receipt, if sent by electronic mail.”
Conclusion
A written notice clause provides a structured and reliable method for communicating important contractual matters. It ensures both parties are informed, protects against disputes, and establishes a clear record of notifications. For SMBs, this clause is essential for maintaining accountability, transparency, and smooth communication, particularly when dealing with time-sensitive or high-impact issues.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.