Commenced
Past tense of commence; confirms that an action, proceeding, or performance period has already begun; important in determining whether contractual deadlines have been triggered.
While straightforward in theory, many businesses fail to actively track obligations tied to this concept - often resulting in missed deadlines, unintended renewals, penalties, or loss of contractual rights.
US Law · For business owners and foundersWhat is a Commenced?
Commenced is the past tense of commence and confirms that an action, proceeding, performance period, or contractual obligation has already begun. When a contract states that something has "commenced," it means the clock is ticking on deadlines, performance periods, and time-based obligations.
In contract disputes, the question of whether something has "commenced" is often crucial. For example, has the warranty period commenced? Has the performance period commenced? Has the indemnification period commenced? The answer determines whether the deadline for filing a claim or completing performance is still running.
In litigation, commencement of a lawsuit is the date the suit is filed and served. In construction, commencement of work is the date work begins. The precise date of commencement can be the subject of detailed dispute.
In practice, many teams rely on a contract expiry tracking system to stay on top of dates and obligations tied to clauses like this.
Key Elements
Finality of Commencement
Once an action has "commenced," the event has occurred and is in the past. There is no ambiguity - the clock has started.Proof of Commencement
The party asserting that something has "commenced" may need to prove it - date of execution, date of first performance, date work began, etc.Deadlines Flow from Commencement
Once commencement is established, all time-based obligations are measured from that date. This is especially important for statute-of-limitations issues.Retroactive Application Possible
A contract can state that something "has commenced" retroactively - meaning the performance or obligation began on a past date, not the execution date.Real-World Example
A warranty states "The warranty has commenced as of the delivery date of the product and shall last for 24 months from the commencement date." The product was delivered on January 15, 2025. The customer discovers a defect on December 1, 2026. The customer claims the defect is within the warranty period and demands replacement.
The warranty commenced on January 15, 2025 (the delivery date). The 24-month period ends January 15, 2027. The defect discovered December 1, 2026 is still within the warranty period. The claim is timely.
This is why many businesses adopt automated deadline tracking to ensure no critical dates are missed before they pass.
Sample Clause Language
Commencement of WarrantyWatch Out For
Disputes over when something "commenced" can delay claims
If a party disputes when a warranty or indemnity "commenced," it may delay the filing of claims or defect notices. Ensure the commencement date is clear.Failure to timely assert rights after commencement can result in waiver
If the party knew something had commenced but waited too long to file a claim, a court may find the claim was waived or barred by laches (unreasonable delay).Retroactive commencement dates can be challenged
If one party asserts that something "has commenced" retroactively, the other party may contest whether the retroactive date is reasonable or supported by evidence.Don't let commenced deadlines catch you off guard
Key dates tied to commenceds - renewal windows, expiry cutoffs, notice periods - can easily slip through the cracks when tracked manually. Missing them triggers automatic extensions, penalties, or lost rights. ExpiryEdge tracks every critical deadline and sends automated reminders before they're due - so nothing slips.
Instead of relying on spreadsheets or manual follow-ups, a centralized renewal reminder system ensures every deadline is visible, tracked, and actioned automatically.
How to Use This in Your Favor
Document the commencement date with evidence
Keep records (delivery receipts, work logs, email confirmations) showing exactly when commencement occurred. This protects you if commencement is later disputed.Distinguish between "commence" and "commenced" in contract language
Use "shall commence" for future actions and "has commenced" only when confirming a past event. Mixing tenses creates ambiguity.Related Terms
Frequently Asked Questions
If the contract says the warranty "has commenced" but I never received a delivery confirmation, what date do I use?
Challenge the commencement date and require proof. The party asserting commencement bears the burden of proving when it occurred. If there is no clear evidence, you may contest the claimed commencement date.
Can the other party change the "commenced" date after the contract is signed?
Generally no. Once a contract is signed, the commencement date is fixed unless both parties agree to an amendment. Unilateral changes to the commencement date are a breach.