Posted by Kevin Brady on Fri 5th February 2010 at 01:57 PM, Filed in Project ManagementProject /Programme FailuresLegalsIndustry News

I just read this morning of a land mark legal case between BSkyB and EDS which is set to change the way IT Projects are run in the future.

The Technology and Construction Court found in favour of BSKYB following the company’s five-year battle with EDS over a failed customer relationship management (CRM) system. The case is the most expensive legal dispute in the history of the IT Industry, costing both sides an estimated £40m each. I have to say with 70% IT Project failure rates (please see CHAOS survey ) it is a surprise we have not seen a case like this earlier. It is extremely rare for an IT supplier to be accused of fraudulent misrepresentation and even rarer for a supplier to be found guilty of it. Make no mistake this is a landmark decision which in my view will give rise to   suppliers reviewing sales techniques (no longer will project managers be a salesman’s flunky), contractual arrangements and what is presented to customers in terms of their capabilities, services and products. Oversell and a supplier’s days could be numbered.

Read more...

Posted by Kevin Brady on Tue 25th August 2009 at 11:34 PM, Filed in Document Templates & ToolsLegals

    Related Articles

What is this?

This is a tried and tested bespoke software services contract. This contract contains the following list of key clauses:-

1. Conditions Precedent/Term and Services
3. Specification of Requirements
4. Obligations of Software Vendor
5. Acceptance Testing
6. Obligations of Client
7. Price and Payment
8. Software Warrenty
9. Data Protection and Content
10. General Intellectual Property Rights and Licence
11. Background Intellectual Property and Licence
12. Foreground Intellectual Property and Licence
13. Residuals Clause
14. Intellectual Property Indemnity
15. Client Warranties
16. Software Vendor Warranties
17. Indemnity
18. Liability
19. Insurance
20. Project Management
21. Sub-Contractors
22. Termination
23. Change Control
24. Force Majeure
25. Confidentiality
26. Dispute Resolution
27. Survival
28. Assignment and Third Parties
29. Entire Agreement
30. Waiver
31. Severability
32. Variation
33. Successors
34. Relationship
35. Governing Law

Schedule 1 Statement of Work
Schedule 2 Change Control Procedure

Read more...

Posted by Kevin Brady on Tue 11th August 2009 at 11:25 PM, Filed in Document Templates & ToolsLegals

    Related Articles

What is this?

The attached download is a tried and tested simply software services contract. This contract contains the following list of key clauses:-

1. Statement of Work

• Statement of Requirements
• Obligations of Software Vendor
• Acceptance Tests
• Acceptance Criteria
• Third party License Costs
• Key Personnel
• Client Dependencies
• Change & Charges

2. Agreement

• Definitions
• Fees & Expenses
• Orders & Obligations of the Client
• Acceptance
• Payment
• Retention of Title
• Intellectual Property
• Commencement & Termination
• Confidentiality & Solicitation of Staff
• Warranty
• Force Majeure
• Liability
• Changes to order or Specifications
• General

Read more...

Posted by Kevin Brady on Tue 4th August 2009 at 10:51 PM, Filed in Document Templates & ToolsLegals

    Related Articles

There are several types of contracts typically used to engage software development vendors /suppliers:-

Firm Fixed Price

A firm fixed price (FFP) contract is used most often. Another name for this contract is lump sum. This type of contract, the supplier agrees to furnish supplies or services at a specified price that is not subject to adjustment because of performance costs. This type of contract is best suited when reasonably definite production specifications are available and costs are relatively certain. The seller bears the greatest degree of risk in this contract type and may therefore pad their price for contingencies that may occur during the project. In this situation, the seller is motivated to decrease costs by producing efficiently because regardless of what that costs are, the seller receives the agreed upon amount. As a consequence, the seller should place emphasis on controlling costs.

Read more...

Posted by Kevin Brady on Tue 28th July 2009 at 10:34 PM, Filed in Document Templates & ToolsLegals

    Related Articles

What is this?

The attached is a tried and tested web services contract. This contract contains the following list of key clauses:-

1. Conditions Precedent/Term and Services
3. Specification of Requirements
4. Obligations of Software Vendor
5. Acceptance Testing
6. Obligations of Client
7. Price and Payment
8. Software Warranty
9. Data Protection and Content
10. General Intellectual Property Rights and Licence
11. Background Intellectual Property and Licence
12. Foreground Intellectual Property and Licence
13. Residuals Clause
14. Intellectual Property Indemnity
15. Client Warranties
16. Software Vendor Warranties
17. Indemnity
18. Liability
19. Insurance
20. Project Management
21. Sub-Contractors
22. Termination
23. Change Control
24. Force Majeure
25. Confidentiality
26. Dispute Resolution
27. Survival
28. Assignment and Third Parties
29. Entire Agreement
30. Waiver
31. Severability
32. Variation
33. Successors
34. Relationship
35. Governing Law

Schedule 1 Statement of Work
Schedule 2 Change Control Procedure
Schedule 3 Rate Card

Read more...

Page 1 of 2 pages Next Page

 1 2 >