Litigation is the pursuit of practical ends, not a game of chess. Felix Frankfurter
Contracts don’t always work out and you don’t always get what you pay for. Disputes may arise because of failure to deliver or because both sides cannot agree on what the contract outputs should be. Failing technology contracts in both the public and private sectors are often the subject of media headlines..
In "Runaway Projects", KPMG reported that 83% of the companies surveyed had experienced runaway projects to some level meaning IT projects that had not met contracted outputs and objectives and that 1 in 5 of these had reached a formal dispute stage.
The key causes of project failures and overruns are lack of adequate specification of project objectives, poor and incomplete planning, cost assumptions and budgeting and lack of technical knowledge by clients who may also have incomplete or insufficient information from vendors.
It need not and does not always end up in court and in the interests of ongoing business relationships it maybe better, in any case, to reach an amicable solution. Obviously the first port of call, should be expert legal advice. But all cases and disputes need information and evidence.
And an expert interpreter – advice that speaks both business and technical. For IT contracts there’s often the need to explain technology in terms that everyone can understand and it’s crucial to have the expertise to research and interpret the technical specifications that are key to reaching a helpful outcome that moves everyone forward.
The difference between
deadlock and resolution
At Trevaskis we have the detailed technical knowledge and communication skills to provide evidence or expert reports in technology disputes and help make the difference between deadlock and resolution.
We work with legal advisers and law firms on:
Analysis of IT contracts and project implementation history to identify failures and causes
Dispute resolution and litigation including Alternative Dispute Resolution
(Arbitration, Mediation or Expert Determination)