The ever growing use of information technology (IT) by businesses of all sizes has inevitably brought with it the potential for a plethora of disputes to arise between sellers (or resellers) and purchasers/end users of hardware and software, most commonly as a result of:
- disagreements over the scope of what was to be supplied and/or the level of functionality to be delivered;
- delay in the delivery, whether due to the supplier taking longer than anticipated to deliver the project/the required functionality or the end user changing its requirements (scope creep) mid-project / being late in providing information to the supplier (or, as is frequently the case, a combination of the two).
We have considerable experience of advising in connection with issues such as these (which are often business critical) in a manner which best meets our client's commercial needs and objectives.
Disputes of this nature are invariably complex, potentially costly to resolve and are liable to cause significant business disruption as they are likely to require significant amounts of management time to be devoted towards resolving them, time which could be more profitably spent elsewhere. We recognise that these factors mean that every effort needs to be made to resolve such disputes as speedily as possible without recourse to more formal dispute resolution procedures such as litigation or arbitration wherever possible. We understand that it is often better to try to salvage an existing project in order to avoid the further delay and expense associated with termination and the identification and procurement of an alternative supplier. However, if this does not represent the best commercial option we can assist by advising on termination rights, exit strategies and re-procurement.
When acting for suppliers, we can assist by helping to provide a clearer understanding to the purchaser/end user of precisely what it was that they contracted to purchase so as to help suppliers to retain their relationship with their customers and get the project back on track.
We work as appropriate with counsel specialising in IT disputes to provide full support and assistance (particularly in cases where urgent action or some form of interim relief is required). We can advise on the selection of suitably experienced and qualified independent IT experts where it is necessary to establish the nature and cause of a particular technical issue and/or to help identify possible solutions.
We are happy to provide you with an initial assessment and recommend preliminary action on a fixed fee basis in order to provide you with certainty of cost.