Outlines a "Systems Approach to IT Contracting" that, based on their own personal experiences and expertise, better serves many IT contract purposes. This approach quite thoroughly flushes out and documents the responsibilities and risks each party is willing (and able) to accept and the deliverables / deliverable quality each party will produce and approve, how to get a project back on track, and the renedies for failure to deliver.
Done properly with dedicated IT Contracting Teams, this approach to IT Contracting will generally produce:
(a) much better contracts,
(b) stronger long term working relationships between the parties that can be very helpful if and when a disputes arise, and,
(c) more understanding and control over planning, developing, and managing IT systems and project: estimates; schedules; staffing; progress awareness and reporting; functional AND performance requirements (scope creep); better testing regiments; quality assurance; project specific risks and stakeholder expectations.
2. Steven Brower , Esquire
Litigation shareholder with Buchalter Nemer
(sbrower@buchalter.com) in Orange County, California
30 years of litigation experience emphasizing Insurance
Coverage, Technology Litigation and Intellectual Property,
but also covering fraud, contracts, real estate, libel,
homeowner's associations, malicious prosecution
Trials, mediations, arbitrations in more than 10 states
Recent appeal, credited as the first in the United States,
where the Court of Appeal ordered a default, on fraud, in
favor of his client
Credited as the first attorney in the US to get a civil
injunction under 18 USC 1030 (Computer Fraud & Abuse
Act)
First published use of the term "software malpractice"
Presented formal paper to the Association of Computer
Machinery on Computer Contracting in 1982
Mainframe computer programmer for 10 years in Cobol,
APL, RPG II - one of the first public users of the Internet,
with access since 1973
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4. Standish Group: Chaos Study Results 2004+
CHAOS Summary 2009:
+ success = 34% (delivered on time, budget, on target)
+ challenged = 44% (late, over budget, < required F&F)
+ failed = 24% (cancelled before complete; delivered & never used)
“… numbers represent downtick in success rates from previous study, and significant increase in
number of failures … low point in last five study periods & highest failure rates on over a decade.
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19. The Systems Development Life Cycle: SDLC
All good methodologies
are the same!” WSReid
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4m
20. The Systems Development Life Cycle: SDLC
Basics
Set Stage Personnel
Recitals
Systems Description Maintenance
General Provisions Warranties
Parties To The Contract Ownership & Protection
General Reps & Warranties Title
Definition Of Terms License Rights
Assignment Of Delegation Proprietary Rights Indemnity
Interpretation Of Agreement Confidentiality & Security
Functional Rqmts/Performance Measure Risks & Rights
Project Management Risk Of Loss/Damage
Project Timetable Insurance
Project Management & Reporting Price Protection
Project Costs & Schedule Payment Renewal Options
Purchase Options
Pre-Go Live Items Trade-In Rights
Site Preparation
System Configuration & Installation Termination & ADR
Training Term & Termination
Documentation Limits & Exclusions Of Liability
Low Level, System & Integration Taxes
Acceptance Testing Miscellaneous Protections
Dispute Resolution Mechanisms
Customize & Convert
Custom Programming Requirements Special Outsourcing Considerations
Conversion & Support Services
20 w
2m
21. The Systems Development Life Cycle (SDLC) &
Its Relationship to the “Successful” IT Contract
e IT
Sid
Basics
r Ex Ma
Set Stage e pe nag
wy rt
Sideme
La
Recitals
General Provisions e nt,
Parties To The Contract
General Reps & Warranties
Definition Of Terms
Systems Description
Assignment Of Delegation Functional Reqmts & Perform Measure
Interpretation Of Agreement Project Management
Ownership & Protection Project Timetable
Title Project Management & Reporting
License Rights Project Costs & Schedule Payment
Proprietary Rights Indemnity Pre-Go Live Items
Confidentiality & Security Site Preparation
Risks & Rights System Configuration & Installation
Risk Of Loss/Damage Training
Insurance Documentation
Price Protection Low Level, System & Integration
Renewal Options Acceptance Testing
Purchase Options Customize & Convert
Trade-In Rights Custom Programming Requirements
Termination & ADR Conversion & Support Services
Term & Termination Personnel
Limits & Exclusions Of Liability
Maintenance
Taxes
Miscellaneous Protections Warranties
Dispute Resolution Mechanisms Special Outsourcing Considerations
21 w
2m