All statistical research conducted on the subject over the past twenty years has shown the following: few projects reach completion while remaining within their initial scope, deadlines and budget, and a significant number of projects are suspended before completion.
In such a context, it is clear that IT projects require safeguards, regardless of the quality of the stakeholder (supplier, service provider, subcontractor or client).
Yet, when used properly, contracts can be a very effective means of providing safeguards, although they are obviously not the only tool available.
The drafting and negotiation of an IT contract must therefore take into account this statistical data for the project to be successful, while anticipating difficulties or even failure, depending on the constraints, matters at stake, time constraints, risks, prices, financial terms, liabilities incurred by the parties, etc.
In addition, technologies are increasingly complex, a trend which some theorists, such as Raymond Kurzweil, predict will accelerate indefinitely.
This creates a need for suppliers, service providers and their clients to analyse these technologies and the services they provide in order to produce contracts that are adapted to them. It is otherwise not possible to significantly mitigate the risks relating to a project.
With our 19 years of experience in Information Technology, we advise on projects and services, both simple and complex:
- integration / installation / implementation of ERP, software and various systems;
- managed services and IT outsourcing services;
- software and systems development;
- maintenance of software and systems;
- licenses and transfers of intellectual property rights;
- hosting services;
- Cloud Computing: SaaS, PaaS, IaaS, .aaS.
Our services notably include:
- assistance with the preparation of IT tenders;
- drafting and negotiating IT contracts;
- monitoring the progress of IT contracts (acceptance reports, preparation / monitoring of committees, drafting amendments, formal demands, etc.);
- assistance in pre-litigation (redefining / divesting from projects) and litigation (judicial expert appraisals, litigation before the courts).
Contact: Frédéric Guénin