Software Development Contracts - Beyond the Basics

Introduction

Failed software development projects regularly make headlines in the trade press (and often the national press as well) frequently escalating into complex, high-value litigation that can run for years. Recent cases such as Tata Consultancy Services v Disclosure and Barring Service and CIS General Insurance v IBM illustrate the scale of disputes that can arise, with judgments spanning hundreds of pages of technical evidence and legal argument.

While no contract can fully eliminate the risk of such disputes, carefully drafted agreements can significantly reduce exposure and improve outcomes if disputes do arise. The way software development contracts are structured often determines whether a project remains commercially manageable or becomes legally and technically intractable.

Drawing on extensive experience in both drafting and litigating IT contracts, this new virtual classroom seminar explores common risk areas and practical drafting techniques. It offers guidance on how to tailor contracts to the specific demands of software development projects, helping you better protect your client’s position, whether acting for suppliers or customers.

This session is designed primarily for lawyers advising on IT and software contracts on either side of the transaction, but it will also be valuable for consultants, project managers and IT professionals involved in structuring or delivering software projects.

What You Will Learn

This live and interactive session will cover the following:

• Understanding different software development methodologies, including waterfall and agile and how they differ in practice and risk profile
• How the chosen development methodology influences contract structure and drafting approach
• Defining scope, requirements and deliverables in a clear and workable way
• Managing change control processes and controlling scope creep in evolving projects
• Establishing effective governance structures and managing key stakeholder relationships
• Structuring payment mechanisms to align incentives and project milestones
• Addressing intellectual property ownership, licensing and usage rights
• Allocating risk through liability provisions, warranties and limitation clauses
• Drafting termination provisions and dealing effectively with breach and project exit scenarios

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.