software and Services Projects Contracts – Governance, Conflict Management and Dispute Resolution Model Clauses
Having an effective software project governance process is critical to enable a Customer and Supplier to monitor risk, report and discuss the progression of the delivery of a software solution, and track and resolve any deviation from the agreed project schedule and performance obligations.
Accordingly, we have developed a suite of Contract Modules that can be incorporated in an Agile (scrum) software development, implementation, and services project contract or in a statement of work (or schedule) to a Waterfall software development, implementation and services project contract. Such contracts typically include key terms in relation to intellectual property rights, confidentiality, termination rights and liability limitations and/or exclusions.
How can they be applied?
These Contract Modules are intended to supplement standard software development and implementation governance methodologies with a unique framework and detailed provisions for the management and resolution of misalignment issues and/or contract disputes.
The Contract Modules are drafted in plain English and focus on risk mitigation. The Contract Modules are purposively directed to ensuring the resolution of misalignment and/or contract disputes in a manner that is private, efficient, cost-effective, and certain.
The provisions represent current best practice and the governance terms may be adopted or modified in whole or part to suit the specific requirements of any software development, implementation, and services project.
The conflict management and dispute resolution provisions should be adopted in full unless there is any conflict with the governing law or mandatory modifications from which the parties are not permitted to derogate.
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