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.
Download the Contract Modules today by completing the form below.
This an excellent offering by Gerard Doolin and NZIAC to create adoptable Contract Modules practically focused on software project engagement. The Contract Modules set out processes focused on Agile & Waterfall software development constructs, development and project governance plus support governance by a succinct relationship management model and early intervention conflict mitigation approaches (mediation and adjudication particularly).
I recommend these Contract Modules as a thoughtful and comprehensive offering supporting and enabling organisations to promptly and openly review and reset software project misalignment or emerging contract disputes.
Like the Standish Group (Chaos reports 1995-2020), NZIAC and Gerard Doolin have, via a detailed international research initiative, explored the causes of often occurring software project failure from misalignment and emerging contract dispute.
They have now created for Agile or Waterfall governance plain English adoptable contractual processes involving a succinct relationship management model and conflict mitigation approaches, all to promote open and expeditious review and progressive reset of trouble software projects.
The Contract Modules set out pathways of active risk notification, exhausting negotiation dialogue, recourse to support for an industry skilled mediator or for a deep technical matter a ruling from an adjudicator, assisting parties in solving problems and thus avoiding project cessation and relationship ending litigation.
I support this initiative and the use of these Contractual Models by industry.