IT Contracts and Dispute Management


IT Contracts and Dispute Management

A Practitioner’s Guide to the Project Lifecycle

9781784710118 Edward Elgar Publishing
Steven Baker, Partner, Proskauer Rose LLP, London, Lawrence Akka KC, Twenty Essex Street, London and Rachel Glass, Bird & Bird LLP, London, UK
Publication Date: 2018 ISBN: 978 1 78471 011 8 Extent: 488 pp
IT Contracts and Dispute Management addresses the law relating to technology projects and the practical, procedural and legal issues which arise at each stage. The authors draw on extensive personal experience of successfully managing IT project disputes from their initial stage through to resolution through a range of dispute resolution mechanisms. Being the only published work in this area relating to English law, the book will be a valuable resource to lawyers acting in connection with procuring an IT project or advising clients on avoidance and resolution of IT project disputes.

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Critical Acclaim
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IT Contracts and Dispute Management provides in-depth analysis of the legal issues that customers and suppliers involved in a technology project can face at each of its critical stages. The authors offer a practitioner’s-eye view of both the impact of those issues and how to resolve them or minimise their effect.

Key features include:

• guidance on all stages of a technology project presented in the order in which they typically occur

• discussion of the tender process, preparation of contract terms and project delivery

• advice on how to manage commonly occurring issues, such as delayed delivery

• insight into potential methods of project ‘resuscitation’ when difficulties arise

• advice on ‘end of project’ issues, including termination options, formal resolution of disputes and quantification of losses

• first-hand insights drawing on the authors’ extensive personal experiences throughout.

This new work is the first thorough examination of the legal framework underpinning IT contracts and technology projects. It focuses on English contract law as it applies in this specific context, but combines a detailed legal analysis of common law principles with commercial and tactical guidance, making it suitable for lawyers worldwide. It will be a valuable resource for lawyers in private practice who are advising clients on the avoidance or resolution of disputes arising from IT projects, and to in-house legal counsel who advise on the procurement, supply, or management of IT projects.

Critical Acclaim
‘This book presents a much needed treatise on technology project contracts, filling a significant gap in the market. The authors bring clarity and structure to the complex legal issues which often arise in the procurement and performance of IT contracts, as well as providing practical guidance on the avoidance or resolution of disputes arising from IT projects. This work should become a primary resource not only for in-house and external practitioners but also for project directors responsible for IT contracts.’
– Atanu Sarkar, Group General Counsel, Tech Mahindra Group

‘Brilliant! A must read for those involved in any disputes. The authors have masterfully woven an expose of the law with pragmatic and practical steps that a party should consider whilst working through a dispute.’
– Jeevan D'Silva, General Counsel, T-Systems Limited

‘I heartily recommend this book for newbies to tech law and for the less experienced – reading and absorbing the lessons here will turbo-charge your level of knowledge to the level of the wizened old hack. But I really think that it has something for even the most experienced – at the very least, you will enjoy nodding along. I am delighted to see that the ebook version is very reasonably priced.'
– Computers and Law
Contents: Preface PART I OUTSET – BIRTH OF A TECHNOLOGY PROJECT 1. Pre-contract matters 2. Liability for pre-contractual statements 3. Contract negotiation and project methodology PART II NURTURING, MAINTAINING AND DELIVERING THE PROJECT 4. The contractual framework 5. Housekeeping 6. Project management 7. Delivery and acceptance 8. Testing 9. Other aspects of performance 10. Delay PART III IN SICKNESS AND IN HEALTH – THE AILING PROJECT, INTERIM DISPUTE RESOLUTION AND RESUSCITATION 11. Project rescue 11. Representations when re-baselining 13. Termination rights 14. Project ‘resuscitation’ 15. Interim dispute resolution 16. Enforcing a continuing relationship PART IV QUANTIFICATION OF CLAIMS FOR COMPENSATION 17. Quantification of claims for compensation 18. Exemption/limitation clauses PART V CONDUCTING TECHNOLOGY CONTRACT DISPUTES 19. Forum for resolving disputes 20. Disclosure 21. Witnesses Index
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