1 / 18

IT Contracts

CONTRACTUAL ISSUES - INCLUDING LIMITS OF LIABILITY AND WARRANTIES. IT Contracts. 10 October 2001. Peter Brook Associate DLA India Buildings Water Street Liverpool L2 ONH Tel: 0151 237 4782 Fax: 0151 237 4890 E-mail: peter.brook@dla.com. David Worrall Solicitor DLA

doris-hurley
Download Presentation

IT Contracts

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. CONTRACTUAL ISSUES - INCLUDING LIMITS OF LIABILITY AND WARRANTIES IT Contracts 10 October 2001

  2. Peter Brook Associate DLA India Buildings Water Street Liverpool L2 ONH Tel: 0151 237 4782 Fax: 0151 237 4890 E-mail: peter.brook@dla.com David Worrall Solicitor DLA India Buildings Water Street Liverpool L2 ONH Tel: 0151 237 4739 Fax: 0151 237 4890 E-mail: david.worrall@dla.com DLA – IT LAW FIRM OF THE YEARInsider's Guides to IT & Telecoms 2000

  3. Problem? What Problem? In a 5 year period: • 73% had problems with their computer system • 35% had system crashes • 60% had to to call back their suppliers

  4. Common Problems • Parties don't appreciate the complexity • Users fail to produce a proper specification • Vendors oversell • Requirements change during implemenation

  5. Contract or not to Contract • Contracting or not at the wrong time can cause problems • A contract is created • If an offer • Unconditionally accepted • Consideration • Intention

  6. Using your Lawyer Effectively • Early Instructions • Need not be expensive • Tender assessment

  7. Check What is in Writing • Question the contract • Tidy doesn't mean correct • Watch for entire agreement clauses

  8. What should go into the contract? • Detail • Certainty • Looking ahead

  9. Parties • Who should sign? • Associated companies?

  10. Rights in Software • Ownership? • Licence Terms? • Assignability • Restrictions

  11. Specification • As much thought and details as possible – worthwhile effort • Ensure warranties are given

  12. Staff • Ensure key individuals are named

  13. Timetable • Agree one!! • Specify reduction in price if late?

  14. Staged Payments • Use staged payments as an incentive

  15. Quality • Warranties as to quality, skill etc • Misuse of third party's rights

  16. Maintenance • Agree at the outset • As much detail as possible • Service levels, duration etc.

  17. Escrow • Place source code with independent third party ("Escrow") • Trigger release on e.g. insolvency

  18. Peter Brook Associate DLA India Buildings Water Street Liverpool L2 ONH Tel: 0151 237 4782 Fax: 0151 237 4890 E-mail: peter.brook@dla.com David Worrall Solicitor DLA India Buildings Water Street Liverpool L2 ONH Tel: 0151 237 4739 Fax: 0151 237 4890 E-mail: david.worrall@dla.com DLA – IT LAW FIRM OF THE YEARInsider's Guides to IT & Telecoms 2000

More Related