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IT Contracts – Risk Management . Edmund Probert Marlene Naumann 21 March 2006. Outline. Contract and Risk Accepting the Risks Mitigation of Risk Contract Specifications Apportioning Risk Contract Management General Issues Conclusion. Contracts and Risks. IT Contracts

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it contracts risk management

IT Contracts – Risk Management

Edmund Probert

Marlene Naumann

21 March 2006

outline
Outline
  • Contract and Risk
  • Accepting the Risks
  • Mitigation of Risk
    • Contract Specifications
    • Apportioning Risk
    • Contract Management
  • General Issues
  • Conclusion
contracts and risks
Contracts and Risks
  • IT Contracts
    • IT Supply/Integration Agreement
    • Outsourcing Agreements
    • Software Development Agreements
    • Support and Maintenance Agreements
    • Software Licences
contracts and risks4
Contracts and Risks
  • Principal Risks

Uncertain obligations

Non-Performance

No Useful Remedy

Unlimited Liability

accepting the risk
Accepting the Risk
  • Due Diligence
    • Credit Score
    • Other suppliers’ experiences
    • Accounts
contract specifications
Contract Specifications
  • Specification
      • User’s
      • Suppliers
      • Change
  • Timetable
apportioning risk
Apportioning Risk
  • Acceptance Testing
    • By the User or Supplier
    • Procedure – who writes the test criteria?
    • Mechanisms to Remedy
apportioning risk8
Apportioning Risk
  • Warranties/Indemnity
    • An assurance or promise
    • Breach = Damages
    • Indemnity
apportioning risk9
Apportioning Risk
  • Limitation of Liability
    • Death, personal injury, fraud
    • Exclusion of types of Liability
    • Capping Liability
  • Insurance
contract management
Contract Management
  • Variation
    • Facilitates a working relationship
    • Avoids frustration and termination
    • Regular reviews
  • Project Manager
    • Regular meetings
contract management11
Contract Management
  • Dispute Resolution
    • Senior staff / Mediation / Arbitration
  • Exit Plan
    • Assistance with data migration
    • Additional payments
    • Intellectual Property Rights
    • Competitor
  • Good Housekeeping
other issues
Other Issues
  • Confidentiality
  • Intellectual Property Rights
    • Existing rights
    • New Rights
conclusions
Conclusions
  • Risk v. Rewards
  • Minimise
  • Insure