Warranty seems straight forward, but as contracting models have evolved times they are a changing the role of warranty has been impacted. From a classic contracting model the warranty, started upon acceptance, it generally states that the product will perform in accordance with documented specification (the technical definition of the product) for some limited period […]
What do you do when a Project Delivery starts to veer off course? Customers are sometimes tempted to focus on ensuring that the Consultant’s failures are proven and acknowledged; just as Consultants are tempted to demonstrate how missing or inaccurate data, along with lax customer participation (reviews and such), combined with a series of changes […]
IP Ownership sounds like it should be pretty straight forward, the Customer says, I paid for the service, I paid the rate you quoted, so I should own the work. To fully appreciate the Consultant’s challenge with the above statement however you need to understand two related facts: 1) how consulting work is typically performed; […]
This is frequently referred to as Alternate Dispute Resolution. Essentially the parties agree when they are constructing the MSA or Project Documents on a set of rules and procedures that wish to use in the event of a dispute. The benefit is that they are far more reasonable when they are constructing the Project, after […]
This is the third installment in a 3 part series on some of the most important contractual differences in a Software as a Service (SaaS) Agreement. You should be aware, some SaaS providers do not provide customers (subscribers) with an IP Indemnity against 3rd party infringement claims. The rationale is that they offer a Service, […]
