Services - Software Dispute Management ...
THE CHALLENGE
Are you looking to ensure that your software project contracts deliver the value promised at contract? Do you have a software project that is failing to deliver value? Are you considering terminating a software delivery contract but worried about the risks? Has the vendor for your software project failed to meet or keep its promises? If so, are you considering redress?


OUR ANSWER
Amsphere’s experts in software project contract delivery hold your suppliers to account for delivery and limit the risks of failing to manage the vendor. Amsphere provide a complete service from procurement and contract advice, vendor delivery review, dispute resolution and litigation support.


THE KEY HIGHLIGHTS OF AMSPHERE’S APPROACH ARE:
  • A revolutionary Software Dispute Risk Assessment approach to identify, quantify and prioritise delivery related risks before a dispute can arise.
  • A unique, proven and risk-managed approach to managing vendors through out the engagement cycle.
  • Experience in recovering value from failing projects whether through partnership with vendors or by confronting poor performance.
  • Ability to quantify and measure the business value delivered and contrast it with conventional earned value or project cost based measures.
  • Mobilising the most effective team of professionals with software delivery, technology, project management, litigation support, forensic investigation and legal skills to:
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    • Assess risks, controls and performance
    • Review contractual framework, vendor management process and quality management
    • Investigate witness and documentary support to evaluate business case for investing in further value recovery
  • Use of templates and tool-kits through out the process to achieve repeatable quality

OUR SERVICES INCLUDE:
  • Well-established and proven tools, processes and templates for vendor delivery value assurance, risk assessment, project quality assessments, dispute management process and forensic collation of evidence and documentation.
  • Highly Skilled Analysts and Consultants trained in Amsphere’s approach and years of experience in delivering this unique service.
  • Network of distinguished Expert Witnesses with contemporary software delivery experience.


DISPUTE EXPERT WITNESS CASE STUDY

SITUATION
The dispute arose from a failed software package implementation that delivered no benefit to the banks more than two years after the start of a project scheduled to complete in 9 months. The business leaders of the consortium had limited experience of major IT projects and neither their legal advisors or auditors could offer experienced IT professionals with deep software and IT implementation experience. 15 months into the arbitration process, the international banking systems vendor had engaged a recognized international authority on bespoke software development methodology and sought to blame the banks for their lack of experience, failure to provide requirements and necessary staffing. The vendor was seeking substantial damages for termination of contract and was undermining the banks witnesses with a snowstorm of assertions relating to the technology and methodology involved.


ACTION TAKEN
Amsphere provided an independent expert witness with qualifications in both bespoke software development and software package implementation. The expert witness had experience in methodology development, multi-location software delivery and deep understanding of the technology issues and project management disciplines involved. Amsphere’s expert rapidly reviewed over 4000 pages of case documents and quickly identified the essential issues in the case. The expert proposed a hypothesis based approach to addressing the issues and, in consultation with the banks lawyers, agreed the terms of reference for a series of forensic investigations and quantitative analyses of the performance of the vendor software and staff and the banks responsibilities. The investigation included site visits, interviews and quality reviews of key deliverables against industry standards of practice.


RESULTS
With the investment of little more than 35 days of work, the expert was able to deliver an expert witness report of less than 200 pages supported by detailed quantitative and qualitative analysis that demonstrated that the vendor had:
  • failed to launch the project,
  • failed to manage the project,
  • failed to deploy appropriately skilled staff,
  • failed to execute a viable or consistent methodology,
  • failed to address the three major crisis points in the project,
  • failed to consider and manage risks,
  • failed to deliver requirements, analysis, design, build and test artefacts of any value to the banks.
Moreover, it would be cheaper and faster to start from scratch than to resolve the outstanding issues on the project. The banks total claim is almost $37 million plus interest and costs.


Need More Info?
Should you wish to learn about this service, please click here to request more information.