Factor of Success When Drafting Agreements

For software projects our clients increasingly tend to use agile programming methods. However, if one continues to use software project agreements based on the linear waterfall model, the familiar problem arises that one most likely does have good agreements, but for the wrong case. Writing agreements for a specific case and successfully negotiating these is a significant factor of success not only for software projects.

Advice from the Beginning

Understanding technical IT particularities as well as the specific business models of the IT business and legally implementing them at the stage of formulating the underlying agreements is decisive for successful implementation of IT projects. For many years we have been supporting our clients in the preparation of comprehensive IT projects in terms of contract law and also support them during the implementation period. Our services range from basic planning and development of agreements through the support of contractual negotiations and to support when implementing the agreement.

Our approach follows the structure of the classical IT project plan; we take into account not only traditional waterfall models but also more recent agile programming methods, implement them in the agreement and also combine both. First we determine and define the goal of the agreement and indicate clear responsibilities and planning competencies. Building on this, we analyse our clients’ interests and obligations as well as the interests of contracting partners and third parties, and evaluate these. After structuring an overall strategy, we draft individual scenarios as well as possible courses of action and determine termination criteria for the project. Based on these preparatory measures, we determine the negotiation strategy and support the negotiations and follow-up.

With our own proprietary software developed in cooperation with a leading software company, we carry out contract management and controlling, and not only monitor payment periods and termination notice dates but also other deadlines, and take on audits and revenue monitoring.