Technology - Support Through The Contracting Life-Cycle

Author:Mr Tony Bailes
Profession:Nabarro
 
FREE EXCERPT

Disputes vary greatly, but the value we deliver essentially

remains the same - helping you ensure that the required

solution is delivered on time and to budget, which in turn

ensures that the credibility of project sponsors, project teams

and management teams is maintained.

We can provide expert support throughout the entire IT

project lifecycle:

1 Define processes

Support the development of risk management processes and

controls.

Develop a base of commercial legal knowledge.

Provide precedents for terms and conditions with guidance

on use.

Develop and deliver in-house training.

2 Procure

Support the production of Invitations To Tender (ITTs),

Service Level Agreements (SLAs) and requirement

specifications.

Advise on legal provisions in ITT, proposals and draft

terms and conditions.

Support the review of proposals and advise on the effect

of key representations.

Support risk assessment and the decision to award the

contract.

3 Develop deal

Outline legal frameworks.

Set objectives and strategy for the contract

drafting/negotiation stage.

Advise on letters of intent.

Update potential commercial legal risks.

4 The contract

Document customer/partner relationships:

terms and conditions

deliverables - specifications, SLAs (especially fixed

price)

delivery process (especially Time & Materials)

payment mechanisms, pricing frameworks

governance frameworks.

Update investment and risk appraisal.

Provide document precedents.

Negotiate and draft terms and conditions.

Negotiate and draft SLAs and specifications.

Produce bespoke drafts to support new commercial

models.

Update potential commercial legal risks.

5 Contract governance

Advise on:

scope

administration of change control

payment for additional services

compliance with notice provisions

extension of time/liquidated damages.

Coach teams on:

acceptance issues

change control/variations

contract notices/ extension of time.

Ongoing risk management/assurance.

6 Renew, exit, review

Advise on renewal, transition or exit implications.

Support transition.

Support...

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