260 Part III: Executing Your (Linux web host) Software Project Plan
260 Part III: Executing Your Software Project Plan Arbitration is a common remedy for resolving disputes that involve performance and implementation issues, and it s a better way to address these issues than a good old-fashioned lawsuit. Most, if not all, contracts also specify where the arbitration or legal proceedings arising from a dispute will be administered. Typically, software vendors want disputes to be resolved in the vendor s home state, and you (the buyer) probably want them to be handled in yours. This can be an important point in contract negotiations because the available remedies and penalties under contract law can vary from state to state. Be sure that you can live with whatever jurisdiction you agree to use. Your employer or sponsor may have strict guidelines regarding these issues, and you should always be aware of their needs. Know what can and what can t be disputed under the terms of your agreement. Most contracts contain clauses releasing either party from their obligations under certain circumstances, such as damage due to monsoons, falling meteors, or other natural disasters. In general, anything other than these factors, as well as terms of delivery and performance, are considered negotiable items in the contract and can be altered with the agreement of both parties to the contract. Issues such as when delivery occurs, who insures equipment and product, who owns the code, and how the product is delivered can all be negotiating points, and they can all affect your satisfaction with the contract you sign. When done correctly, a well-negotiated contract addresses all these issues and leaves little to chance concerning what is expected from you and your vendors. If all parties know what is expected from your agreement, there should be little need for dispute resolution. Compromise and working through issues are always better than going to arbitration, being sued, and creating a hostile and tense working environment that you might have to endure due to a poorly executed contract. Be flexible in dealing with issues, but also be firm in insisting that the provisions of the contract be upheld. It s just good business, and neither party should be upset with conforming to their responsibilities under their mutually agreed upon contract. Closing the Vendor Contract Time flies when you re having fun, and boy, have you had a ball. Tempus has fugit and you re at the end of the implementation of your software application.
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