by Arlene Minkiewicz
| September 19, 2014
Failed software projects are always bad but there are additional complications when there is a contract in place to deliver the software. Disputes over failed software can result in costly litigation that generally damages both the vendor and the buyer. According to observations of Capers Jones in "Conflict and Litigation Between Software Clients and Developers" (2007) , 5% of the projects his clients were involved in either had litigation pending or were currently involved in litigation over project failures. His findings indicate that it is very large projects, over 10,000 Function Points that are most prone to litigation, which makes sense if you consider the relative increased complexity, as well as the large amount of money such a contract would involve. Although one occasionally hears of pending litigation over software projects in the news, determining the background and outcomes of such litigation is difficult because they involve large customers and software contracting organizations, both of whom would rather keep their failures out of the spotlight. This is likely a significant contributor to the fact that such litigations still occur since the industry is denied opportunities to examine and learn from the mistakes of others.
A report in Computer World  details a law suit filed by health insurer Highmark against KPGM for malpractice, fraud and brief of contract for a software system that Highmark had outsourced to KPMG. While the article does not detail the outcome of this lawsuit, it makes it clear that the disagreement stemmed from misunderstandings and the failure of the two organizations to communicate and collaborate.
In light of this I have compiled a list of four responsible actions that both bidder and buyer should engage in when software projects are outsourced. These may seem like common sense and the same old story, but clearly they bear repeating......
1. Create and Communicate Good Requirements ... misunderstood, constantly changing and new requirements are a common source of angst in software development projects. Bidders need to understand the buyer’s requirements, document them fully, and incorporate the risk of requirements growth into their plans
2. Create and maintain a credible cost estimate - the buyer needs to know what the effort should cost to evaluate bids. The bidder needs to properly assess the cost to them in order to make the project profitable and to avoid having the project cost them money
3. Understand and document risks; Plan up front for risk mitigation - bidders should work with buyers to understand their uncertainties. These uncertainties need to be incorporated into the estimate and documented in the contract.
4. Create and maintain a cooperative relationship... when bidders and buyers collaborate and work nicely together, bumps in the road and set backs are handled sensibly, reducing the possibilities that things get out of hand.