LAW FIRM FOR IT PROJECTS IN GERMANY
IT project contract consulting
An IT project regularly consists essentially of a software creation or software development or a software adaptation. An IT project is therefore mostly a software project at its core. Hardware can also be an IT project component. Services such as Infrastructure as a Service (IaaS) or Managed Cloud Services (MCS) can also be part of the IT project. A cloud project, for example, can involve both software and hardware as well as services. The same applies to outsourcing solutions. In recent years, data protection-related questions to the lawyer in the context of IT projects have become more relevant, especially when cross-border issues are involved.
We advise on all of these contracts. Ideally, legal support is already provided during the initiation of the IT project and, based on this, the procedure and development of the IT project are coordinated. Within this framework, the specific rights and obligations of the contracting parties can then be agreed. In this context, legal advice is not limited to the drafting, review and/or adaptation of contracts. Rather, the negotiations are to be supported from the legal side. This can also be done in the background.
Rescuing IT projects
In IT projects, the client often calls in a lawyer, even in the case of external contractors, only when problems arise with the project or its outcome. The same applies in a mirror image to the software developer or other contractor. The problem may be the (imminent) termination of the project or damage caused by a faulty application.
Here, a lawyer can help to save the project after all. Or to achieve the most favorable exit possible, for example by rescinding the contract. Or, in any case, to assert warranty claims and claims for damages. In order to achieve a satisfactory solution, it is regularly very important to secure legally correct evidence.
The goal does not necessarily have to be legal proceedings. As a rule, an amicable settlement – even in a conciliation procedure – is preferable. Here, the law firm assists in the negotiations and in reaching an appropriate settlement agreement. Ultimately, however, a very considerable percentage of disputes do end up in court. And in this case, it pays to have an experienced litigator involved from the beginning.
Avoiding failed IT projects
Unfortunately, in practice, the contractual basis of an IT project is often of little help in solving problems that arise: Standard forms or samples are used without prior attorney review, which may be “correct” as such, but which do not legally fit the specific project. It is even worse when only loose agreements are made, which in the worst case are not even comprehensible or provable.
However, a contract that is individually tailored or at least adapted with the support of a lawyer can save a lot of trouble and costs right from the start. It is true that not all problems are foreseeable, especially with agile methods. However, at least rough scenarios can be considered in advance and solution options can be developed. In addition, there may be contracts for software maintenance, software customization and deposit agreements, but also and in particular license agreements.