Dennis Kennedy

Scott Berinato's CIO.com article, You Sue, You Lose: The High Cost of Litigation is such a direct and to-the-point discussion of the no-win world of litigating software and IT project disputes and the necessity for negotiating good contract language that I wish that I had written it as a marketing piece for my legal practice.

Here's the summary:

"The rise in lawsuits over failed software projects demonstrates a truism — everyone loses in court. CIOs can avoid a legal morass by doing up-front contract work to protect their companies' interests.

The money quote: "What shocks lawyers about software project disputes is the utter avoidability of the complaints. These suits are about the failure of CIOs and other executives to legally prepare for failed projects."

Amen. This article is an excellent primer for anyone working on, reviewing or negotiating an IT project agreement of any kind. Focusing on some key issues at the front end of the process may well save you heartache down the road. It will give you some solid, practical information of the kind that I try to provide on a regular basis in my Practical Technology Contract Review News.