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IT & Technology disputes

With technology playing an ever increasing role in how you run your business, when that technology fails to perform as it should it can have a devastating effect. Getting specialist advice so that you can resolve the dispute at an early stage can save both parties a lot of time and money, not to mention maintaining the relationship between customer and technology supplier.

Our technology lawyers specialise in disputes involving the development or performance of IT systems, telecoms or other key technology and are well versed in the dispute resolution processes that your contract might specify (including mediation, adjudication and expert determination).

We have particular experience in the following areas:

  • Problems arising in the implementation and management of long-term IT/technology projects, including:
    • Delays in implementation / missed milestones;
    • Disagreements as to whether the supplier’s product meets the contractual specification;
    • Issues around scope redefinition;
    • Problems with testing;
    • Service continuity issues;
    • Exploitation of intellectual property rights;
    • Arguments around costs / payments for services provided.
  • Disputes relating to ICT outsourcing and managed services.
  • Software licensing disputes, where software providers undertake licence audits and then aggressively pursue claims for under-licensing.
  • Disputes relating to the ownership of software.
  • Disagreements over the interpretation and effect of key terms within a contract.
  • Disputes as to whether contractual terms have been varied.
  • Disputes involving issues of force majeure or frustration.
  • The options open to the customer where the supplier becomes insolvent.
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Fletcher Day's excellent practice provides good quality, realistic and sensible advice, with particular expertise in the casual dining and retail sectors. - The Legal 500, 2019