The interaction or synergy between lawyers and engineers in software project design and planning is not always optimal.

 

For us lawyers the contract is the contract, and engineers rightly think sometimes we confuse the project draft with the contract.

The pre-contract requires a joint effort to determine the invitation mode and the selection and the establishment of the most objective criteria.

From the standpoint of who will participate in the tender or invitation, the level of exposure, the obligations to be undertaken, whether or not the timetables are realistic and the penalties or fines predominantly appear.

Technical terminology should be defined uniquely to prevent disputes from the beginning: What exactly is a "correct functioning"? What are the features required? What is the technical specifications' scope?

In implementing the project it is important to define whether there are obligations of result, or best efforts, or medium.

The implementation requires in any event diligence, teamwork and professionalism, which often have specific scope in the contract. The proceedings and the project management should match the parties' liability.

In a catastrophic scenario hopefully the multiplicity of policies in the market have been taken into account and arbitration has been chosen so experts  may act quickly and in a specialized manner.

Check lists of the legal issues of the project and joint planning can lead to a successful conclusion and to avoid discussions on compensation or damages. 
 

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