Forensic Systems Analysis for IT Arbitration
Disputes over failed software construction projects raise interlinked technical and legal issues which are complex, costly, and time-consuming to unravel ? whatever the financial size of the claims and counterclaims, the facts and circumstances of the contract between the parties, or the conduct of the software development.
CASTELL Consulting has been involved internationally as Expert, Mediator and Arbitrator in a wide variety of disputes and substantial legal actions over contracts which are terminated, with the software rejected amidst a considerable range and variety of allegations expressed by both supplier and customer. These include allegations of incomplete or inadequate delivery, software or database errors, faulty design, operational or performance deficiencies, shifting user or business requirement specifications, poor project management, delays and cost over-runs.
One of the most important issues on which an expert is asked to give an opinion in such software development or implementation cases is: what was the quality of the delivered software and was it fit for purpose ? To answer this, and other equally crucial technical questions posed in such disputes, CASTELL Consulting has developed a range of rigorous analytical techniques, Forensic Systems Analysis, for assessing failed, stalled, delayed or generally troublesome software projects. These objectively justifiable and properly unbiased techniques, founded on sound software engineering principles, are impartial, favouring neither customer nor supplier, software user nor software developer. They are becoming widely internationally accepted and an account of the Forensic Systems Analysis methodology was for example published in the October 2001 issue of ‘The Barrister’ magazine. They should be of interest/use to all Arbitrators and others acting in software development and implementation projects/disputes. An updated presentation will shortly be presented on the (as yet unopened) website Dr Stephen Castell
CASTELL Consulting, 2002
Year 2002
