IT directors should ensure that suppliers take on the role
of project manager if they want to avoid legal disputes over major
IT projects.
That advice came from Alan Watson, managing director of the Best
Practice Group, who reminded the IT Directors' Forum of a court
judgement in 1996.
The case of St Albans versus ICL laid down that suppliers have
implied obligations to their clients, and that their contracts do
not protect them if they are taken on as specialist suppliers. It
also established that software is covered by the Sale of Goods Act.
Watson said many IT directors do not appreciate that specialist IT
suppliers have a legal duty of reasonable care and skill to put in
systems that are fit for purpose.
"Some 60% of disputes are over who is accountable, and for judges
and lawyers who do not understand IT, project management means
accountability. From a practical point of view the project manager
must be the supplier, with the user project manager acting as
assistant," he said.
Although most user project managers would object to being
assistants, this is the best way to protect projects, he
added.
To avoid misunderstandings, it is essential that suppliers take
responsibility for understanding how your business operates, said
Watson. They should compile the technical specification for the
project, identify any areas not taken account of, and be seen as
the project manager.