Category Archives: IT Dispute

← Older posts

HOT NEWS: Cornwall Council wins its case against BT – convoluted contracts and unmet KPIs cited

Posted on by Allan Watton Cornwall Council vs BT: Cornwall wins right to terminate contract

With the New Year comes new challenges for Cornwall Council as it starts to regroup after its dispute with BT, over their 10-year £300m outsourcing contract, came to a dramatic end before Christmas. But what led these two parties, so determined to make a difference just two years ago, to a high court judgement that states BTC (BT Cornwall) “was in breach of the agreement such that the defendants were

Read More

Posted in IT Contract, IT Dispute, Outsourcing, Public Sector | Tagged , , , | Leave a comment

10 Steps: To Figuring out if IT Project Termination is Right for you

Posted on by Allan Watton 10 Steps: To Figuring Out if IT Project Termination is Right for you

If matters have come to a head and no matter what you’ve tried, your vendor is simply unable to deliver its solutions to your expectations, then you may have to begin the process of project termination. This decision should never be taken lightly. Project terminations can be costly, disruptive and can leave you mired in legal red tape. Only after you’ve attempted to re-align the project, build trust and make

Read More

Posted in IT Contract, IT Dispute, Project Recovery | Tagged , | Leave a comment

Hiring ‘Legal’: Getting Value for Money

Posted on by Allan Watton How to get value for money when hiring legal experts

When it comes to hiring ‘legal’ it usually means things are starting to, or already have, gone awry. So when hiring an IT lawyer or technical expert, you need to be clear about your objectives and outcomes from the beginning. We’ve supported many clients when they have decided they would prefer independent help to get an errant IT project back on track. In dealing with over 500 problematic vendor relationships,

Read More

Posted in IT Contract, IT Dispute, Project Recovery | Tagged , | Leave a comment

BT Sues Cornwall Council: 9 lessons to avoid the costs of early strategic partnership exit damages

Posted on by Allan Watton BT vs Cornwall Council: 9 ways to avoid the costs of early exit damages

A date has been set for Cornwall Council to meet BT in the High Court. On 1 December 2015, both sides will have the opportunity to explain just why the ten-year £300m outsourcing contract that bound them together was ended just two years into its term. This article aims to review what the public documentation states so far, and to see whether there are any lessons to learn, combined with

Read More

Posted in IT Dispute, Outsourcing, Public Sector, Uncategorized | Tagged , , , | Leave a comment

Four supplier relationship lessons learned from the failure of the NHS National Programme for IT (NPfIT)

Posted on by Allan Watton NHS Logo (Cartoon)

Selecting and managing suitable suppliers often requires a much greater emphasis on communicating your business outcomes to them, along with much more subtlety and finesse in managing the emotional stakes, than many realise. The importance of strong supplier relationships from the outset cannot be overstated and to achieve your business objectives it is essential that both sides feel adequately incentivised. There is no ‘one-size-fits-all’ approach, as programmes, projects, and the

Read More

Posted in Cut Costs, IT Contract, IT Dispute, Managed Services, Performance Improvement, Project Management, Public Sector, Risk Management | Tagged , , , , , , | Leave a comment

How having a strong intelligent client function will save you millions

Posted on by Allan Watton Helpful Tips

As outsourcing continues to gain popularity with both commercial-sector businesses and public-sector bodies, the importance of a strong and well resourced intelligent client function (ICF) team that has the skills and commercial awareness to drive maximum value from complex client/vendor relationships, has become more and more important. With a strong ICF in place, evidence suggests that organisations are clearly much more likely to drive innovation in service delivery, save money,

Read More

Posted in IT Contract, IT Dispute, Outsourcing, Public Sector | Tagged , , , , | Leave a comment

6 Steps to Realign Vendor Performance, Quickly

Posted on by Allan Watton vendor performance

When complex strategic relationships between public bodies and private sector vendor organisations start to veer off track it can often seem too daunting a task to refocus on the original business outcomes expected and agreed. With productivity levels slipping, trust in question and your strategic partner’s aspirations evidently very different from those agreed at the outset, what should your next step be? We believe the answer to this lies in

Read More

Posted in IT Dispute, Outsourcing, Performance Improvement | Tagged , , , , | Leave a comment

New Court Ruling: You Can Now Rely on Agreements to Agree – 3 Lessons

Posted on by Allan Watton agreement

When entering into a new strategic relationship for outsourcing or a major technology solution project, the agreement at some point in its formation will be subjected to time pressures from internal or external sources. It could be that the client is up against a time restriction where a budget must be spent by a particular date. Or it could be that a vendor is under pressure to meet its year-end

Read More

Posted in Contract Management, IT Dispute | Tagged , , , , , | Leave a comment

Problematic Big IT Projects: Can your contract force ‘good faith’ from your vendor? New court rulings suggest it can

Posted on by Allan Watton Problematic Big IT Projects 216 x 160

If you are to believe the statistics published on problematic big IT projects – whether a commercial sector Enterprise Software implementation (ERP), a Local Authority Client Relationship System (CRM) or an NHS Trust dealing with a problematic Electronic Patient Records (EPR) implementation – one thing is common throughout: the likelihood of you achieving your business outcomes from these systems, in the time-scales and costs originally agreed, is less than 50%. In

Read More

Posted in Contract Management, IT Contract, IT Dispute, Outsourcing, Performance Improvement, Procurement, Project Management, Project Recovery, Risk Management | Tagged , , , , | Leave a comment

6 Steps to Take if Your IT Goes Wrong – Lessons Learned from the Post Office

Posted on by Richard Kerr Post Box

The Post Office recently hit the headlines again after admitting that IT training and support failings may have resulted in some users of its Horizon system being wrongly accused of false accounting. After undergoing a forensic accounting investigation, it now seems doubtful that human error on the part of the system’s users can account for all of the discrepancies mentioned. The story serves to highlight the fact that the majority

Read More

Posted in IT Contract, IT Dispute, Performance Improvement, Risk Management | Tagged , , | Leave a comment

How Vendors Can Use the Entire Agreement Clause to Stop You Cutting Costs – and what to do about it

Posted on by Richard Kerr

Most organisations, whether in the public or private sector, are under extreme pressure to cut service costs – and quickly. But they also remain under pressure to keep service levels as high as they possibly can. And minimise complaints from their customers and citizens. There are many parts to successful strategic provider relationships and the written contract terms that govern them that can impact upon whether you can achieve these

Read More

Posted in Contract Management, IT Contract, IT Dispute, Performance Improvement, Risk Management | Tagged , , , , | Leave a comment

Large Scale Innovative Project Failures: Are the Consultants to Blame?

Posted on by Allan Watton MI5 Headquarters

Outsourcing has once again been in the public eye due to two recent high profile project failures. Last month, MI5 abandoned its reported £90m digital records management system over concerns that implementation of the system would lead to an “intelligence vacuum.” Just a few days later, the BBC finally scrapped its Digital Media Initiative (DMI) at a final estimated cost to the licence payers of nearly £100m. Although the DMI

Read More

Posted in IT Contract, IT Dispute, Outsourcing, Procurement, Public Sector | Tagged , , , , , | Comments Off on Large Scale Innovative Project Failures: Are the Consultants to Blame?

The Failure of Southwest One: What Can We Learn?

Posted on by Allan Watton SouthWest One

In 2007, Somerset County Council struck a deal to outsource various services to a joint venture company. That company — Southwest One (SW1) — was intended to serve as a trailblazer that demonstrated how public and private organisations could work together to benefit the communities of the South West and further afield. However, at the end of March the death knell of the relationship was marked by news that Somerset

Read More

Posted in Contract Management, IT Contract, IT Dispute, Managed Services, Outsourcing, Performance Improvement, Project Recovery, Public Sector, Risk Management | Tagged , | Comments Off on The Failure of Southwest One: What Can We Learn?

How to Renegotiate a Contract with Your Strategic Partner (in 5 Steps)

Posted on by Allan Watton ABP Logo

You no doubt are aware of the recent horse meat scandal in which it was discovered that beef burgers sold in supermarkets across the UK and Ireland were in fact less beefy than one would hope. Well believe it or not, there is actually an outsourcing angle to consider amongst the public and media furore. It was recently reported in Supply Management that Tesco has terminated its contract with Silvercrest

Read More

Posted in Contract Management, IT Contract, IT Dispute, Performance Improvement | Tagged , | Comments Off on How to Renegotiate a Contract with Your Strategic Partner (in 5 Steps)

Strategic Vendor Responsibilities: Your Vendor is An Expert

Posted on by Allan Watton Handshake

You may have experienced the sinking feeling that a strategic partnership is not going the way you had hoped (and indeed planned for). In fact, you may well be experiencing that feeling at present. That being the case, it is of vital importance that you equip yourself with a solid understanding of both your rights and your strategic partner’s obligations (contractual, statutory and implied). Our first step at BPG is always

Read More

Posted in Contract Management, IT Dispute, Outsourcing, Public Sector | Tagged , , , , | Comments Off on Strategic Vendor Responsibilities: Your Vendor is An Expert

Key Steps to Bringing a Failed Provider Relationship to a Satisfactory End

Posted on by Richard Kerr Dead end sign

In last week’s post on using an expert to fix a failing provider relationship we touched upon the fact that repairing a relationship is almost always better than terminating one. Termination is a rocky road to travel down. The potential liabilities are huge, reputations on both sides are at stake, and unless there is a truly glaring instance of contractual wrongdoing, neither party is likely to back down. In short,

Read More

Posted in Contract Management, IT Contract, IT Dispute, Public Sector | Tagged , , , , , | Comments Off on Key Steps to Bringing a Failed Provider Relationship to a Satisfactory End

How to Use an Expert to Fix a Failing Provider Relationship

Posted on by Richard Kerr Superglue and a broken ornament

It’s a common situation. An organisation is very disappointed with what they perceive to be unsatisfactory service delivery from a strategic provider and they want out of the contract. They appreciate that exiting a service provider, complex IT or strategic commissioning contract can open up a proverbial hornet’s nest, so they bring in an expert to assist in facilitating a relatively smooth process. If at that stage Best Practice Group

Read More

Posted in Contract Management, IT Contract, IT Dispute, Managed Services, Outsourcing, Performance Improvement, Project Recovery, Risk Management | Tagged , , , , , , , , | Comments Off on How to Use an Expert to Fix a Failing Provider Relationship

Managed Service Provider Up For Sale? 3 Risks to Consider and 3 Steps to Take

Posted on by Allan Watton Northgate Managed Services

The news last Thursday that Northgate Managed Services has put itself up for sale comes as little surprise to those of us with extensive experience in the managed services sector. The company has been struggling to provide any significant return for its group and in turn, its investors. Despite a turnover in excess of £128m in the last financial year, Northgate MS made an operating profit of just £200,000 — and that

Read More

Posted in Contract Management, IT Contract, IT Dispute, Managed Services, Outsourcing, Performance Improvement, Procurement, Project Recovery, Public Sector, Risk Management | Tagged , , , , , , , | Comments Off on Managed Service Provider Up For Sale? 3 Risks to Consider and 3 Steps to Take

Outsourcing Provider Going Bust? 10 Steps to Protecting Your Interests

Posted on by Allan Watton Outsourcing Provider Going Bust? 10 Steps to Protecting Your Interests

Mainstream media hasn’t been shy in publicising the shortcomings of outsourcing and commissioning providers in recent times. Whether it has been the G4S debacle, or the more recent news that outsourcing specialist Mouchel has been taken over by its bankers, the failure and demise of outsourcing providers is very much in the public eye. The fact is this — there are a number of outsourcing and commissioned providers going bust

Read More

Posted in Contract Management, IT Dispute, Outsourcing, Project Recovery | Comments Off on Outsourcing Provider Going Bust? 10 Steps to Protecting Your Interests

Service Recovery: The 9 Key Steps to Preparing for a Meeting with Your Vendor

Posted on by Allan Watton Service Recovery: The 9 Key Steps to Preparing for a Meeting with Your Vendor

Despite good intentions on both sides of the fence, a service provider partnership can falter. There are many reasons as to why this can happen (such as the contract clauses discussed last week), but the key point at such a stage is to consider how to resolve the issue. Whilst looking back on what has gone wrong can be a useful exercise, looking forwards to a positive resolution will give you

Read More

Posted in Contract Management, IT Dispute, Project Recovery | Tagged | Comments Off on Service Recovery: The 9 Key Steps to Preparing for a Meeting with Your Vendor ← Older posts