BPG have worked on hundreds of strategic supplier disputes, often related to technology implementations. A recent example is our work with the UK logistics company Eddie Stobart (ESL).
We provided Expert Witness support on a failing technology implementation and systems integration. Our remit involved investigating the degree to which the suppliers were meeting their contractual obligations and whether they were likely to be able to meet their obligations to provide a fit-for-purpose implementation as per their initial proposal, costings and timelines to deliver the benefits promised.
The supplier had undertaken an initial Due Diligence exercise to ensure that they fully understood the client’s requirements and to assure that their proposed solution could meet these requirements. Our process included an investigation into the fitness for purpose of this Due Diligence. This work was underpinned by our expertise in assessing and identifying whether the supplier was discharging their Expert Responsibilities, particularly their ‘Duty to Warn’ of any instances where the solution would not be able to achieve the required outcomes or whether workarounds would need to be agreed.
Our review of the technical evidence in relation to the technology implementation, provided better certainty for the client regarding the degree to which the supplier could be held accountable for:
- Providing appropriate (highly skilled) business analysis, optimisation design and configuration/coding resource
- The Design phase correctly identifying appropriate warnings to ESL where the application was unlikely to be fit for purpose and where effective workarounds would not be available
- The application implementation being fit for its intended purpose, on budget and on time.
We provided observations on the pros and cons of the technical evidence of the implementation in respect of any proposed project remediation (Plan A) or termination and exit of the project (Plan B), as well as providing technical input to support the development of Plan A and Plan B outlines.
- Documentation Reviews
- Contract Analysis and sound boarding of evidence points
- Stakeholder interviews, dialogue and clarification of evidence
- Dialogue with legal teams and supplier teams.