CONCLUSION

With care taken at the start of a custom development relationship to define the obligations and rights of the parties in an agreement, many pitfalls can be avoided. The negotiation of a development agreement should be completed before any design work is done and the rush to complete a software should not obscure the need for a well drafted agreement to ensure that future disputes are minimized and that the Customer can protect its investment in its software.

The agreement will also assist the Developer in its quest to get paid for its work by clarifying how changes will be handled, what the expectations of the parties are and what exactly it is expected to deliver.

The agreements do not need to be long or particularly complex. In fact, the clearer they are and the more they reflect the actual transaction and project expectations, the better. As always, the time taken to plan ahead and ensure that each party understands what the "deal" is, is time well spent.


The opinions expressed in this article are those of the author only and do not represent the views of the Techman/Kanata or of any of its directors, officers or employees. The author, Ms. Amy- Lynne Williams, can be reached at awilliams@dww.com