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IT Contracts and Dispute Management

A Practitioner’s Guide to the Project Lifecycle

Steven Baker, Lawrence Akka and Rachel Glass

IT Contracts and Dispute Management addresses the law relating to technology projects and the practical, procedural and legal issues which arise at each stage. The authors draw on extensive personal experience of successfully managing IT project disputes from their initial stage through to resolution through a range of dispute resolution mechanisms. Being the only published work in this area relating to English law, the book will be a valuable resource to lawyers acting in connection with procuring an IT project or advising clients on avoidance and resolution of IT project disputes.
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PREFACE

A Practitioner’s Guide to the Project Lifecycle

Steven Baker, Lawrence Akka and Rachel Glass

This book was conceived through painful professional experience. Pulling all the legal threads together in a technology project dispute, when the evidence is often voluminous and sometimes inchoate, requires not only mental agility, but also physical dexterity to harness the various specialist texts which are relevant to the many different issues which are almost invariably involved.

We felt that there was a need for a single text focused on the technology project lifecycle which would endeavour to address in a pragmatic but analytical way the legal issues which arise at each phase of the project’s life (and, sadly, on occasion demise). Our approach has been to take each stage of a ‘typical’ major technology project—birth, growth and lifecycle management to sickness, hopeful resuscitation or death—and consider the key issues which in our experience arise. In doing so, we hope that project misunderstandings may be more quickly understood and resolved.

Although much of the law we have discussed is contract law, we have not set out to write a contract-law textbook, and more specialist works should be consulted where appropriate. We have in places given pointers to other texts which we believe will be helpful. The cases which we have discussed are those which we consider to be more appropriate, either in terms of their technological subject-matter, or because we think that they offer the best illustrations of the relevant principles.

Although we are responsible for any and all errors in the text we wish to express our gratitude to those who have provided support and assistance. In particular, Jenna Rennie at Cadwalader, Graham Smith, Matthew Atkinson, Matthew Pack, Priyan Meewella, Jack Colthurst and Ed Coles at (or formerly at) Bird & Bird; Susan Baker, Elizabeth Akka and David Louca deserve special thanks, as do the editorial team at Edward Elgar, who have been patient, good-humoured and tolerant of our schedules as practitioners.

The law is stated as of 30 September 2017, though we have occasionally been able to make brief reference to cases decided since then.

Steven Baker

Lawrence Akka QC

Rachel Glass