Ken has consulted and/or
litigated hundreds of failed EPR
implementations for several public and private software publishers
over the past 15 years. He has a very unique perspective on some of
the basic and very avoidable reasons why many implementations begin
with mis-matched expectations.He is a Subject Matter Expert
related to software and consulting contracts.He has been published in Information
Week Magazine
B.S., University of
Massachusetts/Amherst, 1980, Admitted, California State Bar, 1988.
If your pre-sales due diligence
does not translate and transfer to your WRITTEN agreement(s)
properly in relation to scope, or if the "legalese" negates
your intent, you are destined for difficulty.
The contracting process and the language, scope, and
legalese contained
therein will ultimately determine the responsibilities of your software
vendor. License contracts are designed to limit responsibility of
the vendor to what they provide, not necessarily what you want.
Unless carefully prepared, the contracts language will work against you
much more than it will work for you. Most implementations
fail because of disconnects between customer expectations, and what is
ultimately stated (or not stated) in the final license and/or consulting
agreements.
