Silicon Valley Business Law Blog’s Kristie Prinz recently sat down for an interview with Beau Fernald, Fractional COO and Principal of Aware Insights LLC to discuss the topic of software implementation–a subject which is responsible for many business contract disputes across the software and digital health industries.
Why does software implementation cause so many business disputes?
One of the most common contract drafting mistakes businesses make in the software and digital health industries is failing to sufficiently define the parties’ mutual expectations for a software implementation. Most digital health and software contracts, in fact, are completely silent on the issue, regardless of the time, financial or other requirements of the implementation, which may be extensive. While Beau is not a business contracts lawyer and brings a different operational perspective to the issue of software implementation, he offers some additional insight on software implementation mistakes that SaaS, software, and digital health companies make, the consequences of those mistakes, and best practices on how to avoid them altogether. Beau strongly agrees the contention that software implementation understandings need to be articulated and memorialized in a writing to avoid subsequent misunderstandings that may result in a legal dispute.