As an attorney handling a software implementation failure case that may go to trial, it is crucial to understand the exact amount of damages your client is entitled to.
Your client may have multiple claims, such as vendor misrepresentation, but of course, not all claims are valid. If you’re seeking to understand the actual losses incurred, you need the right team of experts.
The Qualities of an Excellent Damages Expert
1. Has a strong background in calculating losses related to software failures and presenting credible testimony in a courtroom setting.
2. Considers various factors when calculating losses, such as lost productivity, diminished sales, customer attrition, and costs associated with re-inputting data.
3. Is a practicing consultant in addition to having the ability to calculate damages.
Contemplating litigation?
We have multiple software expert witnesses available for provision of reports, depositions, and testimonies.
Case Study of a Failed ERP Implementation
A large manufacturing company contracted a third-party ERP software integrator to implement the client’s software system.
Unfortunately, the integrators lacked the necessary expertise to handle complex projects. Consequently, decisions were made without a deep understanding of the software, industry best practices, or the specific requirements of the client. This led to flawed configurations, ineffective customization, and an overall unsatisfactory implementation.
In addition, the integrator’s failure to prioritize organizational change management significantly impacted the project’s outcome. Organizational change management is an approach for managing the human side of change. It ensures the smooth adoption of new software. Without it, the client experienced employee resistance, a lack of buy-in, and reduced productivity.
Additionally, the presence of an ambiguous MSA and SOW added to the challenges faced during the implementation. These contractual documents define project scope, deliverables, responsibilities, and expectations for both parties involved. However, the integrator failed to provide clear and specific details, leading to misunderstandings and conflicts between the client and the integrator.
This case study highlights only a few of the missteps that can result in significant losses. There is truly a wide variety of mistakes that an organization (and its vendors and implementation partners) can make during a software implementation. With so many different contributing factors, it can be difficult for a run-of-the-mill expert witness to account for the losses from every single misstep. This is why it’s important to engage a software damages expert.
Don’t Leave the Assessment of Damages to Chance
A damages expert with credibility will withstand scrutiny and present calculations that hold up in court. You need someone who can articulate damages in a manner that resonates with the judge and jury.
Attorneys rely on our Software Expert Witness services to match our bench of experts to their clients’ case complaints. If you have a software failure case, one of these experts will inevitably be a damages expert. Our team of damages experts can ensure that claims are accurately evaluated and effectively presented. Request a free consultation below.
