Software Development Contracts

There has been a high degree of failure associated with software development projects by outside contractors. These development agreements, which usually combine a services contract, a product supply contract and a contract for ongoing support, can be complicated. This presentation examines possible approaches for drafting development agreements and provisions to limit the risks arising from agreements, including: typical phases of a software development project; approaches to software development; preferred structure for development agreement; and key terms to mitigate risk of a development project.

Fraser Mann practises primarily in the areas of technology, procurement, e-health and intellectual property law. His clients in the private sector include publicly traded companies and other companies involved in the acquisition and use of technology, and various technology companies supplying innovative products and services in Canada and other countries around the world. His public sector clients include government ministries and agencies, crown corporations, municipalities, hospitals, colleges and other institutions. Before becoming a founding partner of Mann Symons LLP, Fraser was a partner at several prominent Canadian law firms. Fraser has extensive experience with a wide range of agreements in the IT sector, including: business process and IT outsourcing transactions, licensing agreements, development agreements, network service agreements, consulting and professional service agreements, and cloud computing agreements.

Alexander Stack is an Intellectual Property and Commercial Lawyer, practising in association with Cognition LLP. Alexander practices in the area of patent, trademark, copyright and other intellectual property law, focused on the acquisition and exploitation of intellectual property including patent drafting, prosecution and international portfolio management, licensing, and related strategy and opinion work. He has an unusually wide range of experience, having worked with both the high-tech and pharmaceutical industries, and ranging from patent agent and commercial solicitor work to intellectual property litigation.

This Clip examines a preferred structure for software development agreements that divides the deal papering process into three levels: aster agreements, schedules & statements of work; focusing on these key components and the advantages of this approach.