National Retailer

Dispute on behalf of an engineering company arising from design and manufacturing defects.

Problem

• A dispute with a US software provider arising out of the unsuccessful purchase and implementation of promotional forecasting software.
• The provider failed to provide the service that it had contracted for and misrepresented the software’s capabilities.
• The client invested thousands of man hours in fulfilling its role in the implementation up until the point that it became clear that the project was bound to fail, whereupon it terminated the contract.
• A claim was issued against the client for damages arising out of alleged wrongful termination of software hosting and maintenance contracts.

Solution

• he client defended the claim and brought a counterclaim for losses of over £3m arising out of the software provider’s breaches of contract which led to the failure of the project and termination by the client.
• We located and interviewed contractors of the claimant in order to gather evidence as to the inadequacies in the software and its lack of fitness for purpose.

Benefit

• We were able to guide the client to a successful resolution on commercial terms.