ICT projects often involve exceptional risks. Pels Rijcken has a team of lawyers who are specialised in mapping out these kinds of risks and making them more manageable.
The IT team at Pels Rijcken advises parties on IT sourcing. This can include the more classical forms of IT sourcing, but also covers IT service provision such as outsourcing and cloud computing. The team carries out a lot of work for public authorities such as the State, provinces, municipalities, the Land Registry Office (Dutch: Kadaster) and the National Forest Service (Dutch: Staatsbosbeheer). As a consequence, they also have a broad range of expertise in the field of procurement law and a great deal of knowledge about other government-related IT aspects such as e-government, open data and open source, the Public Enterprises Act and data protection regulations.
Experience has shown that IT projects often entail exceptional risks. Consider for instance vendor lock-in, scope creep, unclear management, mismatch between what is requested and what is supplied and poor performance. The IT team at Pels Rijcken regards it as a challenge to have already outlined these risk factors prior to tendering and contracting. It is not always necessary for a contract to be drawn up at length. We regularly carry out a legal check on behalf of our clients in which the most important components of a contract are assessed within a short space of time.
Should a dispute nevertheless arise, then preference is given to solving this by arriving at an amicable settlement. The IT team at Pels Rijcken has a great deal of experience in negotiating and compiling settlement agreements. However, should recourse to a judge in preliminary relief proceedings or an arbitrator prove to be unavoidable, the litigation experience of Pels Rijcken guarantees the best possible outcome.