Contracting for technology: setting up for success

  • Podcast

    24 October 2023

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In this episode, MinterEllisonRuddWatts partner Jane Parker talks to senior associate Kate Anderson, both from our technology practice. 

Jane and Kate discuss areas where misalignment between customer and supplier commonly occur and what questions should be asked as part of the contractual process. They talk about how contracting entities can ensure that they are on the same page as to what is to be delivered and how, preserving the relationship between them. 

[2:00] Jane and Kate start off with the basics for any contracting organisation: determining that each party understands what they are being asked to provide and/or receive: is it outcome or input-focused? 

[6:00] They talk about setting entities up for success by ensuring that the contract actually reflects what the parties want to do in practice, giving details about specifics that should be discussed to ensure concepts are in alignment and details of the contract itself.

[9:55] Jane and Kate discuss that it is essential to understand the importance of the contract for each party: is it a key strategic relationship for one entity? They also look at the nature of the deliverable itself, particularly in regard to change management: how much is a customer required to take changes that the supplier suggests/requires, and how much insight does the customer get into any roadmap? [12:15] 

[17:22] Finally, they navigate the balance of risk and knowledge for the customer: at what point can a customer feel like it knows enough about the supplier and/or deliverable to enter into a contract, and how might this balance be managed?

Please contact Jane Parker or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode. You can also sign up to receive technology updates via your inbox here.

Please note that this episode was recorded on 21 August 2023 and is correct as at that date.

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