Cutter Consortium :: Both Sides Always Lose: The Litigation of Software-Intensive Contracts

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Both Sides Always Lose: The Litigation of Software-Intensive Contracts

by Tom DeMarco, Timothy Lister

A contract is a kind of specification. Instead of describing a new system, it describes a business agreement. A contract suffers from some of the same difficulties that plague a specification: neither is ever entirely clear, entirely "right," or entirely free from interpretation. None of these problems is fatal when there is good will and a commonality of interests between the parties. With these two essential ingredients, people work out their differences and come to a successful conclusion. But when the two essential ingredients are missing, that's when matters begin to go south....

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Both Sides Always Lose: The Litigation of Software-Intensive Contracts April 1998

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