Agile Development: Litigation Risks for Contractors and Practical Precautions (Part 3 — Kickoff)
Jul 04, 2025
1. Agreement on the Development Structure
Clearly defining responsibilities is crucial. So are reporting lines. This directly impacts contractor accountability. Without clear agreements, disputes will increase. Stakeholders might claim, “I was never informed.”
Navigating Third-Party Vendor Risks
Users often delegate oversight to other vendors. This gives them an easy excuse: “Ask them.” A design vendor might exploit information gaps. They can become the only channel to the user. This lets them share select information. They can protect themselves and shift hard tasks to you.
Documentation as a Defensive Strategy
The kickoff meeting often defines the real power balance. Contracts lose weight if they don’t match operations. Document the power balance in meeting minutes. This helps prevent future disputes.
Creating a Defensible Written Record
Dealing with manipulative parties is risky. It can lead to major disputes. Prepare protective measures in advance. Does a client have unrealistic demands? Note in writing that the scope isn’t feasible. Request alternatives. This record can be key evidence in court. The outcome may depend on your preparation.
2. Scheduling Considerations
Assigning the Right Personnel
Never assign timid or absent staff as managers. A pushy Product Manager can overwhelm them. This leads to burnout and poor management.
Managing Stakeholder Expectations
Think of modern car navigation systems. They adjust arrival times slowly. This manages driver expectations. Do the same in project management. Make work volumes visible. Show their impact on schedules and costs. Use this evidence to negotiate changes. This cycle prevents major issues.
Proactive Communication and Risk Mitigation
Judges often misunderstand software development. They think it’s like building a house. This is wrong. Software requires iterative work. Document everything clearly. Don’t assume a judge will understand you.
The Project Manager as a Buffer
Project managers should be a buffer. They must be ready to step in. Does the user miss a deadline? The manager must address it firmly. Secure a new, extended schedule. Don’t just rely on internal logs. Provide written notices to stakeholders. This creates a record of all delays. Some may say this hurts the client relationship. But it is cheaper than a lawsuit.
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