Experienced computer experts
collaborate with the Spanish Justice.
ERP 360º ERP expertise process
Expert witness, negotiation, trial defense...
More than 15 years as computer experts collaborating with the justice system, belonging to the most prestigious expert organizations. We work with dozens of development companies in the analysis of failed ERP projects.
Our specialization in ERP has allowed us to develop our own methodology to carry out expert opinions or judicial expert opinions, working in different modalities. Our collaboration with the main law firms specialized in lawsuits where the objective is the demand of a failed ERP project forms a team that allows us to work with a 360º vision of the case, understanding and working in two possible ways.
Partner demanded by customer
Unfortunately, an ERP project does not always end successfully. Even if the product is adequate, the proposed customizations are correct or are designed to make the project a success, the Partner devotes a lot of resources, sometimes more than the contracted amount, … does not ensure success.
We have seen projects where the Partner in good faith has done much more work than billed, for example, in data migrations or accepting changes in functionality not included in the scope, among other issues and yet the client has canceled the project, regardless of the stage of the project, suing the Partner.
In these cases, the end client usually provides an expert report listing all the shortcomings or defects, as well as non-compliances, that he considers key to take the project to court. This report will be carried out by a party expert hired by the client. In this case, one of the first issues is to analyze the report and detect anything that is not really appropriate.
It is common in this type of expertise that the opposing expert has had a very partial view of the problem, having us not only to analyze one by one their evidence, but to add many others where the Partner has adequately complied with the specifications or simply the opposing expert has omitted information that would favor the Partner. Our task in this case is to develop an opposing report, which is called a counter-expert of part.
Partner sues customer
To a lesser but also common extent, the end client either stops paying the Partner or simply cancels or abandons the project, generally leaving an uncovered amount of the project. In these cases, the Partner considers suing the end customer because it believes that all or part of the outstanding invoices should be paid by the customer.
In these cases we do not have a counter expert opinion, but we propose to make an expert report analyzing the project from the beginning to highlight the evidence that can justify, if it is really so, the claim raised by the client.
ERP Expertise Process
In a trial of this type there may be, as a general rule, up to three expert witnesses. An ERP project combines project management, software, hardware and systems engineering, interconnection with third party systems, etc. whose jargon must be adapted in the courtroom to the lawyers and judges.
Either the customer or the partner initiates the process. Sometimes at the request of the attorney.
Understand the size of the project, objective sought, amount of demand, problems, etc. in order to issue a quotation. Expectations. Part vs. judicial. Documentary expertise.
Analysis of all the evidence we can find. Party vs. judicial report. Documentary vs. test. Chain of custody. Requirements. Contract. Incidents, emails, ... Visit to both parties.
Defense at trial
It is vital to have a robust report. Oral defense is key. We must explain to judges and lawyers outside . Order and priority in the courtroom. Face-to-face.
When a Partner is sued, or sues the client, for an ERP project that does not reach the success or scope initially planned, we must take into account that the economic item and other issues claimed will be varied and with greater scope, sometimes, to the amount raised in the project. The following are the most common concepts to be taken into account before starting the claim process:
- Consulting costs
Invoices already paid or pending consulting. Configuration, custom developments, …
- Licensing costs
Paid components, third-party components, others.
- Equipment costs/other
Servers, bar code readers, printers, PCs, etc.
In legal acts, malice implies the malicious intent to deceive someone or to breach a contracted obligation.
- Loss of profit
Loss of profit is the profit lost as a result of damage caused in cases of contractual or non-contractual fault.
Sometimes it is possible to try to avoid trial by working in collaboration with the Partner’s and the client’s lawyers. As civil and commercial mediators we collaborate to avoid trial, in complete negotiations starting from the initial report, the development of meetings and the achievement of the minimum point of agreement. Trained at IESE in negotiation, we have saved hundreds of thousands of euros in lawsuits for different partners and clients.
We collaborate with ERP lawyers with extensive experience, both on the Partner’s and the client’s side. Working together we have helped to demonstrate evidence that has either convicted the other party or substantially reduced the conviction.
Remember that we, as experts collaborating with the justice system, are a tool for the lawyer to develop his work. The selection of a good lawyer to handle the lawsuit or defense is key to achieve the objectives sought in the lawsuit. If you need it, we will recommend the most suitable for your situation and type of project.
Warranty And experience.
Signature and certifications
- Auditor CISA by ISACA.
- Auditor ANECA in the EURO-INF program.
- ISO27001 by SGS.
- Computer and telecommunications engineer.
- Master MBA, PDD, Cybersecurity and Cybercrime (Deloitte).
We collaborate with Justice and AEAT.
- AEAT Certified Digitization Auditors.
- Digital advisor at www.red.es.
- Member Association of Experts Collaborating with the Justice of the Communities of Madrid and Valencia.
- Certified judicial computer auditor expert.
Offices in Madrid and Valencia
- Leaders in the Spanish market.
- Budget without commitment.
- We audit, advise and accompany until the final certification.
- Phases and methodology, audit and final report.
- We accompany you throughout the entire process until your software complies.
- Private area with documents of interest, regulations, for your company and clients.
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