Daily Archives: July 13, 2011

How to Avoid IT Outsourcing Contract Disputes

Outsourcing customers can mitigate the risk of costly disputes by insisting on clarity at the time the contract is executed and at the first sign of trouble, say Peterson and Kriss. Anticipating all the issues that may arise during an outsourcing relationship is difficult, but drafters of outsourcing agreements should try to address as many specific problems as possible upfront to save money and heartache later.

1. Provide Specific Examples of Damages
Outsourcing contracts may state that the parties can recover only “direct damages,” not “consequential” ones. But case law is unclear about what constitutes direct versus consequential harm, says Peterson. […]

2. Avoid Open-Ended Terms
Many outsourcing contracts state that the parties will attempt to reach agreement on an important provision after signing. That’s a mistake, according to Kriss, who advises clients to avoid leaving contract provisions unresolved for two reasons. […]

3. Provide Specific Examples of Material Breach of Contract
An outsourcing contract often states that the relationship can be terminated for “material breach.” But as with damages, case law is unclear about the definition of material breach, especially in a particular case, says Peterson. […]

4. Define Performance Standards
Many outsourcing contracts require conformity to “industry standards” or performance that is “appropriate,” “sufficient” or “best practice.” The problem with these adjectives, says Kriss, is that they have no clear meaning. […]

5. Require Written Notice of Customer Failure
When outsourcing disagreements arise, the supplier may blame the customer. Therefore, the contract should require the supplier to provide contemporaneous written notice to a specified officer of the customer when the supplier contends that the customer is failing to meet its obligations. […]

6. Provide Written Notice of Any Breach of Contract
Outsourcing customers can limit the cost of disputes and litigation even after the ink is dry. “The biggest mistake we see in dispute resolution is failing to send firm correspondence about breaches,” Kriss says. […]

Read More:

http://www.cio.com/article/685011/Outsourcing_How_to_Avoid_Contract_

Disputes?page=1&taxonomyId=3195

Did you like this? Share it:

B-1 business visas – forcing the U.S. to hire more American IT workers

“It’s hard to say what the State Department and U.S. Customs and Immigration Service (USCIS) are doing with respect to the investigation,” says Ron Hira, associate professor of public policy at the Rochester Institute of Technology and co-author of Outsourcing America. “Neither agency has been forthcoming.”

 

Some industry watchers predict that the probe could hamper the IT outsourcing industry’s ability to use of a variety of guest worker and business travel visas, which in turn could lead these companies to hire more American IT workers.

 

“This could have some serious ramifications with the issuances of temporary work visas for employees of Indian-based service providers and non-Indian service providers seeking to bring Indian staff into the U.S.,” says Phil Fersht, founder of outsourcing analyst firm HfS Research. “While valid H-1Bs and L-1s should still go through, the USCIS has the ability to probe visa applications hard when under scrutiny, and slow down the whole process for all providers, not only for Infosys.”

 

Read More:

http://www.cio.com/article/685991/Infosys_Visa_Probe_Experts_Debate_Impact_on_American_

IT_Workers?taxonomyId=3195

Did you like this? Share it:

Chemistry Outsourcing Software at ChemOutsourcing 2011 Conference

On Tuesday September 13th at the 2011 ChemOutsourcing conference, a leading provider of cheminformatics software, Kelaroo, Inc., and ChemOutsourcing.com announce a presentation to reveal Kelaroo’s revolutionary software for the management of the chemistry outsourcing process. This software is designed specifically for use by chemists, outsourcing managers and vendors.

The president of Kelaroo, Andrew Reum says they are presenting this software at the 2011 ChemOutsourcing conference as it is a well attended conference for chemistry outsourcing. He adds that they are very excited to have Kelaroo present such a relevant and important contribution to the chemical outsourcing industry.

Source: http://www.prnewswire.com/news-releases/kelaroo-to-unveil-chemistry-outsourcing-software-at-chemoutsourcing-2011-conference-for-biotech-pharmaceutical-companies-cros-and-cmos-125411638.html

Did you like this? Share it: