Dealing with Vendors and Suppliers - Scope Documents, SOWs, Warranties and Performance Standards
While every contractual situation is unique, there are a many techniques that will increase the customer’s chances of achieving the necessary clarity.
The first area to focus attention in contract drafting is what is often called the “scope document” or “statement of work” which refers to a written statement that sets forth what the vendor is supposed to do or provide to earn its fee or compensation. A closely related issue to clearly defining the vendor’s scope of work is clearly defining the performance standards to which the vendor’s performance must comply. Contractually, these standards often appear as “warranties,” which are the vendor’s promises with respect to its performance. Read this white paper for details on drafting SOW without ambiguity and subjectivity.
25 years of experience with both negotiation of professional service contracts and litigation arising from such contracts
Tried approximately 50 cases to verdict or award in bench and jury trials, arbitrations, and other administrative proceedings
Has coordinated the legal strategies for close to 100 technology-based startup companies
Recognized by The Legal Intelligencer with the Lawyer on the Fast Track award, named as a Pennsylvania Super Lawyers Rising Star, and named to the SmartCEO's Legal Elite list
Featured legal commentator on Fox Business Network “Money for Breakfast” and CNBC “Power Lunch” segments
Selected published works include: "Technology Transactions and Effective Litigation Management," chapter, Inside the Minds: Technology Law Client Strategies, 2007; "Navigating the IT Outsourcing and Procurement Process," chapter, CIO Wisdom II: More Best Practices – Harris Kern Enterprise Computing Institute, 2006; and "Securing the Whole Enterprise: Business and Legal Issues," an article he co-wrote with Thomas Costello, IT Professional, 2006