Outsourcing and Managed Services

Outsourcing the management of a company’s IT resources, including infrastructure hardware, software, operations, networks, business processes and service desk all have the potential to improve operational performance and reduce costs. Typically, the Managed Services Provider (MSP) provides industry-optimized best-practice services pursuant to a contractually defined scope of services and service level agreement (SLA) that describe performance and quality metrics to be provided by the MSP.

Disputes between the MSP and the customer can lead to termination or renegotiation and restructuring of existing agreements. Litigation may ensue if the parties are unable to resolve differences over performance issues or value delivered.

Performance Assessment

Managed Services disputes may become contentious when customers perceive they are not receiving sufficient value, or when they believe that the MSP is not delivering pursuant to the terms of contracted scope of service or SLA’s. Disputes may arise over issues such as slow problem resolution, excessive outages, deficient project delivery, or perceived inadequacy of applied technical resources.

DisputeSoft professionals possess the education, real-world experience, skills and training to evaluate all aspects of IT outsourcing performance, whether from the perspective of a managed services customer or supplier. Identifying and establishing fault by either party can be both legally and technically complex and often requires expert analysis and opinion testimony to assist the trier of fact in understanding and interpreting the evidence. Our managed services experts know the technical issues that are likely to arise in a dispute and evaluate the success or failure of service delivery based on industry standards.

Contractual Realignment

When outsourcing contracts are renegotiated to realign the customer’s and supplier’s objectives, service delivery and other obligations, our experts work closely with counsel responsible for restructuring to address the major IT outsource technical and legal contractual issues contributing to a failing engagement. A breakdown in trust between a customer and supplier can often be successfully resolved.

DisputeSoft experts are thoroughly familiar with how contractual provisions are typically applied in outsourcing situations. We help counsel renegotiate contracts to better include the technical aspects of service delivery and the corrections needed going forward to turn a failing relationship into a successful one.