DisputeSoft was engaged as a software expert in January 2013 by the defendant in the matter of City of Mentor v. Chenosa Systems Corporation, a breach of contract dispute before the U.S. District Court for the Northern District of Ohio, Cleveland. The lawsuit related to the implementation of an integrated data management system to replace the City of Mentor’s (the City) legacy public safety software programs.

In August 2009, the City contracted with Chenosa Systems Corporation d/b/a ProPhoenix to implement the ProPhoenix Software, related hardware, installation, conversion, and training of City employees within the Police, Fire, Dispatch, and other municipal departments. After material defects prevented the software from being operational by the original go-live date of October 5, 2009, ProPhoenix attempted to resolve continuing and new materials defects over the course of two and a half years before the City terminated the agreement on June 26, 2012 and demanded a refund of all sums paid.

Nature of Dispute

After ProPhoenix refused to provide a refund, the City filed suit in September 2012 alleging that ProPhoenix:

Provided software that failed to perform as warranted and represented by ProPhoenix.

Misrepresented the performance capabilities of the ProPhoenix Software and failed to correct the system defects over a two-and-a-half-year period.

Our Services

As technical experts, DisputeSoft performed the following services:

Performed an independent assessment of complaints made by the City regarding the ProPhoenix software and whether it was in accordance with industry benchmarks.

Assessed the adequacy of the methodology, analysis, and opinions detailed in an expert report of the City’s technical expert.

Reviewed customer resource management (CRM) defect ticket data to reach an opinion as to whether the City was justified in terminating the project rather than proceeding with go-live.

Founder Jeff Parmet proffered a rebuttal report on behalf of ProPhoenix on January 25, 2013, and an expert report on February 26, 2013. The City of Mentor and ProPhoenix entered into a settlement agreement for an unspecified amount in March 2013, prior to deposition or trial.