DisputeSoft was engaged as a software expert in September 2017 by HTC in the matter of Fantasy Interactive, Inc. v. HTC Corporation in the U.S. District Court for the Western District of Washington, Seattle. Fantasy Interactive alleged that HTC failed to pay for the services and deliverables that were completed and delivered to HTC per contractual agreements.

In July 2010, HTC entered into a Marketing Services Agreement (MSA) with Fantasy Interactive wherein Fantasy Interactive would provide professional web design and development services for HTC’s new website. The parties agreed to several Statements of Work (SOW), which were incorporated into the MSA, and which outlined a number of deliverables and the related cost and services required. After a failed go-live in July 2011 and failed relaunch in August 2011, Fantasy Interactive attempted to resolve the problems. When Fantasy Interactive failed to fix the defective code, HTC hired Acquity Group to review the current state of the website, conduct a gap analysis, and successfully launch the website in early 2012. Litigation ensued when HTC refused to pay Fantasy Interactive for 14 deliverables and corresponding services.

Our Services

As a software expert for HTC, DisputeSoft:

Reviewed project documentation including the MSA, SOWs, and Acquity Gap Analysis and Recommendations, and evaluated the opposing expert’s report.

Conducted a code quality analysis of the June 2011 code delivered by Fantasy Interactive to determine whether it adhered to industry standards for quality, including maintainability, scalability, and reliability.

Tested the functionality of the website delivered in June 2011 to determine whether the issues HTC identified were evident as of the website delivery date.

DisputeSoft Founder and Chief Advisor Jeff Parmet proffered an expert report and rebuttal report on behalf of HTC. The case settled prior to deposition testimony.