If you do the Twitter thing, follow me at @HousingITguy
or LinkedIn here https://uk.linkedin.com/in/tonysmiththathousingitguy
I have recently come to the end of a few procurements I have been assisting clients with, for full Housing Management Systems and Digital Platforms. The final stage is ‘Contract Finalisation’, where the software/system solution purchase is recorded legally.
A bit like a mortgage agreement or contract of employment. Perhaps of all these, only a mortgage is so set in stone, others have the possibility of clauses being dropped, modified, strengthened/watered down etc, based on mutual agreement.
Where a CCS/DAS Government framework is being used, like RM3821, a standard contract is supplied and generally the basis of what can be agreed. Framework contracts do try to be everything to everyone however, whether procurement of 500 Capital Work kitchens or a £1.2m 5 year software contract. As a by-product of that, liabilities are often set very high, to offer very strong protection for buyers, the Contracting Body.
Outside of Frameworks, I would never advise a client of mine to just accept or start from a suppliers template contract. It will undoubtedly be very biased in favour of the software provider, often demanding lots of front loaded up front payments and limited (if any) penalties for late delivery or ‘time of the essence’ style clauses. Most projects I see later, when clients get me in to sort out implementations that have gone wayward, have few contract protections. Always engage experienced software contract solicitors to assist, it will be worth the £8-12k required.
Recently on the subject of ‘when contracts go wrong’, you probably cannot have missed the recent shenanigans in Northern Ireland, around the Northern Irish Protocol, which was agreed as a condition of the UK Brexit. This like a software contract, is legally binding. While most of us recognise we have a liar of a UK Prime Minister, who even wrote his lies on a big red bus and got away with it, the NIP is written into law in black and white. In the same way a mortgage defines how we will make payments to our lender on a periodic basis, the NIP has defined clauses.
The story fed to the people has become that the EU are ‘applying rules and clauses too rigidly’, which is unreasonable. Our UK government never thought ‘Oven Ready’ rules would be applied to the letter and hoped they could be watered down later. Great wishful thinking!
Funnily enough in contract discussions, I often see pushback on clauses, with suppliers suggesting, ‘Well that would never happen and we would never invoke that’ etc. The suggestion is that the contract could be overridden by a shake of a hand, over a few double brandies, or a nice slap up dinner. Nothing is further from the truth and always the contract clauses included are king. Never believe otherwise. If I have ever encountered that, I have always argued that we should leave it in and I am sure the goodwill will work just as well, in the opposite direction. Stick to your guns, as I promise you, contract changes after the event might well have to wait five years and be very costly later.
When clients get me in to help turnaround projects that have gone pear shaped, maybe in their 3rd or 4th year, or 200%+ over budget, my first move is to review their contract. Hopefully it’s got clauses that safeguard my client and we have adequate teeth to bite the supplier with. Of course, it’s better to get the procurement and contract right from day one. A lot of my clients do that with me and see me as a Critical Friend right through the implementation, experience on tap economically as required
It’s a shame our UK government post December 2019 had surrounded themselves with ‘yes men’, otherwise someone could have unpopularly pointed out the follow of the approach and trouble could be expected a few years further down the line.
I will bring the chocolate gingers ☕😉
Related Post:Critical Friends can seem expensive, but can save many more costly mistakes
Catch the blog monthly archive at https://soundcloud.com/housingitguy/ |
_/_/_/_/_/_/_/_/
I would be pleased to connect with you on LinkedIn - http://uk.linkedin.com/in/tonysmiththathousingitguy Message me with any issues or queries, you would like to be explored in this blog. We generally receive a couple of suggestions each month.
Stiff Little fingers – SLF - Alternative Ulster.
(c) Tony Smith, Acutance Consulting www.acutanceconsulting.co.uk 07854-655009
Access a quick list of our Social Housing ICT blog posts here
Could we help you or your organisation? Our contact details are here , get in touch we will be pleased to chat about your problems and help with your organisation issues.
File Under: #HomesForBritain,#HousingDAY,#InternetOfTenants,#Shout,#UKHousing, 07854655009, 1st Touch,1stTouch,360,365Agile,3squared,4Js, ACL,ALMO,AMS,AX,Aareon,Abritas,Academy,Accuserv,Accuserve,Active Housing,ActiveH,ActiveHousing,Acutence,Advanced,Affinity,Agile,Agile365,AirWatch,Alfresco,Alignment,Allpay,Amazon Web Services,Anite,Apex,App,ArchHouse,Archouse,Asprey e-state pro,Asset Management,Associates,Aurora,Average IT Costs,AWI SX Integration Toolkit,AWS, BI,BO,BPR,BancTec,BigChange,Blockwise,BluTek,Bluebox,Blueprint,Browser Applications,Business Objects,Business Planning,Business Process Review,Business social networking, CACI,Capita One Housing,CBL,CCS IT Keystone CCSIT,CEDRM,CHICS,CHR,CIH,CMS,COA,CORE,CPL,CRM,CRM2013,CRS,CTI,CTX,Cadcorp,Capita,CapitaOne,Capita One,Capital Management,Cashflow,Castle,Castleton,Castleton Technology,Cedar Open Accounts,Cerrus,Change,Charges,Chartered Institute Of Housing,Cheaper Housing IT,Chics, Citrix,Civica,Civica CTX,Civica Cx,Civica Genero,Civica Saffron,Clearview,Clik,Cloud Dialogs,CloudDialogs,Coactiva,Codeman,Comino,Commontime,Community Reward Services,Company,Competitive Dialogue process,Component Accounting,Consilium,Consolidation, Consultancy,Consultant,Consultants,Contact Manager,Context,Contractor Systems,CorVu,Cost Reductions,Covalent,Crystal Reports,Customer Relationship Management,Cx, DRS,Deeplake,Designer Software,Development Systems,Director,Document,Documotive,Docuware,Dynamic AI,DynamicAI,Dynamics 365,D365,Dynamics365, ECMK,EDM,EDRMS,ERP,ESRI,Elmhurst,Enghouse Interactive,England,English,EnterpriseBI,Estatecraft,Etive,Exhibition,Exponential-e, Facebook,Factorwise,Field Service management,Finance,Financial Systems,Financials,Footprint,Forms,Freezes,Fusion, Gas Tag,G-Cloud,GCloud,GDPR,GGP,GIS,GasTag,Genero,GeoSolveIT,Getting best from,GoTonySmith,Grasp,Grip,Group Apex, HFI (Housing Financials interface),HG,HRA,Hardware,Hitachi Systems,Hitex,HomeMaster,Hometeam,HouSys,House,Housemark,Housemark survey,Housing,Housing Contact,Housing Group,Housing Insight,Housing Management,Housing Management Consultant,Housing Partners,Housing Portfolio Management System,Hub Asset Management,Homeswapper,Housing jigsaw, Housing Support Pro,HousingIT,HousingSupportPro,HyperOptic, IMS,IT,IT Budget,IT Training,ITIL,Impact Response,In,In4,In4Systems Promaster,InfoBoss,InHouse,InMotion,InMotion2015,InMotion2016,InfoBoss,Infoflow,Information,Information Technology,Information@Work components,Informix,Innovation, Informetis,Inphase,Inside Housing,Insight,Internet Portal,Internetalia,Invu,Ireland,Irish,itLab, Keyfax,Keylogic,Keypera,Keystone,Kirona,Kypera, Landlord,Ledgers,Linkedin,Liquid,Locality,Localz, M3,MAVIS,MD,MDM,MI,MIS,MIS-AMS,MISCS,MRI,MS Dynamics,MRI,MS Dynamics CRM2011,Microsoft365,microsoft 365,MWL,Management,Management Server,Manifest,Measuring,Mebus,More IQ,MoreIQ,Microsoft Dynamics 365,Microsoft dynamics GP 2013,Miracle,MobileIron,Mobysoft,Monopoly board images and pictures,Montal,Mr Void,MriEngage,MrVoid,MoreIQ NDL,NINTEX,NINTEX workflow,NPS,NPS ASSIST,NPS Housing,NPS Job Manager Mobile,NROSH,Natural,Neighbourhoods and Communities,Nintexworkflow,Northgate,Northgate Codeman,Northgate Public Services,Notice, OA,OGC Buying Solutions,OJEU Limits,ORS,Ohms,OmFax,Omniledger,One,OneAdvanced,OneServe,Open source,OpenContractor,OpenHousing,Opti-time,Options,Optitime,Oracle,Orchard,Outsource and outsourcing,OutSystems, PIMMS,PIMSS Data,PM,PRINCE2,Paloma,Pamwin,PanConnect,People Value,Peoplevalue,PfH,Pick,PlanForm,Planned maintenance,Plenfific,Plus,Portfolio Management System,PowerObjects,Pro,Pro-Points,Prodo,Progress,Promaster,Propoints,Proval,Providers,Pyramid, QL,QuantSpark,Qube,QLX,Qlikview,QueryView,Queryview reporting,Quiss, RM865,ROCC,RPs,RSL,Rave,ReAct,Reality,RedkiteCRM,Red Olive,Registered,Registered Social,Rent Increase,RentSense,RentSenseLite,Repairfinder,Reporting,Reports,RobotAutomation,Rocket, Salesforce,Salesforce.Org,SAP,SASSHA,SDM,SHBVN,SM,SOTI,SP,SQL,SQL Open Housing,SQL Reporting,SQL Server,Saffron,Safron,Saturn,Scenario,Scotland,Scots,Scottish,Scout,Sequoa,Serengeti,Serros,Server,Service,Services,Servitor,Sharepoint,Sim,SimPro, Simdel,Simdell,Slash and Burn,Social Housing ICT,Social Housing Software Applications,Social Media,Software,Software solutions,Spotlight Service,Spotlightservice,Star rating,Stores and Stock,Strategic,SunAccounts,Sunguard,Surveys,Streetwise, Swordfish,Sx3,Symatrix Human,System alignment,Systems,Systemwise, T-Files,TEAMS,TED,TFiles,TP Tracker,TSG,Tagish Casework,Tagra,Task,TAIM,Technologies (India) PVT Limited,Telecetera,Template,Terminal Services,That,Three Star,Tilt,TiltAffinity,Today,Tony Smith,Tony Smith That Housing IT Guy,TonySmith that housing IT,TonySmithHou,TonySmithHousing, ,TonySmithHousingITguy,Total,Total Mobile,Totalmobile,Trace,Tribal,Twitter, U2,UC,UK,UK Housing,Ukhousing,UniClass Enterprise,Unidata,United Kingdom,Universal,Universalcredit,Universe,Unrest, Valueworks,Van Stock,Vantage,Vantage Sentinel,Version,Virtualisation,Visualmetrics,Voice,Voice and data,Voluntas, Wales,Welsh,Wheatley,Windows Server,Workflow and,Work Hub,Works Connect, XML,Xen App,XenApp,Xmbrace, ...