A Software Development Agreement governs custom software creation, specifying scope, milestones, and IP ownership. This playbook highlights negotiation on deliverables, acceptance testing, and post-delivery warranties.
Why This Matters: Uncontrolled changes can lead to cost overruns, missed deadlines, and disputes, undermining project success and budget forecasts.
Negotiation strategy
If you're the Company:
Ensure all change requests are documented and include a clear impact assessment. Negotiate for a reasonable timeframe for approvals to avoid project delays.
If you're the Developer:
Advocate for a structured change control process to manage expectations and prevent scope creep. Ensure that any changes are mutually agreed upon and documented.
Essential elements
1
Change Request Submission
Formal request for changes.
2
Impact Assessment
Evaluate effects of proposed changes.
3
Approval Process
Mutual agreement on changes.
Action framework
ACCEPT
Propose edits when the change process lacks clarity or detail.
EDIT
Reject if changes can be made without mutual agreement.
ADD
Add requirements for detailed impact assessments.
PRO TIP
Always document changes and ensure both parties agree to avoid future disputes.
Example clauses
FAVORABLE
Preferred Change Request Process
"Any party seeking changes must submit a written Change Request detailing proposed changes and anticipated impacts."
NEUTRAL
Fallback Change Request Process
"Changes may be requested verbally but must be documented in a Change Order before implementation."
UNFAVORABLE
Unfavorable Change Request Process
"Changes can be made without formal documentation or mutual agreement."
Fallbacks
High-Risk Projects
In high-risk projects, a stringent change management process is crucial to mitigate potential risks and ensure project stability.
Fixed-Price Contracts
For fixed-price contracts, any change in scope must be carefully evaluated to avoid financial losses.
Agile Development
In agile development, flexibility is key, but changes should still be documented to maintain project alignment.
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WEEK 2
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WEEK 3
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WEEK 4
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