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Konstantin Gorodetsky2021-06-29 02:15:02
Project management
Konstantin Gorodetsky, 2021-06-29 02:15:02

How is the dispute between the Contractor and the Customer about understanding the requirements of the TOR of an IT project resolved?

Hey! The Contractor and the Customer read the TOR and interpret the requirements in their own way. TK is fuzzy, as usual. Implementation without agreement with the Customer on the expected results. As a result, the functionality meets the requirements, but something else was meant. For example, in the TOR it is written: "to implement a search" - a search was implemented in one of the fields, but it was necessary for all ... The Contractor refuses to correct without paying an additional volume. question - point to literature from which you can learn the procedure for resolving disputes on requirements. How a Customer requirement is considered a Change Request or Implementation Note. Thank you!

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3 answer(s)
A
Alexander, 2021-06-29
@UPSA

Article 1. The administration of justice by arbitration courts
Justice in the field of entrepreneurial and other economic activities is administered by arbitration courts in the Russian Federation, ..., by resolving economic disputes
. We need not literature, but the Arbitration Procedure Code of the Russian Federation
And a lawyer in civil cases.

How a Customer requirement is considered a Change Request or Implementation Note.
The definition of such concepts should be in the contract.
If the Contractor proves that the change is significant, then the work time increases several times. He may demand money.
If the Customer proves that this implementation does not make sense, for example, searching only by patronymic is pointless. May require improvement.
Decide - How much time is needed for revision.
Frighten the Court))) For all chance)))
Terminate the contract and conclude anew. )))

B
Borys Latysh, 2021-07-15
@nava2002

Most likely, "Modest TK" is written, and now THAT is done that is "Modestly" written.
On a good note, the "Customer" will lose all disputes because literally - "The search is implemented" since it is NOT indicated to what extent, you cannot do what is NOT included in the TOR.
But in the general case, both lose. The contractor loses a client and worsens his reputation. The client loses time and the "lost profit" is likely to be much greater than the resulting additional costs.
PS BUT THE "Executor" is to blame for this situation, who saved on technical specifications and created all this "Confusion". Abusing customer greed is not ethical.

I
Ivan Shumov, 2021-06-29
@inoise

If there is an agreement - according to the agreement, it is possible in court. Without a contract - not allowed

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