How to write down the responsibility of an IT contractor for errors?

Question

Law in IT

Hello! Please help.
I want to understand whether it is possible with jur. point of view to prescribe the responsibility of the performer for errors.
Situation: our company has a website selling spare parts. Works on 1s Bitrix.
There was a problem that the basket "hung" and the exchange between the site and 1s did not work well. The contractor said that the problem was in the outdated Bitrix platform and offered to update it. After the update, all divisions of our company checked their site and closed the work.
A few months later, one department found out that some parts were double discounted. As a result, the company lost several million.
Explanation: the discount is calculated both on the site side and on the 1s side. In the "old" version of the platform, the discount calculation on the site side was disabled manually by the Contractor. During the update, they apparently forgot it.
The question is - how in the future to prescribe the responsibility of the performer for such errors in the area of ​​\u200b\u200bits responsibility?
The current contract establishes sanctions for failure to meet deadlines and failure to correct errors, but now it will not be possible to "take money" from the Contractor for this error.
Thank you! I would be grateful if you could point to the wording of your existing agreements. Our lawyers are afraid to describe the word "mistakes" like fire. I try to help everyone, as a novice project manager. I want to understand how to do it right.

Answer 1

First you need to understand that by holding the contractor financially responsible for the loss of profit due to implementation jambs , this is a dead end, you will scare away all contractors and no one will work with you
It was YOU who did not check the system’s performance, and not the contractor messed up, understand that THIS is the main thing

Answer 2

The question is - how in the future to prescribe the responsibility of the performer for such errors in the area of ​​\u200b\u200bits responsibility?

So write in the contract - turn off the discount on the Bitrix side
. Here the area of ​​\u200b\u200bresponsibility is not clear. From an IT point of view, everything should work and work. How it works should already be spelled out in the contract. A smart performer would bring this setting to your admin panel and say: so you have it enabled.
The lack of testing actually led to this situation. When the project was handed over, it was checked badly. Write checklists for verification in the contract and that's it.

Answer 3

From a legal point of view, it is possible to punish the contractor for poor-quality performance of work, or performance of work not in full (and it was not possible to find out during acceptance). In the general case, the volume and quality of work is prescribed in the TOR. Also in the contract it is necessary to prescribe the procedure for accepting work, for example, in the form of testing.
If, as a result of the operation of the result of the work, it turned out that the contractor violated the terms of reference and these violations could not be detected upon acceptance, you can hold him accountable and probably recover something. Depends on the terms of the contract.
Your lawyers are most likely afraid of the word "mistake" because no one can clearly articulate what exactly is needed from the result of the work.
It turns out the loss of your millions - laziness. The laziness of lawyers when drawing up a contract, the laziness of users of the system when accepting, the laziness of management when working with employees, the laziness of contractors in finding out the real needs of the customer.

Answer 4

You should have a list of required functionality to check, if you did not check or did not include this item for checking, then it was optional for you, this is your shortcoming

Answer 5

You can prescribe anything The
question is how to defend it in court
later This task should be dealt with by your lawyers
The flip side of the issue will be an increase in prices for you by the amount that you include in the contract
You will need to pay the sum insured yourself in advance
How you actually need to resolve the issue
Testing
Acceptance testing
You launch and all technical specifications are checked using the black box method

Answer 6

one department figured out

change accountants and financial director if physical things were sold below cost

Answer 7

1. Detailed, very detailed terms of reference. This will allow you to move from collecting damages (and this is a complex court case) to banal non-payment for work not completed. And you yourself will be able to at least superficially make sure by such a "checkbox" that everything is ok.
2. Make a warranty period in the contract.
3. Select in the cost of work guarantee deductions (5-10% of the total cost), which you will pay only after the end of the warranty period.

Answer 8

There are unintentional errors. There can be no responsibility other than breaking the contract due to incompetence.

Answer 9

In my opinion, in the Russian Federation there is a restriction on such fines in the contract, they cannot be more than 100% of what the contractor received, otherwise the risks are disproportionate.