Part II
1) The accuracy
Examples:
Example 1: The customer insists that the project Scrum should be used as the project methodology. The sprint logs are sufficient as a description of the agreed quality, against this documentation should be accepted, according to the lawyer.
BSP 2: The customer wants against the specifications.
a.) In Part I I had explained that every iota of precision about which functions and features the software should have in which software should have in which system environment helps the contractor. I am aware that this requirement cannot be properly enforced, especially in agile projects. properly in agile projects. Even outside of agile processes, there is no complete documentation. There is a lack of time and money and sometimes the client does not have the staff to explain the task to the contractor's programmer contractor's programmer the task so well that the programmer understands the task. programmer also understands the task.
b.) Solutions
aa.) Rejection of the individual instruction
According to a decision of the decision of the BGH, the contractor can refuse to carry out the tasks on the basis of the and demand further specification of the requirements if it comes to the conclusion that the the conclusion that the requirements are not described clearly enough. described clearly enough. If the contractor is to participate in the concretization of the planning he must be remunerated for this.
The planning phase can be very expensive be very expensive. The client would actually have to carry out the planning services themselves own or external employees. It is estimated that the client for every hour he pays the contractor, the client incurs three to six times the amount costs for its own employees.
As discussed, the contract law protects the client in the first step through the wording of § 633 II BGB. client. You can - without having to negotiate a line of contract text in the contracts the statements of the Federal Court of Justice and repeatedly point out that you must point out that the quality of the documents that reflect the requirements of the the client's requirements is not sufficient and that you reject them and oblige the client to make improvements.
I also say that I don't think this I don't think this is a wise approach. According to § 648 BGB, the client has a right of termination, which he can assert without giving reasons. If he comes to the conclusion that it is not possible to work well with your company, he will terminate the contract and you will be rid of the customer.
bb.) Hybrid contracts
My favorite are the hybrid contracts. These allow the client to choose whether to proceed with contract for work and services law (then with correspondingly precise specifications) or the service contract law to be applied. Everything produced during the software design or creation phase may only be used productively after extensive be used productively after extensive testing. Here, too, the client has the choice. If he wishes to apply the law on contracts for work and services, he must documents that can be used to check whether the service has been provided.
c.) Legal solutions
I have explained above that the planning phase is shortened on the part of the customer because he has problems with deadline, cost and personnel problems. The law on contracts for work and services promises better planning security than the law on service contracts. This security can be by choosing the law on contracts for work and services. Due to the consumer-friendly version of the law on contracts for work and services, he can save money in the planning phase save money in the planning phase, but can assert all warranty rights.
The legal solutions to the problem of problem of inadequate planning range from changes to the burden of proof to a limitation of liability. As they differ greatly from the legal requirements of the law, it is recommended that the regulations only be applied if individual individual agreements have been concluded with the customer.
aa.) Reversing the burden of proof (ie, the customer must prove that the order was not fulfilled) is of little use if the customer does not pay. There will only be a solution in court proceedings and then you have lost the customer.
bb.) Most legal attempts are made to limit the claims for rectification and correlating correlating claims for damages, e.g. by agreeing that the IT company is to invoice company should charge for rectification work on a time and material basis. If a rectification carried out, the client initially pays for the rectification on a time and material If a limit is exceeded, the IT company itself pays the costs of the rectification work exceeding the limit. the costs of the rectification work in excess of the limit. This limit is then adjusted from year to year.
cc.) Limitation of restitution, reduction and claims for damages
In any case, it is important to right of the customer to a refund of the remuneration already paid.
That doesn't fit together. The planning phase is the customer's responsibility. If he saves money here, he has to cut back on the the warranty. And this can also be done by reducing the compensation, restitution and reduction claims of the customer to e.g. 50% of the remuneration already paid remuneration.
Part III
Against which contractual agreement is to be accepted?
Implied acceptance
