Span Systems Memo To:Kevin Grant From: CC:Harold Smith exit:10/30/2009 Re:Citizen-Schwartz Contract Kevin, As you argon aw be, Leon Ther is unhappy with our performance, specifically the timing and prize of our deliverables. He has request that all unfinished code is transferred and has likewise asked for a recission of our contract. We obviously cannot let this happen. I permit assemb direct a summary of the legal risks, opportunities, and alternatives in this situation. Please check come to the fore the interest and respond with your advice. Because our contract with C-S was signed here in the United States, we will follow the rules of the Uniform Commercial Code. The pursual risks are derived from the UCC laws. Ther’s complaints were that our deliverables over the past few months were bum schedule and of poor quality. He could argue for material intumescence of contract on the basis of performance, even providedugh our cutting-edge delivery tim e is +2 days. Our contract allows us ± 5 days.
Our contract also states that we will accommodate “ordinary requirements changes,” tho the facts are that C-S has increased the user and system requirements beyond ordinary, and a change in the C-S project management structure has light-emitting diode to longer turnaround after review and approval of break products. Ther maintains that he has not seen any “major increase in scope,” but our numbers leaven that the size in functions points for the projects are 1015, when we had planned for a size of 940. Current quality measures channelise that we contrive five defects per deliverable when there should be no ne. We are all aware that C-S has a deadlin! e for which they absolutely must produce the finished software. If we are unable to provide our product by this deadline, C-S can legally collect for compensatory damages. Our marketing manager in London has just informed me that C-S has been negotiating with an Indian company and whitethorn have already released some of our code to get them...If you issue to get a full essay, order it on our website: OrderEssay.net
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