In this episode, Jane Parker and Hannah Jaques, share practical legal insights on how to effectively navigate tech project disputes.
[00:30] Jane and Hannah begin by outlining the initial steps parties should take when signs of tech project trouble begin to appear, such as cost overruns, technical failures, or deviations from the contract.
[01:48] Jane highlights the importance of reassessing operational objectives from a commercial perspective once a dispute arises, and how this reassessment can shape the approach to resolution.
[04:07] Hannah emphasises, that from a litigation perspective, finding “solid ground” is crucial. This begins by understanding what was contractually agreed (including any contractual variations) to frame the legal context of the issues.
[05:08] Jane and Hannah discuss best practices for managing internal and external communications during a dispute to safeguard a party’s legal position and support a favourable outcome, highlighting the roles of discovery and legal privilege in this process.
[11:20] Hannah and Jane assess the strategic and legal risks associated with some practical resolution approaches, including withholding or demanding payment, de-scoping or re-scoping timelines and deliverables, and engaging in “without prejudice” discussions.
[15:21] They discuss the legal intricacies of termination rights and the risks of getting it wrong, especially when alleging material breach. They stress that obtaining legal advice is the key to avoid inadvertently triggering your own liability.
[16:00] Finally, they examine the role of formal dispute resolution mechanisms in tech disputes, considering how factors like confidentiality, timing, and enforceability should inform strategic decision-making.
Information in this episode is accurate as at the date of recording, Wednesday, 3 July 2025.
Please contact Jane Parker, Hannah Jaques or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode.
For show notes and additional resources visit minterellison.co.nz/podcasts
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