Court Disputes – IT Contracts

GJW provides legal assistance in court proceedings relating to IT contracts, representing clients in disputes arising from the conclusion, performance, and settlement of agreements concerning technology projects. We support both IT service providers, software houses, integrators, and customers for whom proper performance of the contract is of material operational and business importance. Within the GJW team, disputes are handled by legal advisers and lawyers specialising in IT law, which enables us to protect our clients’ interests effectively in technology projects.

We handle cases concerning, among other things, IT system implementations, software development and enhancement agreements, maintenance agreements, service agreements, IT outsourcing, data migration, infrastructure supply, and projects carried out in both traditional and agile models. We represent clients in disputes concerning delays, defective performance, budget overruns, failure to achieve agreed functionalities, improper acceptance of works, breach of warranty and service obligations, as well as liability for non-performance or improper performance of the contract.

Handling disputes and pursuing claims under IT contracts

Our support includes in particular:

• handling disputes concerning the performance and settlement of IT contracts,

• representation in matters relating to IT system implementations and software projects,

• pursuing claims arising from non-performance or improper performance of the contract,

• defence against claims resulting from delays, defects, faults, or failure to achieve the intended project outcomes,

• handling cases concerning contractual penalties, withdrawal from the contract, termination of the contract, and liability for damages,

• support in disputes concerning project stage acceptances, acceptance testing, and delivery documentation,

• representation in cases involving breaches of confidentiality obligations, information security obligations, and provisions relating to intellectual property rights,

• preparation and conduct of pre-litigation actions, settlement negotiations, and interim relief proceedings.

Our approach

Disputes concerning IT contracts require a combination of legal expertise and an understanding of the specifics of technology projects, the way they are carried out, and the risks associated with the implementation process and cooperation between the parties. Particular importance must be attached to the analysis of project documentation, schedules, acceptance procedures, operational correspondence, and the principles of contractual liability. For that reason, we handle each matter with due regard to its technical, organisational, and business context.

Our objective is to provide clients with effective representation in disputes concerning IT contracts and to protect their interests in matters that directly affect business continuity, operational security, and the economic outcome of the project being delivered. The firm’s team supports clients not only in disputes, but also in the preparation and negotiation of IT contracts and accompanying documents, including amendments and supplementary agreements, taking into account current technological developments, in particular those connected with the development of solutions based on artificial intelligence (AI).