Software development contractual issues susan atkinson


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Software development contractual issues susan atkinson

  1. 1. SOFTWARE DEVELOPMENT CONTRACTUAL ISSUES S usan Atkinson gallenalliance S olicitors IFC LA 2010 C onference Helsinki 11 June 2010
  2. 2. A G ILE – ITE R A TIV E DE V E LOPM E N T Test Plan ITERATION 1: SOFTWARE Build Design Test Plan ITERATION 2: SOFTWARE Build Design Test Plan ITERATION 3: SOFTWARE Build Design
  3. 3. A G I L E M A N I FE S T O Lack of Lack of contractual contractual certainty certainty Responding to change Individuals & interactions over over following a plan processes & tools Thank you for Customer collaboration Working software over over contract negotiation comprehensive documentation Allocation of Lack of responsibilities contractual problematic certainty
  4. 4. W A T E R FA L L – S E Q U E N T I A L D E VRequirements N T ELOPM E Analysis Design Thank you for Development Testing SOFTWARE
  5. 5. T H E W A T E R FA L L C O N T R A C T I S FL A W E D 1. R equirements are fixed at the start of the project 2. C harges and key milestones are also often fixed at the start of the project 3. Analysis, design, development and testing occur sequentially Thank you for 4. Testing is used as a contractual tool 5. The contract is based on a contract for the supply of goods
  6. 6. A C OM PA R IS ON OF A G ILE AN D W A T E R FA L L C O N T R A C T S N a ture o f a W a terfa ll C o ntra c t R equirem ents fo r a n A g ile Waterfall contract Agile contract C o ntra c t R equirements up-front R equirements evolve C hange control mechanism for C hanges in requirements are changes in requirements accommodated as part of the development process O ften requirements, charges and key O nly charges and key milestones are milestones are fixed at the s tart of the fixed at the start of the project project Analysis, design, development and Time-boxed iterations of s hort duration testing occur sequentially with concurrent design and development cycles Testing as a contractual tool Testing forms an integral part of the development process M easure agains t requirements only M ultiple metrics for gauging level of productivity and quality of code C ontract for the supply of goods C ontract for the provision of services
  7. 7. E I G H T FE A T U R E S O F A N AG ILE C ON TR A C T Thank you for
  8. 8. 1. C O N T R A C T FO R T H E S U P P L Y O F S E R V IC E S GOODS SERVICES Waterfall contract Agile contract k you for
  9. 9. 2. FR A M E W O R K A G R E E M E N T • C omprises multiple packages of work known as ‘releases’ • R eleases called off under a framework • The aim of a release is to develop the ‘M inimum M arketable Features’ (M M F) Thank you for • R elease completion date is agreed • NO TE : A committed start-up phase may be necess ary
  10. 10. 3. I T E R A T I O N S A N D M E T H O D O L O G Y • M ethodology agreed at the outset of the project • M ethodology for an iterative process • E ach iteration comprises a design/ development loop of “plan it, do it, test it, measure it” Thank you for • At the end of each iteration there s hould be fully tested software that is ready to be deployed
  11. 11. 4. C A P A C I T Y T R U M P S FE A T U R E S • For each release the supplier commits to deliver a certain amount of capacity by the date on which the release is to be completed • At the start of each iteration the parties agree which features are to be worked on for that iteration Thank you for • Features for the current iteration are a firm commitment at a project level BUT not in the contract • Features for all future iterations may - and probably will - be further refined • No need for contract change mechanism
  12. 12. 5. C U S T O M E R I N V O L V E M E N T I S C ON TR A C TU A L R E QU IR E M E N T • Fully empowered ‘P roduct Owner’ available on a daily basis • R oles of the P roduct O wner:  P rioritise features at the start of an iteration Thank you for  C larify features as and when required  Validate test criteria for all features  P rovide feedback at the end of each iteration and throughout the project
  13. 13. 6. C H A R G I N G M E C H A N I S M S • C harges should not drive unwanted behavioural patterns • Various mechanisms Thank you for
  14. 14. 7. C O N T R A C T U A L C E R T A I N T Y • For each release commitment to:  C apacity  C ompletion date  C harges Thank you for
  15. 15. 8. K E Y I N D I C A T O R S • M etrics of productivity:  Velocity – rate of progress  Feature cycle time – speed of development  D evelopment payload – proportion of ‘value’ delivered Thank you for the working software: • M etrics of  D efect density – accuracy of code  Unit test coverage – robustness of code  C yclometric complexity – quality and elegance of code
  16. 16. S O FT W A R E D E V E L O P M E N T C ON TR A C TU A L IS S U E S S us a n A tk ins on g a llena llia nc e S o lic itors 12th Floor The Broadgate Tower 20 Primrose Street London E C 2A 2E W United Kingdom Tel: +44 20 7956 2475 E mail: satkinson@