The contract said the system would be accepted "after satisfactory acceptance testing". Two years later, each side has its own idea of satisfactory, and the judge asks the expert what the contract never defined.
Acceptance, SLA, escrow, delivery, logs, incidents and data on termination from a forensic perspective: the technical points the clause needs to cover.
In a software project that went wrong, the client says the system does not work and the supplier says it delivered. The examination reads the repository, the database, the support tickets and the acceptance testing to say what was done, when and why it failed. What it cannot do is measure against a criterion the contract never wrote down.
Evidence is lost in the contract itself: acceptance with no criteria, an SLA with no measurement source, delivery as loose files, an escrow nobody ever checked, logs nobody keeps, environments shut down on the day of termination.
The course goes through the clauses that most often end up in a forensic examination: what has to be measurable, who keeps the record and how it is verified. The drafting is the lawyer's. The course provides the technical points.
Pick as many courses as you like: they are kept and arrive ticked on the registration form.
A development contract was terminated amid disagreement over what had been delivered and over the cause of the failures. The repositories were preserved with their full history, and the commits were compared with the acceptance testing up to termination. In a mirror environment, the examination tested the hypothesis that the failures came from the corporate network proxy, not from the code. The expert report established what was ready and where the failures came from.
Client and developer were in dispute over a partly delivered project, each blaming the other. Technical analysis of the scope, the deliveries and each side's dependencies showed shared responsibility. Negotiation on the facts led to an agreement for partial delivery, with no court litigation.
A company received an additional charge from its cloud provider that it did not recognise. From the account records, the examination reconstructed the creation of unauthorised virtual machines and separated them from legitimate use. The additional charge was cancelled.
The groups receive fictitious clauses from a software contract, deliberately written without technical criteria. In 15 minutes, they point out in each clause what an expert would need to measure, what is missing and who would keep the record. They hand in the list of technical points the drafting needs to cover.
Laws and rulings discussed
Law 9,609/1998, art. 4º (Brazilian Software Act) · LGPD, arts. 16, 39 and 42, § 1º, I (Brazil's data protection act) · CPC, art. 381 (Brazilian Code of Civil Procedure) · Roteiro de Métricas de Software do SISP, version 3.0 (Brazilian federal government software metrics guide)
See also
Software and Development Project Forensics → IT Arbitration and Mediation → Information Security and Compliance → Forensic Services in Digital Law and Technology → See all courses →