Span Systems Memo To:Kevin Grant From: CC:Harold Smith involution: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 bespeak that all unfinished code is transferred and has likewise asked for a rescission 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 surface 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 following risks argon derived from the UCC laws. Ther’s complaints were that our deliverables over the past few months were pot schedule and of poor quality. He could argue for material pick apart of contract on the basis of performance, even saveugh our streetwise delivery time is +2 d ays. Our contract allows us ± 5 days. Our contract also states that we will accommodate “ordinary requirements changes,” tho the facts ar that C-S has increased the user and system requirements beyond ordinary, and a change in the C-S project management structure has direct to longer turnaround after review and approval of suitable 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 pose that we contrive five defects per deliverable when there should be none. We are all aware that C-S has a deadline for which they absolutely must perplex 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 compan y and may have already released some of our ! code to get them...If you finish to get a full essay, order it on our website: OrderCustomPaper.com
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