The Specter ofLitigation

Tim Lister

SIM New YorkNovember 13, 2000

The Specter ofFailure

The Specter ofFailure

Without a Technical Reason

Might rain?

Background

I serve as an expert witness inlitigation over project failure

I am an arbitrator for theAmerican Arbitration Assoc.

I have never found a case of an “unlucky” project

The A.A.A.

There is alwaysa social context

World of technical issues

World of organizational issues

World of expectations

World of politics

The clienthates us.

Getting to the contract

Until there is a spec there canbe no assumption of agreement.

The Spec IS the contract.

Lawyer on the CONFIRM project…The contract took so long to build and for all parties to agree to sign,We knew there would be trouble.

Contract typesfit in the life cycle

analysisdesign

code & test

feasibility

Cost plus?

Fixed price?

Incentive?

FATAL!!!

Some projects never get to contract.They never have a spec.

“The functionality of this systemIs completely described in Appendix A,The Functional Specification.”

~Arbitration 1999

Closing the loop

SYSTEM(What we agree to make.)

Online order+payment

cancellation

Gift order+payment

Ship list

EFT

Customerinfo

Making sure youhave a spec

Somewhere at about 20% of theproject duration spent, you shouldhave a context diagram

If you don’t, stop all otheractivities and spend full effort on completing one.

When you get one, make it yourproject logo

Another Artist’s Sketch

Be very cautious

The Contractor built something without an Appendix A

For CONMFIRM all signed “the spec”

The FAA spec was a “hard read.”

Were they all fools?

Counter-implementation

Information Systems andOrganizational ChangePeter G.W. KeenSloan School of Management, MITCommunication of the ACM January 1981, Vol24,No1

We are embedded in politics. Our projects are always politicalbecause they cause change... the scariest kind of change:shift of power.

DivertingResources

DeflectingGoals

easy lifeeasy money

budget

pork barrel

pile on

up for grabs

keep the peace

DissipatingEnergies

tenacity

territory

not ourproblem

odd manout

reputation

To Take Away

You are always ina political situation

Who will gain; who will lose?Where are you vulnerable?

When people appearirrational, look formotivation.

Thank you for inviting me.Thanks, Jerry.

Tim ListerThe Atlantic Systems Guild(212) 620-4282lister@acm.org