How to prescribe the responsibility of the it by error?


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Hello! Please help.

I want to know whether Yur. point of view to prescribe the liability of the contractor for errors.

Situation: our company has a website selling parts. Working on 1C Bitrix.
The problem was that "hung out" basket and no exchange between the site and 1C. The contractor said that the problem is in the old platform of Bitrix and offered to update it. After upgrading all the units of our company checked out your site and shut down work.

After a few months, one Department found that some parts were given a double discount. As a result, the firm lost several million.

Explanation: the calculation of discounts is on the side of the site, and 1C. In the "old" version of the platform the discount calculation on the side of the site was deactivated in manual mode by the Contractor. When you update this, apparently, they are forgotten.

Question - how in the future to prescribe the liability of the contractor for similar mistakes in his area of responsibility?
In the current contract provide penalties for failure of terms of execution and failure of the timing error correction, now this error "take money" from the Contractor will not work.

Thank you! I would be grateful, if will stick to the wording of existing contracts you have. Our lawyers are afraid to describe the word "error". Trying to help everyone, as a novice project Manager. Want to understand how to do it correctly.
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7 Answers

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First you need to understand that hanging on the contractor's monetary liability for loss of profit by the fault of the schools implementation is a dead-end road, you will scare off the contractors and with you, no one will work

In the "old" version of the platform the discount calculation on the side of the site was deactivated in manual mode by the Contractor. When you update this, apparently, they are forgotten.

It YOU have not checked the performance of the system, not the contractor screwed up, understand that IT is important
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After upgrading all the units of our company checked out your site and shut down work.

Work has been accepted, departments checked everything and said no problem, so the developer made all the quality.

one Department found that some parts were given a double discount

And then the question arises, did this Department when he was given such a task? Five stars if this school Department who has not fulfilled the test in full?

now for this mistake to "take money" from the Contractor will not work.

And with him and didn't have anything to take, you're all checked and said that everything is OK. Now all claims to the Department that it is unclear how tested the work performed and confirmed the absence of errors.
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Question - how in the future to prescribe the liability of the contractor for similar mistakes in his area of responsibility?

So to prescribe in the contract - off discount on the side Bitrix

Here the area of responsibility is not clear. From the point of view IT should work and works. How it works should be spelled out in the contract. Smart performer brought to this setting in the admin panel and you'd say, so here you have it enabled.

This situation has led to lack of testing. When the project was given up, it checked bad. Prescribed checklists to verify the contract and all.
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From a legal point of view can punish the contractor for defective works, or the execution of works in full(and it was not possible to figure it out for acceptance). In the General case, the volume and quality of work prescribed in the TOR. Also, the contract must prescribe a procedure for the acceptance of work, for example in the form of testing.
If the result of operation of result of works revealed that the contractor violated the terms of the sow and these violations cannot be identified upon acceptance you will be able to bring him to justice and perhaps recover something. Depends on the terms of the contract.

Your lawyers are afraid of the word "error" most likely, because no one clearly can't articulate what you need from the result of the work.

It turns out the loss of your million - laziness. Lazy lawyers when drawing up the contract, the laziness of the users of the system at acceptance, laziness leadership when working with staff, contractors laziness in figuring out the real needs of the customer.
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You must have a list of mandatory functionality for checking if you have not checked or not included this punktile check, so it was optional for you, it's your fault
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Can register anything
The issue then is they get to defend in court

This task should engage your lawyers

The reverse side of the question will increase prices for you on the amount that you put in the contract
Those you'll need by paying the sum insured forward

How to actually need to solve the issue
Testing
Acceptance testing

You run and all of TK is verified by black box
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one Department found out

A few months

change of accountants and the Treasurer, if the physical things are sold below cost
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