Creating Project Agreements for Your Custom Programming Jobs

iv>relationship with your client could quickly turn sour.
Before engaging in a formal business relationship,Consulting Contracts for System Integrators
system integrators and custom computer/softwareFor systems integrators, a typical consulting services
programmers need to protect their business interestsagreement identifies the work you are to perform
with appropriate legal contracts.and specifically defines the terms of your working
During the initial stages of project development, ITagreement with the client. It sets the limits of your
professionals often keep informal records by hangingresponsibilities to the client, as well as the terms for
on to e-mails sent back and forth with the customer.price and payment.
While e-mail does provide a written record ofThe agreement also protects your intellectual
correspondence between you and your client,property rights and establishes confidentiality
it’s no substitute for a signed projectstandards to protect both you and your client. It
agreement that clearly states the “who, what,limits any losses for the work you perform and
when, where, how, why and how much” behind aprohibits your client from hiring away your key
project.employees. This type of project agreement also
As part of a good project risk managementlimits your liabilities in the event the client should
strategy, it’s especially important to have asuffer losses due to your errors or omissions.
consulting contract or project agreement in placeOther, separate contracts that systems integrators
before any money changes hands.may need include:
A Good Project Agreement Is Good Project Risk• Employment contracts
Management• Network installation and maintenance agreements
Whether your business is focused on systems• Staffing and placement agreements
integration or custom computer/software• Subcontractor or independent contractor
programming, having a signed project agreementagreements
before you begin an engagement will reduce orThe latter are particularly important because they
eliminate potential complications that could arise duringgovern the relationship between you and any
a project. Most consulting contracts clearly spell out:subcontractors you may bring in on a project, clearly
• Each party’s dutiesoutlining who owns licenses and intellectual property.
• CompensationThis type of agreement can also prohibit your
• Termssubcontractor from taking your client’s
• Expensesbusiness away from you, or from being hired away
• Written reportsby the client.
• ConfidentialityConsulting Contracts for Computer Programmers
• Termination rulesFor computer/software programmers, a typical
Solid project agreements or contracts are a criticalcustom software development agreement is
first step in project management, as well as andesigned to govern the relationship between you and
important element in a project risk management planyour client.
to protect your business. Defining all project elementsA custom software development agreement
up-front and in writing could help prevent legal troubleprotects your intellectual property rights whenever
later, keeping you from spending thousands of dollarsyou are hired to develop software and applications
in legal costs and countless hours in a courtroom.for a client. It sets the terms of use, price and
A good project contract also helps to ensure thatpayment for your work, and gives you the right to
you receive the payment that you and your clientcollect payment for work performed to date, in the
have discussed. Too often, a project is well underevent the client should terminate the agreement.
way when a client suddenly decides not to pay, triesThis type of project agreement generally limits
to lower the price of your work, or changes thewarranties and guarantees related to your work, and
terms. If any of these things happen and your clientcaps your total liability to the client. Such contracts
relationship is not governed by a contract, you couldcan also be used to prevent your client from hiring
lose a lot of time and money, and your goodyour employees away from your firm.