DisputeSoft was engaged as a testifying expert in June 2020 by Plex Systems, Inc. (“Plex”) in the matter of Eaton Steel Bar Company, Inc. v. Plex Systems, Inc.
In this proceeding before the Michigan Circuit Court for Oakland County, Eaton Steel Bar (“Eaton”) claimed that Plex had breached a contract to configure and implement a cloud-based enterprise resource planning (“ERP”) system on Eaton’s behalf.
In June 2016, the parties entered a contract under which Plex agreed to customize and install a replacement for Eaton’s legacy ERP system. After multiple project delays, Eaton terminated the agreement and brought suit, claiming that Plex had misrepresented the suitability of its software for Eaton’s business requirements and failed to provide adequate project staffing.
Plex subsequently engaged DisputeSoft to review the document record and deliver expert testimony on key issues in the dispute.
As testifying software experts for Plex, DisputeSoft:
- Interviewed project staff and reviewed fact witness testimony to determine whether the parties upheld their respective software testing responsibilities.
- Reviewed project plans, project status reports, and product release notes to determine when Plex delivered key software functionality.
- Reviewed project correspondence to determine whether Eaton staff understood the need to update its business processes to ensure compatibility with the new software.
- Reviewed defect records to determine responsibility for addressing critical defects and whether such items were timely resolved.
DisputeSoft expert Todd Trivett delivered deposition testimony on July 6, 2020, opining that Plex disclosed functional gaps in its existing product, employed a sales process that was consistent with industry standards, and made commercially reasonable efforts to satisfy Eaton’s business requirements within the intended timeline. The parties entered a settlement agreement in October 2020 for an unspecified amount.
Learn more about our Software Project Failure Services
DisputeSoft provides software project failure expert witness services to law firms engaged in complex software disputes.
Related Experts: Todd Trivett, Tom Ashley
Service Area: Software project failure