DisputeSoft was engaged as a testifying expert in November 2010 by the defendant in the matter of GC Services Limited Partnership v. Ontario Systems, LLC, et al., a software project failure dispute before the District Court of Harris County, Texas. The lawsuit is related to the licensing and implementation of accounts receivable management software.

    On June 25, 2007, GC Services entered into a Software License and Service Agreement (SLSA) wherein Ontario Systems, LLC would provide licenses for the company’s Artiva Agency and Enterprise Software (Artiva), and a Professional Services Agreement (PSA) wherein Ontario Systems would provide the consulting services necessary to accomplish the configuration, customization, and installation of the accounts receivable management software.

    Nature of Dispute

    After experiencing a number of issues throughout the configuration and installation process, GC Services filed suit in July 2009 alleging that Ontario Systems:

    Misrepresented the quality, functionality, and versatility of the Artiva software, and the ability of Ontario Systems to configure, customize, and install Artiva to meet the needs of GC Services.
    Caused the project to be fraught with delays and cost overruns as a result of a failure to provide adequate staff and professional services, in addition to the failure of Artiva to provide the functionality detailed in the agreement.
    Concealed its plan to abandon the Artiva software and develop a new replacement system, forcing GC systems to continue to spend money to configure Artiva or switch to a new software solution.

    Our Services

    As software experts, DisputeSoft performed the following services:

    Traveled to Houston, Texas and performed a forensic acquisition of data as well as an extensive analysis and reconstruction of systems from the forensically acquired databases and images.
    Reconstructed the software environment from the ground up to perform functional testing and examine the system architecture, which revealed evidence that the system had been spoliated.
    Rebutted allegations of system instability and poor project management through extensive review of case documentation, deposition testimony, and project management standards.

    Managing Director Todd Trivett proffered a rebuttal report on behalf of Ontario Systems, and assisted counsel in preparing questions for deposition of the opposing expert. The case settled under confidential terms.

    Learn more about our Software Project Failure Services

    DisputeSoft provides software project failure services to law firms engaged in complex software disputes.