DisputeSoft was engaged as a testifying expert by Rite Aid Hdqtrs. Corp. (Rite Aid) in July 2019 in the matter of PCMS Datafit, Inc. v. Rite Aid Hdqtrs. Corp. before the Delaware Court of Chancery.

    In March 2015, Rite Aid contracted with PCMS Datafit, Inc. (PCMS) to provide a point of sale (POS) system and related software support, licenses, and ancillary services. In April 2018, Rite Aid served on PCMS a formal notice of a purported breach of the agreement. Following discussions between the two parties, Rite Aid terminated the agreement on June 1, 2018 and declined to pay remaining invoices. PCMS filed a breach of contract suit on June 29, 2018, alleging that Rite Aid failed to perform its obligations under the agreement, and sought to terminate the agreement after corporate mergers with competitors Walgreens and Albertsons rendered the new POS software obsolete.

    Nature of Dispute

    PCMS alleged that Rite Aid:

    Caused project delays due to a quality assurance (QA) environment error that took approximately two months to resolve, and failure to properly load data into their QA lab.
    Removed key IT personnel from the project and staffed inexperienced team members, resulting in errors, inefficiencies, and delays.
    Frequently requested new and out-of-scope functionality.

    Our Services

    As a testifying expert for Rite Aid, DisputeSoft:

    Reviewed and analyzed project documents, including deliverables, project schedules, and ALM and Jira defect data exports.
    Conducted a defect analysis through assessment of defect open and close rates.
    Performed schedule delay analysis through an assessment of project timelines and milestones.

    DisputeSoft incorporated our analysis and findings into an expert report and assisted counsel with deposition preparation. The case settled prior to submission of our report.

    Learn more about our Software Project Failure Services

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