Lubomyr Chabursky has rendered expert opinions and written expert reports in more than 40 lawsuits involving the failure of large transformative IT projects.
Lubomyr Chabursky is a Director in DisputeSoft’s IT Project Failure practice. Lubomyr first developed expertise in large IT project failures as a litigation attorney when he organized and managed the largest systems development lawsuit in Canada. From 1996 until 2002, he provided analysis on all factual, strategic, and technical issues in the case to prepare for deposition and trial. Building upon that experience, Lubomyr honed his skills as a litigation consultant and testifying expert to focus on a variety of issues that arise in large IT project lawsuits, including representation of the business case; adequacy of personnel qualifications; understanding and meaning of contractual terms and SOW provisions; management of requirements, scope and specifications; creation and fine-tuning of designs; selection and implementation of systems development methodologies; execution of risk management and status reporting; recognition of error patterns found in testing; and implication of problems and defects arising after go-live.
Electronic Transaction Consultants Corporation v. Miami-Dade County Expressway Authority
Nature of Suit: Surety investigation regarding claims under a performance bond for expressway software
Role: Testifying expert
- Lubomyr analyzed project documentation, interviewed fact witnesses, and applied applicable industry standards to investigate the factual basis, materiality, and strength of each side’s claims and defenses
- Lubomyr’s expert opinions were used by the trial judge to determine that the county had improperly terminated the contract, thus the surety elected to deny the county’s claims under the performance bond
South Carolina Department of Social Services v. Hewlett Packard State and Local Enterprise Services, Inc.
Nature of Suit: Software project failure matter regarding child support enforcement software
Role: Testifying expert
- Lubomyr analyzed functional and technical design documents to render an expert opinion about the parameters of scope and the degree to which the design implemented contractual requirements
- Lubomyr analyzed the schedule and project management parameters to render an opinion about the ability of the contractor to reliably meet a projected and proposed extension in the project schedule
- Lubomyr testified regarding the causes of delay in system testing based on a numerical analysis of defects, and a qualitative analysis of the nature and breadth of errors
M.B.A., University of Ottawa
LL.M., McGill University
LL.B., Osgoode Hall Law School
B.A., University of Toronto
AREAS OF PRACTICE