Friday, January 18, 2002

 
Mike and I were discussing one of Doug Kaye's tips from his book Strategies for Web Hosting and Managed Services. The tip reads:
Challenge prospective vendors to exclude from acts of God any services that they claim are particularly robust during their sales cycles or in their marketing materials. Whatever their reaction, protect yourself against acts of God by purchasing insurance.
Here are a few thoughts:Force Majeure clauses and insurance coverage should always be negotiated by an attorney. However, we technical professionals should be familiar with the legal aspects of contracting and outsourcing. To that end there are some resources that will get us up-to-speed if we're not already there. Do bear in mind that laws change rapidly, as do the interpretations of the law. Knowing something about contracting law does not absolve one from the responsibility of seeking the guidance of an attorney. That said, here are a few resources:Some additional resources that are worth reading is a comprehensive list of risks that should be examined for outsourcing and project management. I also like Ernst & Young's whitepaper titled E-Business Leading Practices to Consider and the list of Managed Service Provider Association's Whitepapers.

Citations:

1 Effect of Acts of War and Terrorism on Contractual Obligations (includes detailed discussion of Force Majeure)
2 Paper on Force Majeure
3 New Developments Re: Force Majeure Clauses





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