ERP and bespoke software projects: what the contract must say so you can claim if things go wrong

Expert reports on failed ERP, CRM or mobile app implementations show the same pattern again and again: the technical problem is real, but the contract cannot prove what was supposed to be delivered, or when.

What contracts usually lack

  • A defined scope (Statement of Work): which modules, features and processes the system must cover.
  • Verifiable milestones and deliverables per phase, tied to payments.
  • Acceptance criteria: how to check that a feature is finished.
  • A signed acceptance and go-live record.
  • Change management, risks and each party's responsibilities.

What to document during the project

  • Every issue, in writing and dated.
  • The versions delivered and the tests you run on them.
  • The hours your own staff spend on it: they are quantifiable damage if the project fails.
  • Any invoice for items you did not order.

If the project has already failed

  • Do not shut down the environments or delete data: direct inspection of the systems is the strongest evidence.
  • Gather the contract, quotes, invoices and emails.
  • An expert can compare what was contracted with what was delivered, feature by feature, and quantify the loss.

Guides & resources