Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Reducing the Risks of Being the Next ERP Failure

By Marcus Harris on September 30, 2020
Email this postTweet this postLike this postShare this post on LinkedIn

Failed ERP software system implementations and integrations happen frequently and the problems are legion. However, there are ways that organizations can avoid their own failures. In a recent Taft Technology Insights post, we discussed how to avoid a failure if restarting a deferred integration during COVID-19.

We are frequently retained by companies whose projects are in such disarray that vendor or integrator relationships are beyond repair and disputes are heading to court. We spend a considerable amount of time reviewing contracts, emails, reports, and memos, and speaking with key figures as part of negotiating a settlement or preparing a court argument. Over the years, we have seen patterns emerge where the reasons behind the failure of the ERP software system could have been uncovered and corrected long before reaching the point of no return.

While not all ERP failures can be avoided, many can be salvaged if the user takes certain steps – often beginning when the project is first being considered.

Mitigating Risks of ERP Failure

Along with working with an independent, technology-agnostic consultant from the outset, a user can do several things internally to mitigate risks or salvage an implementation that is in trouble.

The Boy Scouts’ “be prepared” motto is applicable for ERP projects. The ERP contract should require weekly or monthly project status reports, and include a senior-level contact at the integrator who isn’t part of the project team to review both progress and challenges.

Beyond this, the user should consider having a “go team” on standby to swoop in at the first sign of a problem. The team would conduct an assessment to identify the likely root cause of the issue. Members of the group must be familiar with ERP and the business goal of the new installation or upgrade and might include people from the user’s IT department, plus finance and operations.

Often, the root cause of the problem can be discovered by the go team and fixed by the integrator.

If the first intervention is unsuccessful, it may be time to bring in a consultant to review the project and determine steps to right side the implementation. When an ERP project derails because the actual integration plan bore little resemblance to the project plan, it is sometimes the result of senior management’s inattention. Whatever the cause, it is critical to determine if the project can be saved. Efforts spent on righting the project will cost less and have less impact on the business than starting over with a new software product or litigating the dispute in court.

ERP Misaligned with Requirements

In preparation for filing a failed ERP implementation lawsuit, we typically conduct an extensive review of project documentation. Sometimes the project documentation does not align with the business requirements of the ERP software system. The requirements should be written into the contract and the project plan, so if a dispute arises it becomes part of the legal agreement between a user, vendor, and integrator.

When this information is missing or inadequate, it triggers a variety of issues. As one example, there are occasions when we discover that the integrator staffed a project with unqualified individuals.

Whenever we negotiate and draft a contract, we try include a provision that allows for the approval and replacement of consultants.

Not Foolproof

Obviously, there is no way to foolproof an ERP software system against failures. It is an incredibly complicated management tool tying together suppliers, factories, inventory and warehouses, invoicing and payments, and employee information. With so many moving parts that all need to work together smoothly, it is not uncommon for something to go wrong.

It is incumbent upon users to not only draft a solid contract but also to draft contingency plans that allow a successful intervention as quickly as possible when an issue arises.

Taft’s Technology lawyers have extensive experience negotiating and drafting ERP contracts with vendors and integrators, and litigating disputes when they arise. Whether you are launching a new ERP initiative, upgrading a legacy system, restarting a project delayed due to COVID-19, or resolving a dispute with a vendor or integrator, we can help.

Photo of Marcus Harris Marcus Harris

Marcus has established one of the country’s leading practices devoted to drafting and negotiating Enterprise Software related licenses, implementation and SaaS agreements, as well as litigating failed software implementations in courts and before arbitration panels across the country. He is one of the…

Marcus has established one of the country’s leading practices devoted to drafting and negotiating Enterprise Software related licenses, implementation and SaaS agreements, as well as litigating failed software implementations in courts and before arbitration panels across the country. He is one of the foremost attorneys in the country representing government entities, distributors and manufacturers in recovering damages arising out of failed Enterprise Resource Planning (ERP) software implementations.

Read more about Marcus HarrisEmailMarcus's Linkedin Profile
Show more Show less
  • Posted in:
    Technology and AI
  • Blog:
    Taft Technology and Artificial Intelligence Insights
  • Organization:
    Taft Stettinius & Hollister LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo