Troubled Contracts

George Kimball and Mark W. Heaphy

Chapter 11 in Outsourcing Agreements, 2025, pp 300-332 from Edward Elgar Publishing

Abstract: Chapter 11 begins with a discussion of common sources of difficulty, including mismatched expectations, weak preparations, project and transitional delays, and technical difficulties, among others. Difficulties are often rooted in working relationships, attitudes and weaknesses in communication. Some customers secure (but rarely exercise) rights to ‘step-in’ and take over operations. We then discuss measures to address difficulties, through formal mediation or less formal, facilitated processes that can resemble marriage counseling. The chapter moves on to discuss confidential settlement negotiations, proceedings in court or before arbitrators, continuing operations during dispute resolution, and dispute resolution clauses. It concludes with a discussion of failing contracts, the range of potential resolutions (including re-negotiation, restructure, and termination) and ways in which they can be documented.

Keywords: Outsourcing; Business Process Outsourcing; BPO; Information Technology Outsourcing; ITO; Breach; Dispute; Renegotiation; Termination; Step-in; Dispute resolution; Mediation; Arbitration (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035316984
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