Failure to implement an ERP

THE CONTEXT

The policyholder entered into contracts with two market-garden companies for implementing a shared standard ERP and developing functionalities specific to the companies’ business.

Initially planned to last 9 months, the project took almost three and a half years. When the project was over, the market-garden companies believed that the application did not cover the initial scope agreed to in the contract, that the functionalities delivered were defective and that the delays were solely the integrator’s fault.

They summoned the policyholder to appear for legal proceedings in December 2013, asking the Court to order a judicial expertise procedure.

After exchanging multiple submissions, including before the Court of Appeal, the Court granted this request.

GM CONSULTANT INTERVENTION

During the appraisal investigation, which took 6 months, the petitioners produced a list of grievances against the supplier, and submitted a claim for several thousand euros.

In collaboration with the policyholder and its lawyer, GM Consultant drew up a technical and financial argument to respond to the petitioners’ grievances and claims point by point.

After the appraisal investigation, which required a large number of briefs drafted on the basis of a significant number of documents, the court-appointed expert rejected all the grievances and claims against the third party.

Six of the seven grievances submitted by the policyholder, and one specific loss, were upheld.