Provision of software development services: analysing court practice

Software development is a complex process, so it is important to maintain clarity, consistency and, of course, guarantees of achieving the desired result. The terms and conditions for the provision of such services are set out in contracts, often in a mixed form (provision of services/performance of work). However, the parties do not always adhere to the agreements. This results in disputes, often concerning the quality of the software, development deadlines and the transfer of intellectual property rights.

In this article, we will look at court practice regarding contracts in the field of software development and analyse what evidence of performance of obligations, expert conclusions and features of recording the fact of transfer of software products are recognised by the courts.