Expert analysis and advice for technology projects, disputes and claims.
Kroll’s analysis and advice helps lawyers, loss adjusters, insurers and corporates with some of the world’s largest technology projects, disputes and claims. We’re leading providers of expert witnesses, reports, investigations and project advice across a range of technology, data security, telecommunications and cyber risk issues.
Our team has decades of experience with technology-based CRM, ERP and other transformation projects, implementations and outsourcing agreements. We offer robust, informed analysis and advice on failures, delays, overspends and losses. We also advise on best practice and fitness for purpose for IT, telecoms, software, hardware, infrastructure and data center projects.
With a multidisciplinary team of world-class professionals, Kroll also offers expert opinion on warranties relating to technical deliveries, IT systems and licensing, as well as on intellectual property and software copyright. Our electrical engineering team, meanwhile, brings deep technical expertise in the design, installation and commissioning of electrical building services and products. We have extensive experience dealing with data center disputes which often cut across multiple technology service lines.
IT, Telecom and Engineering Disputes
Kroll offers support at every stage of a dispute, from identifying technical issues and drafting expert witness reports to oral testimony in litigation, arbitration and adjudication.
We draw on deep technical knowledge and a thorough understanding of the litigation process. Our services include sophisticated digital forensics and data analytics, as well as expert analysis of project documents and agreements to establish the root causes of failure.
Supporting cases in both courts and international arbitrations, our analysis can help our clients, insurers and loss adjusters determine and value claims and assess quantum. Pre-action advice may also help avoid legal action and inform negotiations.
Disputes in technology implementations can arise at all stages of a project. Often, they follow a notice to terminate before going live or on issue of an invoice. We bring expertise across the wide range of issues that may be involved: delays, overspend, scope creep, levels of defects, lack of requirements, testing levels, inconsistent data, governance, change management processes and inadequate training.
Fitness for Purpose
The quality of software, computer systems or other deliverables is often at the center of a dispute. With experience managing and delivering large technology-led projects, Kroll’s experts are well placed to provide opinions on hardware, software or infrastructure and whether a project was managed and delivered with reasonable skill and care.
We can examine system hardware or software functionality, even in an unfinished state, to establish how it aligns with contract requirements or technical specifications. Our experts have a broad range of backgrounds with deep experience across the technology delivery lifecycle: from systems development to running software delivery companies and technology procurement for large corporations.
We have been instrumental in securing settlement in cases though establishing a clear understanding of what went wrong with the technology or project management. We regularly support legal representatives and their clients in mediations or other alternative dispute resolution situations.
We regularly assess quantum and give opinions on equipment replacement values or mitigation systems, particularly in electrical engineering disputes and insurance and loss adjustment cases. Our experts have experience across the supply chain and report on quantum and valuation issues for all technology related disputes.
The Project Management Office (PMO) is at the heart of technology project implementations. The function’s responsibilities include program management, compliance, requirements traceability, reporting and forecasting. Our experts are trained in project management methodologies, such as Prince 2. We frequently provide opinions on the effectiveness of the PMO and its role in the project failure.
Delay and Disruption
Problems in technology projects usually result in delays, sometimes of several years. Understanding the length and cause of delays, as well as the responsibility for them, is critical in disputes.
Kroll has the key skills required to provide forensic analysis of outsourced technical delivery program delays and the root causes of failure, including:
- Expert delay analysis that forensically examines critical dates, deliverables and events throughout the project to build a critical path. This is primarily done by analyzing program schedules, meeting minutes and contemporaneous documents.
- Specialist review of the core technologies to be delivered during the program and their relevance to the critical delays identified by the above analysis. We do this by reviewing contemporaneous records, design drawings and technical reports.
Kroll provides damages expert witness services for technology claims. Our experts have experience in all manner of large-scale technology projects and frequently work with other technical and market experts.
From breach of contract and breach of warranties to business opportunity losses, our experts are well placed to give advice, assessments and oral testimony.
Virtually every area of an organization today is digitally interconnected. No matter where, when or how you need help, Kroll is the partner to call first, with industry and technical experts, unique insight and trailblazing technology.
Beyond the risks of accidental data leakage or malicious actor threats, Kroll experts also look at cyber security through the lens of “unintended consequences.” From system upgrades or a move to the cloud, to applications meant to improve the customer experience and integral third-party relationships, one misstep can cascade into fraud, ransomware, data breaches and more; not to mention regulatory action, civil litigation and reputational damage. That’s why we’ve structured our practice to deliver end-to-end solutions quickly and seamlessly, anywhere in the world.