Silicon Valley Digital Health Law Blog’s Kristie Prinz recently sat down for an interview with Beau Fernald, Fractional COO and Principal of Aware Insights LLC to discuss the topic of software implementation.
One of the most common drafting mistakes in digital health and software contracts is failing to sufficiently define the parties’ mutual expectations for a software implementation. Most digital health and software contracts, in fact, are completely silent on the issue, regardless of the time, financial or other requirements of the implementation, which may be extensive. While Beau is not a digital health or software lawyer and brings a different operational perspective to the issue of software implementation, he offers some additional insight on software implementation mistakes that digital health, SaaS, and software companies make, the consequences of those mistakes, and best practices on how to avoid them altogether. Beau strongly agrees the contention that software implementation understandings need to be articulated and memorialized in a writing to avoid subsequent misunderstandings that may result in a legal dispute.