Contracting for Agile Software Development: Structuring Iterative Deals

39 questions on contracting for agile software development, answered and cited by the UpLaw editorial team.

• Can a customer effectively cancel an Agile project by emptying the backlog?
• Can informal Agile communication accidentally form a binding contract?
• Can regulated industries and government agencies use Agile?
• Can user stories substitute for a technical specification?
• How does AI-assisted coding complicate an Agile development contract?
• How do you build an evidentiary record on an Agile project?
• How do you handle scope change in an Agile project without a change order for every change?
• How do you write a warranty when there is no fixed specification?
• How should a capped, not-to-exceed time-and-materials clause be drafted?
• How should a limitation of liability be adapted to sprint-based pricing?
• How should a sprint acceptance mechanism be drafted?
• How should dispute escalation and termination be structured in an Agile contract?
• How should security and privacy obligations be built into an Agile contract?
• Is a fixed-price contract ever appropriate for an Agile project?
• Is custom software a “good” governed by UCC Article 2?
• What contract architecture suits an Agile engagement?
• What is a “cardinal change,” and why does an Agile contract need a material-pivot clause?
• What is Agile, and what does the Agile Manifesto say?
• What is an implied license, and why is it a poor consolation prize for a software customer?
• What is the difference between background IP and project IP?
• What is the difference between substantial performance and perfect tender, and why does it matter to a software deal?
• What is the difference between the “definition of done” and “acceptance criteria”?
• What is the double edge of incremental acceptance?
• What is the drafting checklist for an iterative software deal?
• What is the right IP ownership clause for a custom software build?
• What is waterfall software development, and how is a waterfall contract structured?
• What open-source controls belong in an Agile development contract?
• What pricing models work for an Agile engagement?
• What Scrum terms does an Agile contract have to define?
• What service levels and metrics work for an Agile project?
• What should an Agile statement of work contain?
• When should IP ownership transfer in an Agile project?
• Who owns custom software code by default?
• Why are remedies harder to prove in an Agile dispute?
• Why does a fixed-price, fixed-scope contract fail on an Agile project?
• Why does Agile amplify open-source license risk?
• Why doesn't calling custom software a “work made for hire” work?
• Why is acceptance a legal event, and what does Agile do to it?
• Why should the product owner be treated as a contractual office?