IT Contracting: Focus on Quebec Part II – Use Best Efforts Not to Rely on “Best Efforts”
This is the second of three contributions focusing on certain peculiarities of Quebec’s civil law legal environment within North America (Part I can be found here).
While outsourcing and sophisticated professional IT services agreements typically deal with quality and performance issues through mechanisms such as service levels, penalties and credits, warranties and other related concepts, one will occasionally come across a client request to have the vendor commit to using “best efforts” to achieve a certain desired result. Vendors typically bark at this as they fear that such a commitment might be open-ended and require the deployment of resources . . . [more]


