Expert report on Internet portal
This expert report is an example of one of the many types of conflicts that can arise when collaboration is required in the development of an application or software product.
Tab:
- Judicial expert report. Carried out at the request of one of the parties.
- Reason for litigation: Disagreement with the way in which an information portal is implemented.
- Type of report: Judicial Expertise.
- Motivation: Allegation of breach of contract.
Problem raised:
The web page was a portal where information and contents related to a very specific topic were published, it consisted of a "front end" that exhibited photographs, videos, news and novelties, as well as a "back end" from which the whole page could be controlled. There was also an on-line store. The party that commissioned the website argued that it was not functional. The party that developed it argued lack of collaboration: that they were not provided with the necessary content to get it up and running.
Procedure followed:
- Web start-up in a controlled environment.
- Verification and record of all the sections that had been carried out and comparison and valuation of the same against those that appeared in the contracts and exchanges by eMail.
- Chronological analysis of all the contents provided, as well as their publication in the portal.
- Historical Internet search on the actual state of the website at the time it was operating.
Results obtained:
By restarting the website and studying and documenting one by one the sections it had, it was possible to prepare a document comparing everything that was implemented against what was in the contract. In the same way, all the information provided by the other party to publish content on the portal was documented both in terms of content and dates.
In this way, the Judge was able to have reasoned elements of judgment to establish the degree of responsibility of each of the parties in the ongoing litigation.