Agile software development methodologies are hardly new. But figuring out a way to adequately contract for them in IT outsourcing deal is.

“Under traditional contracting approaches, there is an assumption that the development team can define, with some specificity, the ultimate ‘thing’ to be created supported by a detailed project plan and key milestones tied to client acceptance and financial payment triggers,” says Derek J. Schaffner, attorney in the Washington, D.C. office of law firm Mayer Brown. “These concepts are very easy to memorialize in a development agreement due to the linear nature of a traditional software development approach that commences with detailed planning, followed by design, coding, testing and deployment.”

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