Contra Expertise
The risks of software and IT-related damage claims
Software plays a vital role in business operations. When a software error, failed implementation or cyber incident leads to financial damage, the consequences can be substantial. Companies and organizations often rely on insurers, software vendors or IT service providers to assess the damage and arrange compensation.
However, differences of opinion can arise regarding the extent of the damage or the root cause of the problem. In such cases, an independent second opinion can help clarify the impact and identify realistic solutions.
Independent assessment for software and IT disputes
We support companies and organizations in evaluating software and IT-related damage claims by offering a clear, independent assessment.
A supplementary and objective evaluation
Businesses may benefit from an unbiased second opinion in various scenarios, such as:
• Software not performing as expected – A supplier delivers software that does not meet the agreed functionality or performance requirements.
• Implementation issues – ERP, CRM or other mission-critical systems underperform due to misconfigurations or technical faults.
• Data loss or corruption – Software errors or faulty backups result in loss of business-critical information.
• Cyber incidents and security failures – Inadequate software security causes data breaches or exposes other vulnerabilities.
• Uncertainty around compensation – Disputes arise over the extent of damages or the compensation offered by an insurer or supplier.
A second opinion by an independent expert can deliver additional insights and a fact-based view of the damage and its potential consequences.
Technical analysis of software issues
Our specialists conduct a comprehensive assessment that examines:
• The functionality and stability of the software
• Possible root causes, such as coding errors or misconfigurations
• The impact of the issue on business operations
Assessment of contractual obligations
We assess whether software vendors or IT service providers have fulfilled:
• The agreed service levels (SLAs)
• Contractual commitments regarding performance, maintenance and security
• Legal and compliance requirements relevant to the software
Damage assessment and reporting
We provide a clear report that includes:
• The identified technical issues and their impact
• Potential recovery options and associated costs
• The involvement of the vendor or insurer in resolving the damage
Support during negotiations and disputes
If needed, we support organizations with:
• Discussions with insurers or software vendors regarding compensation
• Substantiating damage claims through technical and legal analysis
• Arbitration or legal proceedings if further steps are required
What are the benefits of a second opinion?
Independent assessment
Our analysis is based on objective, verifiable criteria and free from commercial influence.
Clarity on damage and recovery options
A clear overview of the impact and possible solutions for repair or mitigation.
Support in complex software claims
A technical foundation that helps clarify disputes and support decision-making.
Potential cost coverage
In some cases, the cost of a second opinion may be partially or fully covered by insurance.
A clear perspective on software and IT damage claims
In cases of software or IT-related damage, an independent second opinion can provide valuable insights into the scope and impact of the issue. It helps organizations better understand the situation and supports the next steps toward resolution or recovery.
Practical Examples
Independent damage assessment after a failed software implementation
A trading company hired a software vendor to implement an ERP system. However, after months of delays and technical issues, the software still failed to function properly. The vendor claimed the problems were outside their responsibility, while the company suffered significant losses due to inefficient processes. Our second-opinion assessment objectively identified which issues were caused by the vendor and what level of recovery costs could be considered reasonable. This resulted in a fair and balanced compensation.
Independent review of a data loss incident at a healthcare institution
A healthcare provider lost part of its patient records due to a software error, leading to legal complications and operational disruptions. The software supplier argued that the issue was caused by improper use by the client. Our independent analysis, however, concluded that a fault in the database backup mechanism was the root cause. Based on our report, the healthcare institution was able to file a successful claim, and the issue was structurally resolved.
FAQ
1. What is a second opinion in software and IT-related damage cases?
A second opinion is an independent assessment of software or IT-related damage claims, for example in cases of failed implementations, data loss or security incidents.
2. When is a second opinion useful?
When a software vendor or insurer estimates the damage lower than expected, or when there is disagreement over who is responsible for the issue.
3. What aspects are evaluated during a second opinion?
We assess technical faults, contractual agreements, financial impact and possible solutions.
4. Who can request a second opinion?
Companies and organizations dealing with software-related damage claims who require an objective evaluation.
5. Are the costs of a second opinion reimbursed?
In some cases, insurers reimburse part or all of the costs, depending on the terms of the insurance policy.
Is your organization facing a software or IT-related damage claim?
Feel free to contact us to discuss how we can support you with an independent assessment.