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Business litigation over alleged defective software occurs often

On Behalf of | Jul 4, 2018 | Business Litigation

Litigation over software and digital programs is voluminous in Oregon and nationwide. There is nothing more frustrating than to get a new program for a business network and find that it just doesn’t work like it was supposed to work. If this is the main system that runs the whole dispatch for emergency fire department calls, the damage can be catastrophic, and time will be of the essence in resolving the conflict. The primary legal theory in business litigation of this kind is usually breach of contract.  

Fire officials in a neighboring state are complaining that the multi-million dollar purchase of new dispatch software has created a disaster and an imminent safety threat to the communities served. A regional fire communications center ordered the new software due to the need to modernize the way fire crews are directed to respond to emergency calls. For all intents and purposes, the new software doesn’t work, according to the lawsuit filed in a federal district court by state fire officials.

The Sacramento regional communications headquarters handles in excess of 350,000 calls per year. It receives all fire, medical and rescue requests. The suit is against a Texas company, Tyler Technologies. Along with the main count in breach of contract, this lawsuit also contains a typical claim for fraud and misrepresentation.

The lawsuit contains a factual allegation that Tyler submitted misleading and false information in its bid for the contract. Officials are seeking more than $7 million in damages and are apparently beginning to go through the steps of obtaining a new vendor. Delays attributed to the allegedly defective software could be a life and death matter, according to the lawsuit. Similar business litigation regarding software problems and a variety of mishaps are common in the federal and state courts of Oregon.

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