Joshua A. Glikin was recently quoted in the Maryland Daily Record regarding a potential contractual dispute between the State and the contractors involved with the Maryland Health Connection website.
The failed launch of Maryland Health Connection could turn into a contractual dispute between the State and the contractors that built the exchange. The Maryland Health Benefit Exchange board voted to abandon the software and IBM technology used to build the exchange.
The state of Maryland was one of many states to receive federal grants to build its own version of the exchange. Now, the state may need to recoup these funds though a lawsuit in order to reimburse the federal government for the grants it received.
Mr. Glikin handles a large number of contract disputes, including many related to software development in the firm’s intellectual property and technology law departments. He recently commented on the matter to the Daily Record stating that “suits between a software developer and someone who retains the developer but isn’t happy with what they got sounds a lot like this situation with Maryland.”
If the contractual dispute does go to court, the state would be able to seek damages for the difference in the value of services promised less the services actually delivered.
Governor Martin O’Malley has made his intentions to take IBM to court very clear. Other signs indicate that a breach-of-contract lawsuit could be in the near future. Despite O’Malley’s statement in the news conference, it remains unclear which contractors the state plans to sue since several were involved in building the exchange. However, the IBM software remains at the center of the dispute.
Mr. Glikin said, “If indeed the problem is IBM’s software, but you have other contractors involved and everyone’s hands have touched this project, there’s going to be a lot of fingers pointed in all directions. In cases where there could be multiple people responsible for a systemic problem, everyone will often just sue everybody.”
For the full article, please visit the Maryland Daily Record.