Why Legal & IP Risks Are Higher in Offshore Contracts (And What to Do About It) 

Why Legal & IP Risks Are Higher in Offshore Contracts (And What to Do About It) 

Written by: Monserrat Raya 

Golden justice scale over a global map, illustrating legal and IP risks in offshore software development contracts.
Offshore outsourcing has become a popular strategy for scaling software development teams quickly and cost-effectively. It promises access to global talent at reduced costs—but these benefits often come with hidden legal and intellectual property (IP) risks that can threaten a company’s long-term competitiveness. This is especially true for U.S. companies engaging vendors in regions like India, Ukraine, or the Philippines, where legal systems, IP norms, and enforcement capabilities can diverge significantly from those in the United States. If you’re a legal stakeholder, procurement leader, or CTO, understanding these risks—and knowing how to mitigate them—is critical. That’s where a nearshore partner like Scio offers a more secure, compliant, and collaborative model for outsourcing.

What Are the Legal and IP Risks in Offshore Software Contracts?

When evaluating offshore development options, many decision-makers focus primarily on budget. However, legal and compliance risks can generate much higher long-term costs.

Here are the most common legal issues businesses face with offshore contracts:

  • Weak enforceability of contracts, especially when disputes are subject to foreign jurisdictions with slow or unreliable judicial systems.
  • Limited intellectual property protection, as highlighted by the U.S. Trade Representative’s Special 301 Report, which places several outsourcing hubs on its watch list for IP rights violations.
  • Poor alignment with global privacy regulations, such as the EU’s GDPR or California’s CCPA, creating legal exposure in how data is handled or transferred.
  • Ambiguity in subcontractor relationships, which can lead to sensitive source code or data being shared with unknown third parties.
  • Language and cultural differences that obscure contract intent and IP expectations.

    Offshore outsourcing legal concerns may not surface immediately—but they often appear once IP ownership is contested or product liability arises.

    For a broader understanding of the most common risks, read our article on 10 Risks of Offshore Outsourcing.

    Secure cloud outsourcing illustration with a padlock, symbolizing IP protection risks in offshore software contracts.

    How Can I Protect My IP in Offshore Development Contracts?

    IP protection in outsourcing requires a proactive approach. According to the World Intellectual Property Organization (WIPO), IP disputes across jurisdictions are costly and slow, and often, enforcement is inconsistent due to legal fragmentation.

    To safeguard your IP when outsourcing, consider these legal safeguards:

    U.S. or USMCA Jurisdiction Clauses

    Specify that all legal matters be governed by U.S. or North American law, and that disputes be settled in a U.S. court or through arbitration under a recognized international body like the ICC or AAA.

    Clear Source Code Ownership Terms

    Define that all deliverables, including source code, documentation, and proprietary algorithms, are considered “work for hire” and owned by your company upon creation.

    Escrow Arrangements

    Consider placing source code in escrow in case the vendor fails to deliver or becomes non-compliant.

    Strong NDAs and Non-Compete Clauses

    These must be enforceable both in the vendor’s home country and in the U.S., which often means dual-language contracts and jurisdiction bridging.

    Direct Employment of Developers

    Avoid teams composed of loosely managed freelancers or subcontractors who fall outside of enforceable agreements.

    These practices are core to Scio’s approach, ensuring full legal transparency and developer accountability.

    Are NDAs Enforceable with Offshore Partners?

    Short answer: Not always.

    NDAs (Non-Disclosure Agreements) are a standard tool for protecting proprietary information. But in many offshore outsourcing regions, their enforceability is limited.

    • In countries like India, Vietnam, or Eastern European nations, local courts may not recognize or prioritize foreign NDAs.
    • Language barriers can create misinterpretation of contract terms, reducing their legal strength.
    • Some jurisdictions lack a legal concept of “trade secret” comparable to U.S. law, making enforcement practically difficult.

    The American Bar Association notes that companies outsourcing overseas should assume that NDAs are only as strong as the jurisdictional clarity and enforcement mechanisms in place.

    For companies exploring Agile models of collaboration, pairing solid legal frameworks with iterative delivery can reduce ambiguity. Learn more in our article: Benefits of Agile Development.

    Legal Red Flags Table: Offshore Contracts vs. Nearshoring with Scio

    Legal Area
    Offshore (India, Eastern Europe)
    Nearshore with Scio (Mexico)
    Enforceability of NDAs Low to Moderate High (U.S.-aligned under USMCA)
    IP Ownership Clarity Frequently ambiguous Clear and codified in contract
    Jurisdiction & Litigation Requires foreign arbitration NAFTA/USMCA-aligned jurisdiction
    Data Privacy Regulations Fragmented and inconsistent GDPR, CCPA, and USMCA-aware
    Legal Language Barriers High Low – bilingual legal and technical teams
    Cultural Understanding of IP Limited Strong U.S. tech sector alignment
    Compared to Offshore Regions Like India or Eastern Europe, Nearshoring to Mexico with Scio Ensures:
    • Legal proximity under the United States-Mexico-Canada Agreement (USMCA), which modernized IP protection standards across North America.
    • Aligned time zones and faster communication, reducing operational and legal delays.
    • Stronger employee contracts, without hidden subcontracting chains.
    • Bilingual legal support, ensuring that all documents are legally accurate in both Spanish and English.
    • Scio builds teams with legal clarity in mind—your developers are full-time, documented, and bound by enforceable agreements aligned with your jurisdiction.
    Businessperson reviewing legal documents on a digital tablet with cybersecurity icons, symbolizing IP risks and cross-border compliance challenges.

    Why These Risks Are Higher in Traditional Offshore Models

    1. Jurisdictional Complexity

    Outsourcing contracts often fall under the vendor’s local legal system, where:

    • IP rights may not be prioritized
    • Legal recourse is costly and slow
    • Local bias may affect dispute resolution

    In some cases, U.S. companies have spent years in arbitration with little to no restitution.
    If you’re dealing with legacy systems or aging vendor relationships, this problem can get worse over time. Read more on how inertia in outsourcing decisions can create hidden costs in Why “If It Ain’t Broke, Don’t Fix It” Can Be a Costly Mistake in 2025.

    2. IP Theft and Code Leakage

    According to the U.S. Intellectual Property Commission, IP theft costs U.S. businesses over $600 billion annually, and a large portion comes from technology and software leaks. Offshore vendors with weak internal controls may:

    • Re-use your code for other clients
    • Employ shadow developers not bound by NDA
    • Expose sensitive assets to foreign state actors

    These risks are especially critical for SaaS companies and digital product businesses. For a more detailed breakdown, visit our blog on Building a SaaS Application: Pros and Cons.

    3. Data Privacy & Cross-Border Transfer

    Hosting or transferring data to foreign jurisdictions without proper compliance can lead to major regulatory fines. For example:

    • The GDPR imposes penalties up to €20 million or 4% of global revenue.
    • The CCPA allows for class-action lawsuits in cases of data breaches.

    By contrast, nearshoring with Scio ensures all data operations remain compliant within USMCA data protection standards.

    Legal Checklist Before Signing an Offshore or Nearshore Contract

    Legal Item
    Offshore Vendor
    Scio (Nearshore)
    IP Ownership clearly defined?
    Often vague

    Explicit
    NDA Enforceability confirmed?
    Uncertain

    Confirmed in MX & U.S.
    Jurisdiction set to U.S./USMCA law?
    No

    Yes
    Subcontractors disclosed?
    Rarely

    No subcontractors
    Legal documents in English?
    Translated

    Native English & Spanish
    Local legal support available?
    Not easily

    Yes (U.S. + MX counsel)

    Conclusion: Nearshoring with Scio = Legal Confidence

    While offshore vendors may promise lower hourly rates, the long-term legal costs and risks—from IP disputes to data breaches—can be financially devastating. Scio offers a better way:
    • U.S.-compliant legal structures
    • Culturally aligned, full-time engineering teams
    • Transparent contracts and operational control
    Contact Scio today to learn how we build high-performing, low-risk software teams that respect your IP, your legal framework, and your business goals.

    FAQs

    How do I ensure my software IP is protected overseas?
    Work with providers like Scio that operate under the USMCA framework and offer contracts enforceable in North America.
    What’s the biggest legal risk in offshore software outsourcing?
    Unenforceable IP clauses and vague ownership agreements—especially when governed by foreign law.
    Is nearshoring really safer than offshore outsourcing?
    Yes. Nearshore partners in Mexico, like Scio, offer jurisdictional alignment, cultural compatibility, and more effective legal recourse.
    Why does offshore outsourcing fail legally?
    Because legal systems abroad are often misaligned with U.S. standards, making enforcement of contracts, NDAs, and IP rights difficult and slow.
    From Global to Regional: How De-Globalization is Reshaping Software Development 

    From Global to Regional: How De-Globalization is Reshaping Software Development 

    Written by Luis Aburto- 

    Hands interacting with a digital world map representing the shift from global to regional software development.

    For decades, global software development followed a simple logic: find the best talent at the lowest cost, no matter where in the world it lives. Time zones were managed, cultural gaps were bridged, and the software kept shipping. But as the global order shifts, that formula is being challenged, and so is the assumption that software delivery is immune to geopolitics.

    In 2022, many companies with teams in Ukraine saw their operations halted overnight. U.S. export controls are increasingly restricting access to critical cloud and AI infrastructure in China. Attacks on undersea cables have exposed vulnerabilities in global internet connectivity. And more countries are tightening control over data, digital talent, and software supply chains.

    In 2025, the conversation around globalization has intensified. Recent point to a growing consensus among economists and business leaders: the era of hyper-globalized trade and supply chains is being restructured. Rising tariffs, geopolitical realignment, and regional trade blocs are accelerating a shift toward localization and strategic decoupling.

    What do these events have in common? They signal the arrival of a new era, one where global integration is no longer a given, and where resilience in software development must be earned, not assumed.

    The Shift: From Globalization to Fragmentation 

    We are not witnessing the end of globalization, but rather its transformation. The model of deep, frictionless global integration that defined much of the past three decades is giving way to a more fragmented, controlled, and regional system. Instead of chasing the lowest cost globally, many companies are prioritizing stability, alignment, and resilience within trusted regions. 

    This shift is reflected in the rhetoric and actions of governments and business leaders alike. As international institutions weaken and trade tensions rise, companies are being pushed to reevaluate the vulnerabilities built into their global operations. Strategic decoupling, whether intentional or reactive, is now part of mainstream decision-making for many organizations. 

    Key drivers of this shift include:

    • Geopolitical tensions and the formation of new regional blocs, as countries seek to reduce dependence on politically unstable or adversarial trading partners
      Economic nationalism and policies favoring domestic or allied suppliers, including tariffs, reshoring incentives, and export restrictions.
    • Cybersecurity risks heightened by nation-state actors, infrastructure sabotage, and the weaponization of digital supply chains
      Regulatory pressure around data localization, intellectual property protections, and labor compliance, which can vary widely across jurisdictions 

    In this environment, global operations are being restructured not simply for efficiency or cost savings, but for strategic resilience, a foundational requirement for long-term continuity and competitiveness.

    Scio focuses on secure, resilient software development in response to global fragmentation and cybersecurity challenges.

    Why Software Development Is Affected 

    While physical supply chains have received much of the attention in discussions about de-globalization, distributed software development is also highly susceptible to geopolitical disruptions, often in ways that are less visible but equally consequential.

    • A conflict, regulatory crackdown, or even targeted sabotage, such as damage to undersea fiber optic cables or critical digital infrastructure, can cut off access to talent or tooling, particularly if a development hub becomes inaccessible or politically unstable overnight. These infrastructure vulnerabilities add an additional layer of risk, as companies often depend on a handful of chokepoints for their global communications and cloud-based tools.
    • Sanctions can interrupt payment channels or cloud service agreements, stranding teams mid-project or forcing abrupt transitions to alternative infrastructure.
    • Engineering teams working across conflicting legal frameworks may face compliance or IP protection risks, as differing data residency laws or intellectual property rights create exposure.
    • Developers may lose access to global platforms like GitHub, Docker Hub, or AWS services, or be forced to rely on unstable VPNs or workarounds that slow productivity and introduce security risks.
    • Political unrest or changes in labor law may create sudden hiring or retention challenges, undermining team continuity and morale.
      Increased scrutiny from investors and enterprise clients means companies must now prove the operational resilience of their distributed teams as part of vendor risk evaluations. 

    These risks may not be visible on a Jira board or in a sprint retrospective, but they are real, and they can derail product timelines, introduce hidden costs, compromise data integrity, or weaken overall software quality if not proactively identified and managed.

    Rethinking Sourcing Strategy: Risk-Aware Engineering 

    To adapt, technology leaders are shifting their sourcing mindset from cost-driven to risk-aware. That doesn’t mean abandoning global talent, but it does mean being far more intentional about where, how, and with whom your engineering work is delivered. 

    This shift involves a more holistic view of software talent sourcing, one that accounts for not just operational capabilities, but geopolitical alignment, digital infrastructure stability, and long-term viability. It also recognizes that sourcing strategies are no longer static. In a volatile world, resilience demands agility and the ability to reconfigure delivery models when needed.

    Here’s what that shift looks like:

    • Evaluating not just the capabilities of a vendor and their people, but their geographic and geopolitical profile, including political stability, trade relations, and cybersecurity maturity.
      Avoiding overconcentration of critical functions in one region or firm by building geographic diversity into your engineering footprint.
    • Prioritizing alignment with stable, accessible, and politically compatible locations that reduce legal, regulatory, and operational friction.
    • Building optionality into team structures, with flexible paths to rebalance, scale, or transition work depending on emerging risks or strategic shifts.
    • Partnering with vendors that demonstrate transparency, robust identity verification practices, and ethical hiring standards to avoid risks such as misrepresentation or fraud.
    • Incorporating resilience metrics into vendor evaluations, ensuring your outsourcing partners have contingency plans and recovery protocols in place.

    The goal is not to eliminate risk altogether, an impossible task, but to anticipate, distribute, and manage risk in a way that protects both continuity and innovation.

    Scio evaluates strategic software sourcing through a geopolitical lens, emphasizing risk-aware engineering decisions.

    Nearshoring: A Strategic Middle Path

    In this context of economic and geopolitical uncertainty, nearshore outsourcing becomes even more strategic. Nearshoring offers a hedge against geopolitical disruption by keeping operations closer to home and within more stable economic zones. At the same time, it enables companies to achieve cost efficiencies and tap into scalable talent pools, without incurring the long-term liabilities and rigidity of direct, in-house hiring. This combination is particularly valuable in uncertain times, offering companies the ability to stay agile, control labor costs, and accelerate execution while minimizing exposure. 

    For U.S.-based companies, nearshoring, particularly to Mexico and Latin America, is a compelling alternative. In addition to cost and productivity efficiencies, it offers a blend of: 

    • Political Stability and Predictability: Mexico and key Latin American countries offer relatively stable political environments, reducing the risk of disruptive events compared to more volatile outsourcing regions.
      Robust Regulatory and Legal
    • Frameworks: The USMCA agreement ensures clear and consistent regulatory frameworks between the US and Mexico, offering predictable rules for data protection, intellectual property rights, labor laws, and cross-border commerce.
    • Aligned Economic Interests and Strong Diplomatic Relations: Mexico and the United States share tightly integrated economies. These economic ties minimize the risks of disruptive trade sanctions, tariffs, or restrictive economic policies that have impacted other regions.
    • Robust Bilateral Security Cooperation: Mexico coordinates closely with the U.S. on security, intelligence, and regional stability, helping reduce geopolitical risks in the region.
    • Reduced Infrastructure Vulnerabilities: Proximity reduces reliance on vulnerable undersea cables. Mexico has robust, direct connections to U.S. networks, lowering the risk of major connectivity disruptions.
    • Lower Cybersecurity Threat Exposure: Politically aligned countries tend to pose fewer cybersecurity risks. Nearshoring within North America under USMCA offers greater transparency and lowers the chance of state-backed cyber threats.
    • Talent Integrity and Verification: Mexico and most major countries in Latin America have mature educational systems, established professional standards, and extensive verification infrastructures. This helps minimize risks related to talent fraud, misrepresentation, and credential falsification common in less regulated outsourcing markets.
    • Ease of Geographical Diversification and Redundancy: Many nearshore vendors maintain multiple operational centers across Mexico and other countries in Latin America. This geographical diversity enables seamless continuity and rapid failover in case of localized disruptions, further enhancing resilience.
    • Ease of travel and face-to-face collaboration, enabling in-person visits with minimal logistical risk compared to long-haul or politically sensitive destinations, especially valuable for relationship building, onboarding, and team alignment.
    • Closer proximity to key stakeholders and decision-makers, which enables more responsive collaboration and deeper alignment between technical execution and business priorities. 

    This model doesn’t just mitigate risk, it often accelerates productivity and integration, thanks to smoother communication, greater cultural fit, improved responsiveness, and a more resilient and adaptable operational setup.

    Scio team collaborating over a digital world map, representing strategic nearshoring opportunities in Mexico and Latin America

    The Bottom Line: Global Isn’t Dead, It’s Evolving 

    Global software development isn’t going away, but the rules are changing. The companies that thrive in this new era will be those that treat resilience as a priority, not an afterthought. In this environment, companies must evolve from reactive adaptation to proactive strategy, embedding resilience into their sourcing, operations, and partnerships. 

    That means regularly auditing your current engineering footprint not just for efficiency, but for exposure and fragility. It means rethinking where your teams are located, how easily they can collaborate, and what contingencies exist for business continuity if disruption occurs. 

    And perhaps most importantly, it means partnering with organizations that understand how to build reliable, distributed capabilities in an increasingly unpredictable world, partners who offer not only talent, but infrastructure, cultural alignment, transparency, and adaptability. 

    In this next chapter of global software development, success will go to those who treat resilience as a strategic asset, not an operational afterthought.

    Luis Aburto_ CEO_Scio

    Luis Aburto

    CEO
    The show must go on: Developing a venue booking app with UPick

    The show must go on: Developing a venue booking app with UPick

    The show must go on: Developing a venue booking app with UPick

    As the year winds down, it’s time to look back and celebrate all of our achievements of 2021, the challenges and the goals we conquered, and the clients whose projects we helped to become reality. 

    This time, let’s take a look at the story behind the development of the UPick app, which had the goal of creating a useful and reliable booking tool for both venues and artists, and how we helped them bring that dream from concept to a product you can use today. Enjoy!

    What goes into making a good idea into reality? For the creators of UPick, it meant finding a reliable team that could build upon their idea, understand the concept completely, and offers the best technical know-how to bring it from paper into every smart device you can imagine. The beginning was simple enough; back in 2020, a couple of friends were looking into an area of opportunity no one else seemed to be exploring yet: what if you could simplify the process to book a show for a venue through an app?

    The show must go on Developing a venue booking app with UPick_2

    The pandemic gave them a wide-open window to implement a solution for an industry that felt the consequences of this crisis deeply. Live shows account for nearly 50% of the music industry’s revenue, so six months into the pandemic, according to the World Economic Forum, shutdowns had already cost venues around the world 10 billion dollars in sponsorships and ticket sales, with no end in sight. 

    But with vaccination rates increasing, it was probably a good time to try and bring shows back, and UPick’s creators thought that an app that offered a quick way to reconnect performers with venues had some fertile ground to grow.

    So, in February 2021 they started considering Scio as a partner, looking for developers who could create this app from scratch, decide the full scope of the final product, and make important decisions about the direction of the platform.

    This was the first time our clients worked with Nearshore developers, and the advantages of having a fully experienced team equipped and ready to roll inside your own time zone became invaluable, keeping the costs of development down without sacrificing quality. 

    Since our clients had never been involved in a project of this size, constant communication to decide the specifics of UPick was critical, going from things like how to monetize the service, to the best hosting platforms to use.

    Typically, development at Scio consists of a 5-step plan designed to arrive at a solution in the most productive way possible. Understanding users and their needs, as well as the objectives and constraints of the app itself, was Step 1. Step 2 involved analyzing the requirements of the app in order to trace a plan for the UX/UI and architecture of the platform. Then, Step 3 is pure Agile Development, up to the official launch, which was Step 4. And after the kick-off, is a matter of support to ensure the quality of the app, giving ongoing maintenance and adding features as a Step 5.

    The Scioneers chosen were a Programming Lead who developed the architecture of the app, a UI designer tasked with creating a comfortable and stylish interface, another one assigned to create a search bar and review functions within the app, and a QA lead who would make sure everything worked perfectly.

    Communication was key. Thanks to daily scrums, a core pillar of our process, we walked our client through the progress of the project, needing nothing more than 15 minutes every day to discuss the changes and challenges that surfaced, as well as what we accomplished, every week.

    The show must go on Developing a venue booking app with UPick_2

    Here, we solved tons of questions born during development, like “how will a band schedule a show?”, “how will refunds work?”, and “how will the venues and bands make deals?” to more technical matters, like choosing a cost-effective hosting solution (AWS in our case), implementing login credentials from Apple, Spotify, and social media (including some necessary workarounds), to selecting the best payment processor. 

    Also, as we briefly mentioned, the business plan of the app had to be revised entirely once the booking process was decided, as Upick could easily be cut out from the deal between venue and performer, and our team took care of that.

    The biggest breakthrough was deciding to make UPick a “progressive application”, where a web portal could function as an app with consistency across devices, like desktops and smartphones, making it as convenient as possible.

    Then features were added, like the ability to share photos, videos, setlists, and even playlists from Spotify, and we had to rethink the way bands could contact venues as our understanding of these deals grew.

    Progress went smoothly until finally reaching our Minimum Viable Product, where one of UPick’s users, whom the client showed a preview, managed to run all of their bands through the platform before it was 100% finished, which not only showcases the talent of our team but also made the customer base excited about the final product.

    All in all, by September the app was ready to be launched, a whole project contained within the chaotic year of 2021, where Scio was able to offer the exact solutions UPick was looking for. A learning experience for both our team and our clients, we celebrate the effectiveness of Nearshore development, which can deliver no matter the circumstances.

    The Key Takeaways:

    • Since communication is crucial to make a product succeed, choose a development option that can communicate with you at the best time possible.
    • It doesn’t matter if the details of your idea haven’t been ironed out yet, a good team will help you with those decisions.
    • Development time of an app, depending on scope, doesn’t have to be too long. It took us around nine months to bring UPick from concept to reality.
    • Some APIs are not very friendly, but there are always workarounds to any obstacle.
    • If better ideas surge during development, it’s good to always voice them. The schedule might need to be reworked, but the final product is always going to be better.
    Agile Project Initiation

    Agile Project Initiation

    If you search on the Internet for «agile project initiation» you are going to find a LOT of templates. People want structure and easy answers, so of course, these simple answers rise to the top of every search. Many (if not most) of the templates offered are pared-down formats from the Project Management Book of Knowledge (PMBOK) Project Initiation Documents (PID). There is nothing basically wrong with the idea of using templates or most of the templates offered, except – they tend to become prescriptive when they should be taken as guidance.

    From the Agile Manifesto: «…we have come to value:

    Working software over comprehensive documentation

    With that in mind, we should ask – why do we document agile projects? Often, the answer is – because it is required (by someone) when in reality the answer should be – to communicate. But again, that simple answer fails to guide us to the necessary outcome:

    • Documentation should be a natural part of agile project initiation, but not the goal. It should proceed from on-going discussions between stakeholders, the product owner and the development team that is developed in Sprint 0, but it must not end there. The conversations and the documentation of outcomes must continue through the lifecycle of the project and the product.
    • strawman

      Initial documentation is just a strawman

      Documents gathered from product owners and key stakeholders are starting points, not final documents. Documents developed by a designated team member to fill out a template are strawmen to be examined, discussed, questioned, and used as a base for the ongoing development of understanding within the entire project team.

    • Living documentation formats should be preferred over static. In smaller projects, it may not be necessary to manage documentation formally, but in most cases using the same concepts as those used for source code management is a valid guideline. Properly maintained, living documentation answers the questions, «when was this decision made? by whom?» and gives a revision history that tells the story when necessary, but only makes it apparent when needed. It needs to include simple artifacts of these discussions – photographs of whiteboards, screenshots of modified mockups, etc. – in preference to notes developed after the fact and out of the sight of the team.
    • During Sprint 0, the aim must be to develop enough trust among the project team members to allow questions and dialog to form the base for a common understanding of those items that are included in most PID templates. If initial documentation is «handed down from on high» to team members without open, trusting discussion – it cannot be internalized by the team and it will not respond to the inevitable changes that will come as discovery and learning continue throughout the project. Agile software development embraces change by allowing the project team to recognize the inconsistencies and discoveries that will come out during development, surface them and deal with their impact through discussion and collaborative negotiation.

    And before we get too far away from it – there are some really strong ideas in the Agile Modeling page on Agile/Lean Documentation. Honestly, though, there is a lot of information in that reference that should really be digested as a part of understanding agile, not as a guideline for a new project. For that purpose, this short piece is a better resource. But, if the outcome of project initiation is not a bunch of filled out PID templates that we can all take back to our cubicles and file away – What is it?

    Agile Project Initiation is All About Communication

    With the ideas we have mentioned in mind, we have to acknowledge that open, trusting, collaborative communication does not happen automatically in an agile project team. There are natural stages that every group will go through before they can have the kind open discussion needed without fearing it will harm relationships and respect. Discussions need to be wider than the project infrastructure, technology, and user stories, without the feeling an individual is stepping over the boundaries by asking about non-functional issues. We might need to know:

    • Does the culture and background of key user profiles matter to the software development team?
    • Does the role of key subject matter experts (SMEs) in product development for an organization make a difference to who needs to be included in discussions?
    • Are we using a Lean Product Development model with the inclusion of stakeholder users as part of Minimum Viable Product (MVP) development?
    • If we are working in a DevOps implementation, how does that change our standard production procedures?

    There are all sorts of questions that are not (and cannot be) included in standard PID templates but could be critical to a specific project. If we don’t discuss our viewpoints and ask questions, we run the risk of assuming we have a common understanding and making decisions based on those assumptions. Every project, every team, every organization is different. In the best case, we can open ourselves up to collaborative discussion by getting the team together, face-to-face during project initiation, for dialog and team building using team games and facilitation with a bias to being productive, explorative, and fun. Using these techniques, we can strengthen the bonds and shared risks necessary to maintain a successful project throughout its lifecycle.

    facetofaceIn cases where face-to-face project initiation is not possible (hopefully more rare than the rule), much can be accomplished with video/voice meetings if they are relatively short and like agile documentation, structured just enough to ensure the meetings reach necessary outcomes and allow for continued direct discussions among stakeholders in the team when needed. There is nothing much worse than sitting in a meeting where a long, passionate discussion between two team members seems to be sucking all the air out of the room – and the meeting outcomes are lost.

    This piece is relatively short and again, more of a guideline than a prescription for agile project initiation, as it should be if we are to «eat our own dog food.» Bottom line:

    • Don’t be afraid to pull out a template when you start your next project, or when you look at it – crumple it up and throw it away so you can start your own list based on what you know and don’t know.
    • What you think you know or don’t know are assumptions and should be treated as such both during project initiation and throughout the project. Only a discussion with open questions between team members can validate ideas and give us a basis for moving forward. And the assumption that is understood as valid today may not be completely correct at another time.
    • Documentation must be limited to what is necessary when it is necessary and maintained throughout the project as living knowledge. Agile documentation should not be the domain of one person or one role. It must be available and dynamic – allowing everyone on the team to contribute when necessary – in a wiki-style rather than as a bunch of locked Word documents.
    • Agile project initiation should focus on both the productive side – bringing together the information needed to organize the project, initialize environments, and the functional user stories needed, as well as the people/team side – developing the understanding, trust, and communication necessary to work collaboratively throughout the project. Ignoring either side is perilous. Assuming the job is done at the end of Sprint 0 is fatal.

    Scio is a vendor of agile, nearshore services for software development projects with our customer base in North America. We can provide project-based or dedicated teams as required for each situation. We would be glad to discuss how our broad base of experience and skills could help you be successful with your next project. Contact us for more information.

    Successful Software Development Outsourcing

    Successful Software Development Outsourcing

    As a provider of nearshore successful software development services, Scio has a proprietary interest in assuring the success of our customers’ outsourcing projects. But of course, in that respect, we’re no different than any service provider. So, it could easily be said that this article and more that will follow on this critical subject have a built-in bias we can’t ignore. We want you to understand our experience, our business model, and how it shapes our approach to providing outsourced services. We hope that understanding will lead you to explore working with us and to hire our team. So yes, this is an exercise in self-interest…. But that said, we also have an interest in promoting improvement in our industry and the knowledge of critical success factors (CSFs) for the outsourcing of software development. This certainly isn’t a new subject – both the buyers and the sellers of outsourcing services have been trading tips, CSFs, and white papers on the subject for years. A quick Google search will turn up thousands of papers from professional societies, trade journals, buyers and suppliers in the field. But it is a sufficiently rich subject, with ongoing learning and improvement, to continue the conversation among participants. Do we have important information to add? We believe we do and we’re willing to expose our knowledge and experience so you can judge for yourself. To begin the discussion, let’s set a few common terms in context:
    • Outsourcing is a broad subject and different industries approach it from different angles. In basic terms, we’re only discussing the outsourcing of software development, but many of the lessons learned in outsourcing across other industries do apply.  The term comes from tying together the words used to describe «outside resourcing» – bringing resources from outside a company to meet business needs. With that in mind, outsourcing can describe the contract of work to a provider in the same building, city or country, just as well as it can describe the outsourcing of work to a provider in a different country or a different continent.
    • Information Technology (IT) Outsourcing is generally considered to be a subsector of Business Process Outsourcing (BPO) that involves operation, management and maintenance of IT services and infrastructure within an organization. Although technical skills are necessary to maintain aspects of IT operations, generall software development is not the primary driver of IT outsourcing contracts.
    • Offshore or Offshoring is a term that, like outsourcing, has many meanings specific to the industry where it is used. For our purposes, it means the use of service providers with working hours that have very little or no overlap with their clients. Generally, these providers are on different continents with completely opposite work periods. A great deal of successful software development outsourcing is done by offshore providers so it is not intended to have a negative connotation. But, in many software development projects, communication and collaboration are key and in that respect, using offshore services requires special adaptations that both the client and the provider must be aware of and enforce.
    • Nearshore or Nearshoring in our context refers to the contracting of work to providers in a different country that shares significant working hours overlap and often shares a border, region or continent. Scio is a nearshore provider of software development services to North American clients. Our services leverage the benefits of a nearshore relationship with our clients so the situations where we work best tend to exploit those advantages. Successful software development outsourcing relies to a large degree on the relationship between the client and the service provider and the requirements of the work itself. Some software development can leverage nearshore advantages better than others. Some providers have adopted practices that lower the risks inherent in software development outsourcing, regardless of their physical proximity to their client teams. Regardless, understanding the differences between offshoring and nearshoring of software development projects is an important subject for all participants in the industry. There is no «one size fits all» as evidenced by the growth of both nearshore and offshore development centers within large outsourcing consultancies.
    • Agile Software Development is a methodology that is widely used across the software development industry. It is based on the idea that software development projects should be composed of short, iterative cycles producing valuable software incrementally while allowing for the evolution of the results based on constant consultation and interaction with the client and user base. The methodology itself is constantly improving and allows for adaptation to many situations. Because of this flexibility, the agile practices adopted for one project or practiced by a development team will vary, but overall the basic principles as they apply to client and team interactions and software quality during a project are expected to remain.
    • Scrum Software Development is an extension of the agile framework for software development down to the team level. It includes descriptions of roles, processes, and ceremonies that strengthen agile principles and give structure to the software development process. Like agile, it is an adaptable methodology but it does include more detail specific to the software development process. Scio provides software development teams using a proprietary implementation of agile and scrum. Not all software development projects require agile or scrum, but most can benefit from some level of integration with the methodologies.
    • Distributed Agile Teams are a part of the outsourcing of software development when you use either nearshoring or offshoring of a part of your agile team. In agile/scrum methodology, a premium is placed on open and frequent, face-to-face interactions between the development team and the product owner from the client-side. But, agile is also practical and adaptable, so there are practices that help to overcome the team isolation and improve interaction when parts of your team are remote. Scio is a provider of distributed agile teams for software development and integrates the practices necessary to assure success in these situations in all our projects.

    What is a Successful Software Development for You?

    It is hard to discuss «success» without knowing what it means to clients in general and it is almost impossible for a specific project to be «successful» unless all participants understand what it means from the start. In simple terms, most people would say without thinking it means providing software on time, on or under-estimated costs and that delights users – but that simple definition ignores all the trade-offs and pitfalls that need to be avoided or mitigated and the stakeholders who must be satisfied to arrive at a successful outcome. In researching the literature on this subject, an IEEE literature review came upon the subject that found some interesting results:

    Top 5 CSFs for Success in Software Development OutsourcingSuccess Factors for Outsourcing

    1. Contract Flexibility
    2. Trustworthy Relationship Management
    3. Competitive Bidding
    4. Consultation and Negotiation
    5. Quality Management

    Last 5 CSFs for Success in Software Development Outsourcing

    1. Time Management
    2. Culture Awareness
    3. Intellectual Property Rights
    4. Data Security and Privacy
    5. Detailed Specification of Product and Project
    These results came from a specific set of criteria concerning the basis of the outsourcing contract and relationship, as well as the contract and contract management – rather than a soft assessment of project outcomes, so it is probably not what you might think at first. But consider the elements of the top 5:
    • Contract flexibility, like agile practices in software development, this allows the project to evolve in various ways to reach a successful outcome. It is a realization of the simple fact that at the outset of a project, and throughout the development cycle, participants don’t know what they might discover or how they will work together. A flexible contract, instead of locking them into a tight box, provides a framework for realizing opportunities not foreseen at the beginning of a project or dealing with unexpected issues that might derail the project. A good contract focuses on the objectives of the outsourcing relationship rather than operational details.
    • Trustworthy relationship management gives everyone involved the ability to bring issues up without fear and mistrust. It allows open negotiation during the development process without bringing everything to a screeching halt. Again, it acknowledges the established truth of software development – there are things we don’t know and opportunities we haven’t considered that will be discovered as we move forward. We won’t be able to consider them if we don’t have a relationship of trust between the players.
    • Competitive bidding, when it is done not just on price, but on a range of weighted factors, helps to increase the feeling of trust and control between the service provider and the client. Everyone understands what is important from the outset or has explored the issues until a successful conclusion is reached. Blind bidding, where bids are submitted, but no discussion or negotiation occurs among the top bidders and the potential client do not build this level of understanding however. No amount of paper and diagrams can substitute for the level of understanding that can be reached in direct, verbal negotiation.
    • Consultation and negotiation are a realization of the fact that constant communication is necessary in all software development projects to insure the development is on track to meet the goals set out in the beginning of the project or, where needed, the teams can negotiate in good faith to reach alternative outcomes that better fit the situation as it has developed. Virtually all software development projects need both a mechanism to ensure open communication and negotiation.
    • Quality management, not just against a set of detailed requirements (that is number 15 in this list after all). When everyone is involved in quality, it becomes a key to reaching a successful outcome. But as the agile methodology guides us, only if the management of quality is a continuous process throughout the incremental software development process. If it can only provide feedback at the end of prescribed  phases or the end of the project, the risk of going off-the-rails becomes too large and failure to reach the necessary outcomes of a project area almost assured.
    Now, of course, you are likely to see a different list in your head or have a specific list of CSFs in mind for a project. But list brings up an important consideration – what weight should you put on the need to deal with change and to work successfully with your vendor throughout a project or relationship? And it is important to understand, this is a result of the frequency of a CSF being identified among several papers, not the weight it was given in any one paper, if indeed weights were given. So the number of times a CSF was mentioned in the surveyed literature produces the order of the list.

    Nearshore? Offshore?

    Successful Software Development We find these kinds of communication problems come up in many aspects of the provider/client relationship in outsourced software development. Agile and scrum development practices address these problems well, but in the case of offshore services, the agile model becomes stretched in ways that require adaptations that can be costly or distracting in the course of project operations. That is not to say that nearshore distributed teams, a model we use frequently,  do not require specialized planning and adaptations, but it is part of our standard practice package, not something we do on a one-off basis. We find all projects benefit from attention to better communication and tighter relationships between our teams and their product owners. And we have that built-in advantage of nearshore; our development team is working in real-time with the client team. There is a lot more to discuss successful software development outsourcing – and we will be doing just that as we continue to provide information from the field.