5,0/5 Google · 167 reviewsWe do not check reviews of us on other platforms that we do not quote verbatim for authenticity. They may therefore also come from people who are not our clients. The rules of the respective platform apply. Reviews that we quote verbatim on our website, by contrast, have been checked for authenticity within the meaning of Section 5b(3) UWG (German Act against Unfair Competition): we compared the reviewers’ names with our client register. We also asked the respective platform to check the reviews for authenticity.Period: October 2016 to date · As of: 28 October 2026
Software development contract review
Steer the project instead of fighting later
Custom software, an app, a platform or an interface is to be built? We check whether scope of services, cooperation, change, remuneration, acceptance and rights to the code fit together, before signing or during the project.
Please enter a short description first.
Initial contact is free of charge. Before any costs arise, we will inform you expressly.
Response within 24 hours on working days
As of: 23 October 2026
Development contract2 of 5
- Result owedPresent
- Change procedureCheck
- Acceptance criteriaCheck
- Rights to the source codePresent
- Consent of the service providerService provider decidesMissing
Point of review: What exactly is owed?
- 1Send documentsContract and project status
- 2Prioritise pointsScope to exit
- 3DecideNegotiate or readjust
Schematic illustration. Simplified example.
We review contracts for
- Custom software
- Apps
- Platforms
- Interfaces
- MVP projects
Key points at a glance
- A development project stays manageable when scope, cooperation, change, remuneration, acceptance and rights to the code fit together.
- ITMR reviews and negotiates software development contracts before signing, before acceptance and in stalled projects.
- You go into negotiation, approval, readjustment, partial acceptance or separation with clear redlines.
- Whether the service provider accepts changes is its own decision.
- Your contact is Jean Paul Bohne and his team. He is a specialist lawyer for IT law and for copyright and media law. Response on working days within 24 hours.
- Open source
- Software with open source code. Its use is governed by the respective licence.
Starting position
When does the development contract become critical?
When the offer sounds plausible, but it is open what exactly is owed.
Without a robust scope of services, there will later be disputes over requirements, extra effort and project delays.
Custom software is to be commissioned. An offer, SOW or specification is available, but it is open what is owed and when success is achieved.
The Scrum project loses its line. Backlog, sprints and extra requests continue, but change requests, budget and responsibilities become unclear.
Before a partial delivery or final invoice, it remains open whether delivery was ready for acceptance or whether defects, outstanding work and extra effort are being mixed up.
Rights to code and results are unclear. Source code, documentation, libraries and third-party components are to be usable without the chain of title being in place.
- For whom
- Clients and development service providers
- Trigger
- Signing, acceptance, project crisis
- Core
- Scope, change, acceptance, rights
- Consent
- by the contractual partner
For personal data, processing on behalf or international bug fixing, data protection law gets you there faster. If AI components shape the project, AI law also becomes relevant.
The software development contract check shows in advance which gaps your development contract has regarding acceptance, rights or liability.
Send the contract and project status using the form. We will get back to you on working days within 24 hours.
Process
How do we review your development contract?
In three steps from contract set to a clear line.
01
Send documents A draft contract, offer, SOW, specification, backlog, change orders, acceptance documents or the state of the dispute are enough.
02
Prioritise points We reduce scope, cooperation, change, acceptance, rights, remuneration, documentation and exit to the economically decisive points.
03
Decide You go into negotiation, approval, readjustment, partial acceptance or separation with redlines and a clear next step.
Four review questions for your contract
- 1
Is the result described? The offer, service description, SOW, specification or backlog must show which functions, quality, integrations and deliverables are owed.
- 2
Are change procedures regulated? Many projects fail because requirements grow without the consequences for time, budget and responsibility being recorded.
- 3
Do acceptance and remuneration fit? Acceptance, partial acceptance, fault classes, remedy of defects, payment due dates and partial deliveries must be considered together.
- 4
What applies after the project ends? Source code, documentation, deployment, access credentials, rights of use and handover must enable further use.
How long does it take? We complete most work steps within a few working days. How quickly it goes depends on the scope and your feedback. Do you have a fixed date, such as a launch? Tell us right away in your enquiry and we will plan for it.
Service
What does the review include?
Service package: software development contract
Before signing Tighten scope of services, order of precedence, cooperation, change, acceptance, remuneration, rights and exit.
Before acceptance Classify the deliverables owed and readiness for acceptance.
In a stalled project Organise the project trail and prioritise change orders, partial acceptance, payment or separation.
Interfaces Integrate data protection, AI, chains of title and third-party software appropriately.
- For whom
- Clients and service providers
- First response
- within 24 hours on working days
- Costs
- We tell you the costs transparently before you instruct us.
- Not included
- Technical code review and expert reports. IT experts handle these separately.
Who delivers what and who decides
- Contract, offer, SOW
- Specification or backlog
- Change orders and minutes
- Acceptance documents and invoices
- Review of the contract set
- Redlines and priorities
- Negotiation with the contractual partner
- Organising the project trail
- You decide on the line and residual risks
- The contractual partner decides on changes
How does the engagement work?
- 1
First assessment You send the contract and project status using the form. We assess which scope fits. The first contact is free of charge.
- 2
Offer Before we start, we tell you the scope and costs transparently.
- 3
Court steps separately We agree court proceedings and representation separately.
Review focus
What do we review in the development contract?
Four fields that make the difference in practice.
| Review area | Typical provisions | What we look for |
|---|---|---|
| Scope of services and roles | Target picture, mandatory services, SOW, specification, user stories | Order of precedence of documents and classic or Scrum models without contradiction |
| Change and remuneration | Change requests, partial deliveries, partial remuneration, delayed cooperation | Distinguishing defects, additional services and further development |
| Testing and acceptance | Test phases, acceptance criteria, partial acceptances, fault classes | Remedy of defects, deadlines, retention and escalation |
| Rights and handover | Rights of use in code, open source, repositories, access credentials | Know-how transfer and further development after the project ends |
Misconceptions
Which assumptions are misleading?
Four statements we often hear in development projects.
That is only enough if scope of services, approvals, acceptance, rights, remuneration and changes are regulated. We rarely see that in larger projects.
Scrum does not replace a contract structure. Responsibilities, prioritisation, documentation, change and acceptance need all the more clarity.
Payments do not answer whether a service was performed in accordance with the contract, approved or accepted.
It depends on what was individually created, licensed or integrated from third-party sources and what can be surrendered.
When the project stalls
What to do when the project stalls?
Then a robust project trail counts.
We put the contract, tickets, minutes, approvals, change orders, notices of defects, invoices and email threads into a reviewable order.
We distinguish defects, additional services, outstanding cooperation, delay, payment claims, retention and surrender.
Depending on the situation, a change order, setting a deadline, an orderly handover, partial acceptance, settlement or separation fits.
Product, IT, management and procurement work along the same line, and every step remains documented.
Legal framework
Which rules apply to development contracts?
If the service provider owes a result, the law on work contracts under Section 631 BGB applies. If it only owes activity, for example in Scrum models with staff provision, a service contract under Section 611 BGB may exist.
Acceptance is governed by Section 640 BGB. Under Section 640(2) BGB, a work is also deemed accepted if the customer lets a reasonable deadline pass without stating a defect.
On acceptance, remuneration becomes due under Section 641 BGB. Rights in the event of defects arise from Section 634 BGB.
Computer programs are protected under Section 69a UrhG. Under Section 31(5) UrhG, in case of doubt the purpose of the contract determines which rights of use pass over.
- Section 631 BGB Contract for work.
- Section 611 BGB Service contract, for example for pure activity without a result owed.
- Section 640 BGB Acceptance.
- Section 641 BGB Due date of remuneration.
- Section 634 BGB Rights in the event of defects.
- Section 69a UrhG Protection of computer programs.
- Section 31 UrhG Granting of rights of use.
Limits
What does the review not cover?
Clear limits protect your planning.
- 1
No code review IT experts handle technical expert reports separately.
- 2
No promise of outcome Whether the contractual partner accepts changes is its own decision.
- 3
No project management Operational steering remains with your team.
- 4
The decision remains yours Which line you choose is your decision.
What you can expect as a result
- A prioritised list of redlines.
- Clarity on acceptance, change and rights.
- An organised project trail for negotiation or separation.
Your contact
Lawyer and mediator · Partner · Specialist lawyer for IT law · Specialist lawyer for copyright and media law
View profile Düsseldorf, Schirmerstraße 80 · Hamburg, Palmaille 124
TOP lawyer 2027 · Business lawyers · Intellectual property
F.A.Z.-Institut and QuantiQuest. Based on recommendations from peers and assessments by in-house counsel. Source (opens in a new tab)
ReviewsWe do not check reviews of us on other platforms that we do not quote verbatim for authenticity. They may therefore also come from people who are not our clients. The rules of the respective platform apply. Reviews that we quote verbatim on our website, by contrast, have been checked for authenticity within the meaning of Section 5b(3) UWG (German Act against Unfair Competition): we compared the reviewers’ names with our client register. We also asked the respective platform to check the reviews for authenticity.
What clients say
5,0 von 5 · 71 Bewertungen auf anwalt.dePeriod: October 2018 to date · As of: 28 October 2026
“Discreet but demanding approach to the other side with excellent success. No loss of face for any side and confident handling. Even the opposing in-house lawyers thanked us for the professional approach. Thank you H Bohne” (translated from German)
“Mr Bohne helped me quickly and extremely professionally with my matter! You can tell that he has a large repertoire of knowledge in his field and can resolve cases both professionally and empathetically. I can only warmly recommend Mr Bohne!” (translated from German)
“With Mr Bohne of ITMR Rechtsanwälte, we found a competent and reliable lawyer who always responds quickly and clearly to enquiries and facts, so that even laypeople understand them. …” (translated from German)
FAQ
What do clients ask before signing?
Is an offer enough as a development contract?
Only if scope of services, cooperation, change, acceptance, remuneration, rights and handover are regulated. In larger projects, part of this is usually missing in our reviews.
Is a development contract a work contract?
Not schematically. What matters is which service is owed and how the project structure, expectation of success, acceptance and remuneration are set up.
What is tricky in Scrum projects?
It becomes tricky when flexibility is confused with lack of commitment. Backlog, prioritisation, cooperation, budget consequences, change and acceptance need clear steering.
When should the contract be reviewed?
Ideally before signing. A review also makes sense before a partial delivery, before acceptance, before the final invoice or when change orders and defects become intertwined.
Who owns the rights to the code?
That depends on what is individually created, licensed or integrated. We check whether use, modification, hosting, further development and handover are possible.
Do you also help in a stalled project?
Yes. We then organise the project trail and prioritise change orders, acceptance, remedy of defects, payment, surrender, handover or separation.
Next step
Is your development project at a turning point?
Before commissioning, before a partial delivery or in a stalled project, we check whether the contract steers the project.
Helpful for your enquiry
- Contract or quote
- SOW, specification or backlog
- Change orders and acceptance documents
- Short description of the project status
To get started, the contract with a short description is enough.
Classify a development contract
For companies before signing, before acceptance or in a stalled project.
Briefly describe the project and contract status.
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