Use It Now. Pay Nothing. Risk Nothing.
How We Engineered ‘Provisional Go-Live’—a Custom Contract Milestone That Gave the Client Full Access Without Losing Leverage, While Giving the Vendor Time Without Penalties
As Superintendent, we recognised the binary structure of traditional go-live clauses wouldn’t serve either party in this case. We designed and implemented a new project milestone — Provisional Go-Live — a contractually recognised middle ground that:
Enabled the client to use the system operationally
Deferred all formal risk transfer
Paused milestone-based payment obligations
Maintained liquidated damages exposure
Gave the vendor more time to complete rectifications without penalty
This milestone was formally communicated, executed under Superintendent notification, and signed off by both parties. It allowed both sides to decouple beneficial use from commercial finality — creating breathing room, clarity, and preserved leverage.
Client gained early operational use of the system — at zero commercial cost
Vendor was granted additional time without triggering liquidated damages
No risk transferred to the client until all conditions for formal go-live were met
The relationship remained intact — avoiding escalation or legal posturing
A new best-practice precedent was set for high-pressure automation programs
‘Provisional Go-Live’ was not standard practice — it was a strategic invention. Created from a deep understanding of both contract mechanics and real-world operational needs, it delivered flexibility without compromise.
Most project delays result in one party losing out — either by accepting risk prematurely or by escalating conflict. This solution avoided both. It protected the client’s leverage, gave the vendor fair ground to complete, and ensured operations didn’t grind to a halt. Structured leadership and contractual fluency turned a stalemate into a win-win — with zero downside.
