Sisters of Charity of Leavenworth Health System licensed "a broad range" of business applications from Lawson in 2001, paying an initial price of US$1.4 million, as well as ongoing maintenance fees, according to the complaint filed last month in U.S. District Court for the District of Kansas.
Lawson has told SCLHS that as of May 2010, it will no longer support a pair of applications in the suite, the document states. One application is used to track employee vacation time and sick leave, while the other is for managing medical supply inventory, according to the filing.
Both applications are "critical" to SCLHS' operations, the filing states.
A clause in SCLHS' original agreement with Lawson says that during the product suite's support period, SCLHS could exchange applications for other Lawson products with similar features and functions "as reasonably determined by Lawson" and pay only a nominal fee, according to the filing.
Lawson has two newer applications that are similar to the older ones but also have other functions, according to the filing.
"Accordingly, rather than comply [with the clause], Lawson insists that SCLHS must pay an additional license fee of $155,450 in license fees plus new annual maintenance fees to license its 'new' applications that are 'most like' [the ones being discontinued]," the filing states.
Patrick Kuehl Jr., an attorney for SCLHS, declined to comment at length in an interview Friday, saying the organization is awaiting Lawson's official response to the complaint.
"We have our view of what that [clause] means and they've taken a different position," he said. "All I can really tell you right now is it's a contract interpretation issue."
Lawson has "a strong position" and will put up a vigorous defense, spokesman Joe Thornton said in an e-mailed statement.
"[SCLHS] believes it should receive new Lawson products, such as Lawson Strategic Human Capital Management and even acquired products in perpetuity for an extremely low price," Thornton added. "We believe we should receive a fair price for the investments we've made in building and acquiring new products, as the language in our existing contract specifies."
The company is due to file a response to SCLHS' complaint on or before Feb. 24, according to another filing.
The suit underscores the importance of adding "functionality replacement" clauses like the one at issue to software contracts, said Forrester Research analyst Ray Wang.
Forrester commonly uses the technique when at the bargaining table for clients, although customers usually are required to stay up to date on the vendor's platform releases, he said.