It's a clever way of suing your provider. Accenture was sued using the same strategy: http://blog.obiefernandez.com/content/2008/03/sap-sued-for-t... But Does Sky need to demonstrate EDS sales team was acting in bad faith?

These kind of sales processes are so long and complex that badly selling the solution does not imply bad faith. I'm completely sure that the sales team had not all the information of how things were going to be delivered and for sure they took some optimistic assumptions, but I'm sure they're not trying to swindle sky.

Just for laughs, I recommend this scribd presentation: http://www.scribd.com/doc/2304178/Confessions-of-an-Ex-Enter...