Tech Stack Obsolescence: “Client Sued Because I Used ‘Dead’ Tech (Flash/Silverlight).”

I built a massive intranet portal for a client 5 years ago using a specific JavaScript framework that was popular then. Last month, the framework maintainers announced “End of Life” (EOL) due to a critical security flaw. The client is suing me for “Professional Negligence,” claiming I should have chosen a “future-proof” stack or migrated them.

Key Takeaways

  • Duty to Warn: Did you warn them the tech was aging? If not, you might be negligent.
  • Standard of Care: You aren’t expected to be clairvoyant, but you are expected to use “currently supported” tools at the time of build.
  • Maintenance Contracts: If you didn’t have a maintenance contract, you have a strong defense: “I built it, you failed to maintain it.”
  • Damages: They want a full rebuild ($100k). Insurance fights to pay only the “depreciated value” (which is low for 5-year-old software).

The “Why”: The Negligence Claim

The Trap: Clients think software lasts forever like a building.
The Defense: Software rots. Your insurance lawyer will argue that the “Useful Life” of a JS framework is 3-5 years. Therefore, the product delivered 5 years ago has fulfilled its lifespan.
Coverage depends on whether you were negligent in your original selection.

The Investigation: I Quoted 3 Major Carriers

1. Victor (Schinnerer)

  • My Analysis: They specialize in design professionals. They are excellent at defending “Obsolescence” claims. They argue that “Future-proofing” is impossible and not a standard of care.

2. The Hartford

  • My Analysis: Their Tech policy defines “Wrongful Act” as an error in rendering services. They would defend you, but they might ask: “Did you sell them a maintenance plan?”

3. Travelers

  • My Analysis: Good defense. They will look at the contract. If the contract didn’t specify “Lifetime Support,” they will likely get the case dismissed.

[IMAGE: Lifecycle chart of a software framework showing “EOL”]

Comparison Table: Obsolescence Defense

CarrierDefense StrategyCostBest For…
VictorStandard of Care ArgumentArchitects/Devs
HartfordContract DefenseAgencies
TravelersContract DefenseGeneral Tech

Step-by-Step Action Plan

  1. Find the Launch Date: Prove the tech was “Stable” and “Supported” on the day you handed it over.
  2. Check Maintenance Logs: Did they decline your maintenance offers? Find that email.
  3. Notify Carrier: “Client alleges design defect due to obsolescence.”
  4. Argue Betterment: If insurance pays for a new React site, the client is getting a “Betterment” (upgrade), not just a fix. Insurance deducts the value of the upgrade.

FAQ

Is using jQuery negligent in 2026?
Debatable. But using Flash is.

Do I have to update their site for free?
No. Unless you are on a retainer.

Does GL cover this?
No.

Scroll to Top