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
| Carrier | Defense Strategy | Cost | Best For… |
| Victor | Standard of Care Argument | | Architects/Devs |
| Hartford | Contract Defense | | Agencies |
| Travelers | Contract Defense | | General Tech |
Step-by-Step Action Plan
- Find the Launch Date: Prove the tech was “Stable” and “Supported” on the day you handed it over.
- Check Maintenance Logs: Did they decline your maintenance offers? Find that email.
- Notify Carrier: “Client alleges design defect due to obsolescence.”
- 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.