Insights · Professions

IT Developer, Consultant: When the Bug Costs More Than the Project

A software bug is cheap for a long time – as long as it only lives on the developer's own machine. In production, though, faulty code can cause downtime, data loss, a bad business decision, and the loss is no longer the hourly rate for fixing it, it's the client's lost revenue. IT professions are a fast-growing area of professional indemnity insurance – this article maps out the claims pattern for developers, operations people, and consultants.

In short:
  • The typical loss is purely financial: a loss the client suffers from downtime, faulty operation, or delay.
  • The relationship between contractual commitments (SLAs, penalty clauses) and insurance cover is a key question – the two are not the same thing.
  • Data-protection and cyber losses belong to a separate product area – the boundary needs to stay clear.

The typical claim situations

Four patterns keep recurring. Faulty delivery: the system doesn't do what it should, or doesn't do it the way it should, and the client faces operational disruption and extra cost. Downtime: a service outage following an update, migration, or operational fault – for a webshop or a booking system, even an hourly loss rate can be meaningful. Data loss: the cost and consequences of recovering lost or corrupted data. And a consultant's error: a poor architecture decision, a project plan that goes wrong, whose true cost only becomes clear months later. What they share is claims-made timing: the loss can surface well after the work was done – the retroactive date is the back wall of the cover here too (key article).

SLAs, penalty clauses and the limits of insurance

IT contracts are full of commitments: uptime, fault-resolution time, penalty clauses. Here's an important boundary: additional liability accepted by contract – standing behind more than the law requires – is typically excluded from insurance cover, and a penalty clause is a sanction, not a claim (exclusions map). The practical lesson: it's worth negotiating client-contract liability clauses with the policy in view side by side – a liability cap combined with insurance is what gives you a defensible position (client requirements, foreign clients).

The cyber boundary

Cyber insurance handles the business's own incident costs (recovery, notification, business interruption); but if the incident at the client occurs because of our professional error, the client's claim is typically a matter for professional indemnity insurance – the specific policy terms settle the boundary. Professional indemnity insurance is there for losses arising from a professional mistake; the two areas touch, but they're not interchangeable. A separate article covers that boundary: data protection–cyber boundary article.

The next step

Sizing IT cover properly starts with the client portfolio: who you deliver to, how critical their systems are, and what contractual commitments you deliver under (activity assessment, limit article). For foreign clients, territorial scope and certificate-readiness also come into play (territorial scope). If you'd like to work through your own portfolio: free consultation here.

Example: the night of the migration

A development team takes on a weekend database migration for a webshop. The job overruns, half the shop is down on Monday morning, and by the time it's fixed, two days of traffic have been lost. The claim is purely financial: lost revenue, extra working hours, reputational complaints. How the case turns out depends on three things. The contract: what did the team commit to in writing (deadline, liability cap)? The cover: can the professional indemnity policy's pure-financial-loss cover and limit absorb the claim? And the documentation: can the testing and backup steps be evidenced – in other words, was this an ordinary mistake, not reckless work? In IT, the three pillars are the same as in the trades, just with different tools: contract, cover, log.

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This article is for general informational purposes only and does not constitute an offer, insurance advice, or legal advice. Specific terms are set out in the insurers' applicable policy conditions. Liability and compensation questions must be assessed under the applicable laws; for a specific case, we recommend involving a legal professional.

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