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Fractional CTO · Diligence

What is technical due diligence, and what does it cover?

The situation

A raise or an acquisition is in motion, technical questions are coming, and nobody inside the company can answer them independently — or you are on the buy side and need someone who can.

Short answer

Technical due diligence is an independent examination of a company's codebase, architecture, team and technical risk, usually run before a funding round or acquisition. It covers code quality and maintainability, architecture and scalability, security posture, IP ownership and licence compliance, team capability and key-person risk, and delivery process. A typical review runs two to three weeks and produces a written report an investor can rely on. Corelynx runs these as fixed-fee engagements.

Two findings kill deals more often than bad code: unclear IP ownership, usually from contractors who worked without an assignment clause, and a licence in the dependency tree whose terms are incompatible with commercial distribution. Both are cheap to check early and expensive to discover in a data room. If you are twelve months from raising, run the IP and licence checks now — they are the parts that take longest to remediate, and neither improves by waiting.

What diligence actually looks for

  • Founders cannot audit their own build. The party that wrote the code also grading it is a structural problem, not a competence one, and investors know it.
  • IP ownership is often unclear. Contractor agreements without assignment clauses, code written before incorporation, and open-source licences that were never read are the findings that stop deals.
  • Key-person risk is usually understated. If one engineer holds the only working knowledge of a critical system, that is a valuation issue rather than a technical one.

How to prepare for technical due diligence

  1. 01
    Collect contractor and employment agreements and confirm every one assigns IP. Do this before anyone asks.
  2. 02
    Run an open-source licence scan. Copyleft licences in a commercial product are a finding you want to discover first.
  3. 03
    Document the three systems only one person understands, and start reducing that to two.
  4. 04
    Write down the architecture and the reasoning behind the major decisions — not for the reviewer, for whoever inherits it.
  5. 05
    Commission the review before the raise, not during it. Findings are cheap to fix in advance and expensive to negotiate under a term sheet.
Where it gets hard

The uncomfortable part is that diligence usually confirms what the technical team already suspected but had no standing to escalate. A review is most valuable when it is commissioned early enough that the findings can be fixed rather than merely disclosed — and that means running it before there is a deal on the table, which is exactly when nobody feels urgency to pay for it.

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