Contract Drafting 101: Implied Warranties and Design Delegation

James Yand | Miller Nash Important elements of a strong construction contract include implied warranties and design delegation. It is necessary to pay close attention to these concepts to protect against future disputes. When a contractor is confronted by an owner’s claims that the contractor did not adequately construct a project, a foundational defense is… Continue reading Contract Drafting 101: Implied Warranties and Design Delegation

Project Owners Can Effectively Combat Contractors’ Efforts To Use The Spearin Doctrine As A Sword With Strategic Planning Beforehand

Rose Tanner and paul Sonderegger | Thompson Coburn Contractors across the country can use the over 100-year old Spearin Doctrine—which places liability for construction defects on the party who either mandates specifications or is given discretion—as an offensive weapon to recoup damages. Recent case law has been handed down that clarifies and sets forth scenarios when a… Continue reading Project Owners Can Effectively Combat Contractors’ Efforts To Use The Spearin Doctrine As A Sword With Strategic Planning Beforehand

Express Warranty Trumping Spearin’s Implied Warranty

David Adelstein | Florida Construction Legal Updates Be mindful of that express warranty provision in your contract.  It could result in an outcome that you did not consider or factor when submitting your proposal or agreeing to your contract amount. An express warranty could have the effect of eviscerating the argument that you performed your… Continue reading Express Warranty Trumping Spearin’s Implied Warranty

Owner’s Design Defects Can Excuse Contractor’s Own Defective Performance

James Yand | Miller Nash Generally, the implied warranty of the adequacy of the plans and specifications, also known as the Spearin Doctrine, allocates risk to the owner for any defect in the design of the project. This influential federal decision has been applied by state courts across the country, including its adoption as part of Washington… Continue reading Owner’s Design Defects Can Excuse Contractor’s Own Defective Performance

Washington State Supreme Court Issues Landmark Decision on Spearin Doctrine

Cameron Sheldon | Ahlers Cressman & Sleight The Washington State Supreme Court’s recent decision in Lake Hills Invs., LLC v. Rushforth Constr. Co. No. 99119-7, slip op. at 1 (Wash. Sept. 2, 2021) marks the first time in over 50 years that it has ruled on the Spearin doctrine. The Court’s opinion clarified the contractor’s burden when asserting a Spearin defense and affirmed the jury’s verdict in favor… Continue reading Washington State Supreme Court Issues Landmark Decision on Spearin Doctrine

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