John Mark Goodman and Joe Mack Curry II | BuildSmart The Spearin doctrine is alive and well in Maryland. Pursuant to that doctrine, owners who provide plans and specifications to a contractor impliedly warrant that information and may be responsible if that information is defective. Last week, a Maryland appeals court applied the century-old Spearin doctrine to affirm a… Continue reading The Spearin Doctrine: Owner Responsible for Defective Plans in Dispute with General Contractor
Tag: Spearin Doctrine
Bridging Documents and Design-Build Warranties: Building Bridges to Avoid Pitfalls
Steve D. Garcia | ConsensusDocs Design‐build has continued its steady ascent in both the private and public spheres, revolutionizing how stakeholders approach construction projects. By melding design and construction responsibilities into a single point of responsibility, design‐build can streamline project delivery and reduce administrative inefficiencies. Yet, this consolidated approach does not immunize participants from complex… Continue reading Bridging Documents and Design-Build Warranties: Building Bridges to Avoid Pitfalls
Spearin Doctrine can Apply in Design-Build Context
David Adelstein | Florida Construction Legal Updates The Spearin doctrine is a doctrine in the construction industry that broadly means the owner impliedly warrants the constructability of the plans and specifications given to the contractor. This implied warranty attaches to a design specification, but not a performance specification. A question arises as to whether the Spearin doctrine can apply in… Continue reading Spearin Doctrine can Apply in Design-Build Context
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