John Castro | Gordon Rees Scully Mansukhani | October 5, 2018 The United States District Court for the Southern District of California has now held that the Spearin doctrine applies to design-build subcontractors where the subcontractor is expected to design a portion of their work. The case is United States for the use and benefit of Bonita Pipeline,… Continue reading Teaching An Old Dog New Tricks: The Spearin Doctrine and Design-Build Projects
Tag: Spearin Doctrine
Federal Court Rules Spearin Doctrine Contractor Immunity for Defects in Owner’s Design Includes Contractor’s Failure to Warn Owner About Defects
Alex Corey | Pepper Hamilton LLP | June 29, 2017 In general, courts will be hesitant to impose liability on contractors when the underlying problems stem from an alleged design flaw. The legal doctrine of implied fitness of design warranty, recognized by the U.S. Supreme Court, provides that a contractor bound to build according to… Continue reading Federal Court Rules Spearin Doctrine Contractor Immunity for Defects in Owner’s Design Includes Contractor’s Failure to Warn Owner About Defects
Construction Defects – Defective Plans and Specifications
J. Norman Stark | Legally Speaking | March 31, 2016 Construction defect and legal liability due to defective construction documents – the plans and specifications, has been the subject of many highly contested claims. Who is to bear the brunt and loss – the Owner, Architect, Engineer, or Contractor? Construction Law Cases The landmark construction… Continue reading Construction Defects – Defective Plans and Specifications