Is the Spearin Doctrine a shield or sword?
Typically it is implied by law in every construction contract, or contract in general, that there is a duty of good faith, fair dealing, and good workmanlike manner. This means that the contracting party will not do anything to hinder or delay the other party’s performance; and also means that the work will be free of defects of workmanship and material. What happens if there is a violation? How is it determined? What obligations, if any, does the owner have for the plans and specifications? In this video our speakers review these questions and discuss what the Spearin Doctrine provides for owner and contractor liability.
Lloyd N. Shields
Shields | Mott LLP
- Managing Partner in the New Orleans law firm of Shields | Mott LLP
- Practice areas primarily include construction litigation, surety law, business, technical, products liability, copyright, trademark and patent cases, and alternative dispute resolution
- Represents clients in federal and state courts in judge trials and jury trials, on district and appellate levels, and in mediations and arbitrations
- Admitted to practice before all federal and state courts in Louisiana, various other federal courts, and the United States Supreme Court
- Written and lectured extensively on construction law, alternative dispute resolution and related topics to a variety of professional groups
- Handled hundreds of construction cases covering virtually every aspect of building construction and design
- Member of the Construction Arbitration Panel and Construction Mediation Panel of the American Arbitration Association, a member of the American Arbitration Association national board of directors, and of the Louisiana State and American Bar Associations
- Named a Super Lawyer in Louisiana Super Lawyers in the field of construction/surety
- M.Arch. and J.D. degrees, Tulane University
- Can be contacted at 504-581-4445 or [email protected]
Elizabeth L. Gordon
Shields | Mott LLP
- Partner at Shields | Mott LLP
- Concentrates in the practice areas of construction law and commercial litigation
- Experience representing owners, contractors, subcontractors and design professionals in all aspects of construction from construction contract negotiation and drafting, claim drafting and counseling during the construction and resolution of claims through the use of appropriate state or federal courts or before arbitration panels
- Handled these issues against private, local, state and federal agencies
- Handled state and public law lien claims and federal Miller Act claims
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