Gain insight into applying a 100-year-old rule to current project delivery systems.
In the United States v. Spearin, one of the most well-known construction cases in contracting law, the United States Supreme Court decided that an owner impliedly warrants design specifications that it provides to a contractor. Contractors in many jurisdictions have successfully made claims, in private and government contracts, for an equitable adjustment established on what is now known as the Spearin Doctrine. The vast majority of Spearin claims have been asserted in design-bid-build projects. Spearin claims are far less common in design-build projects, which is the focus of this white paper. This material reviews design-build and discusses the application of Spearin to design-build.
Agenda
Faculty
Steven Nudelman, Esq.
Greenbaum, Rowe, Smith & Davis LLP
- Partner in Red Bank (NJ) office of Greenbaum, Rowe, Smith & Davis LLP
- Practicing construction law for over 27 years
- Chair of the firm’s Construction Contracting & Risk Management Practice Group
- Represents owners, contractors, and design professionals in negotiating and/or drafting contract documents for commercial, residential, and public projects in the New Jersey/New York metropolitan area
- Defends and prosecutes a wide variety of construction claims in courts (state and federal), arbitrations, and mediations
- Selected by NJBiz as a Leader in Law in 2022
- Charter Fellow, Construction Lawyers Society of America
- Listed in Chambers USA, The Best Lawyers in America, New Jersey Super Lawyers, and Who’s Who Legal in the Construction Law/Litigation practice area
- Martindale-Hubbell Peer Review Rated AV Preeminent
- Arbitrator on Construction Panel of the American Arbitration Association
- Co-Chair of Construction Law Section of New Jersey State Bar Association
- Can be contacted at [email protected] or 732-476-2428
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