White Paper

4 Pages
  • 4 Pages

The Spearin Doctrine and Design-Build

 

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.

Steven Nudelman, Esq.

Greenbaum, Rowe, Smith & Davis LLP

  • Partner with Greenbaum, Rowe, Smith & Davis LLP
  • Chair of Construction Contracting & Risk Management Practice Group
  • Concentrates practice in construction law transactions and disputes
  • Charter Fellow, Construction Lawyers Society of America
  • Listed in Chambers USA in the Construction Practice area
  • Co-chair of Construction Law Section of New Jersey State Bar Association
  • Can be contacted at 732-476-2428 or [email protected]

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