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.



Steven Nudelman, Esq.

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 28 years
  • Chair of 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 variety of construction claims in state and federal courts, arbitrations and mediations.
  • Selected by NJBiz as a Leader in Law - 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
  • Martindale-Hubbell Peer Review Highest rating
  • Arbitrator on Construction Panel of the American Arbitration Association
  • Past Co-Chair of Construction Law Section of New Jersey State Bar Association
  • May be contacted at 732-476-2428 or [email protected]

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