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 30 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 construction claims in courts (state and federal), arbitrations and mediations.
Selected by NJBiz as a Leader in Law - 2022
Charter Fellow, Construction Lawyers Society of America
Top Ranked in Chambers USA, Construction – New Jersey
Listed in the Best Lawyers in America and New Jersey Super Lawyers
Martindale-Hubbell Peer Review Rated AV Preeminent
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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