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The Spearin Doctrine Cont’d - Some Important Nuances and Exceptions

 

The Spearin doctrine’s applicability and longevity have spawned a number of nuances and exceptions.

The Spearin doctrine, which establishes that a project owner impliedly warrants that plans and design specifications will be adequate if the owner issues and the contractor complies with the plans and specifications. As a result, a contractor can use the Spearin doctrine defensively to avoid the consequences of defective plans and specifications or offensively to bring a claim if the defective plans and specifications cause its work to be more expensive, timely, or difficult. Since the Spearin doctrine’s birth in 1918, the scope of the doctrine has been the subject of many important legal decisions that continue to define its use.