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The Spearin Doctrine - Determining Who Bears the Risk of Design Errors

 

All construction participants should be aware of the many implied obligations in construction contracts.

Almost every jurisdiction in the U.S. recognizes the Spearin Doctrine in public and private settings. This doctrine is one of the implied obligations to be aware of in your construction contract as it is the implied warranty of the adequacy of the plans and specifications of the project. The general rule of law largely places all construction risk on contractors, yet courts have created certain exceptions, among which is the Spearin Doctrine.