Shifting Liability

Are you entering into Design-Build Contracts?  If so, you may want to be aware of a ruling that came from the Civilian Board of Contract Appeals.  The decision does not support the age old Spearin Doctrine that has for a hundred years protected contractors from liability arising from plans and specs that are provided by owner.   With the advent of project delivery methods other than Design/Bid/Build, responsibility may be shifting from owners to contractors.

Click here to read the full article from Joseph Young at  Smith Currie & Hancock: Erosion of the Spearin Doctrine of Implied Warranty in Alternative Project Delivery Methods.

Any questions regarding this? Contact Lynne Cook, Senior Vice President of Surety, at cooklw@ecsinsure.com.

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