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 firstname.lastname@example.org.